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Table of Contents

Order 1 — APPLICATION AND INTERPRETATION

Rule 1 — Application and Interpretation
Rule 2 — Interpretation

Order 2 — PLACE OF INSTITUTING AND TRIAL OF SUITS

Rule 1 — Suit Relating to Land and Property Distrained or Seized
Rule 2 — Suit for Recovery of Penalties, Forfeitures and Against Public Officers
Rule 3 — Suit Upon Contract
Rule 4 — Other Suit
Rule 5 — Suits Commenced in Wrong Judicial Division

Order 3 — FORM AND COMMENCEMENT OF ACTION

Rule 1 — Proceedings Which Must Be Begun by Writ
Rule 2 — Mode of Beginning Civil Proceedings
Rule 3 — Leave to Enter Land in Dispute in Land Matters
Rule 4 — Application for Injunction Before Commencement of Suit
Rule 5 — Form of Writ; Civil Form 1 in Appendix
Rule 6 — Forms of Writ for Service out of Nigeria; Civil Form 2 in Appendix
Rule 7 — Proceedings Which May Be Begun by Originating Summons
Rule 8 — Suits on Construction of Enactment
Rule 9 — Discretion of the Judge
Rule 10 — Forms of Originating Summons; Civil Forms 4, 5, 6 in Appendix
Rule 11 — Screening for ADR
Rule 12 — Suits to Be Begun by Originating Motion
Rule 13 — Service Outside Abia State; Cap. S6 Laws of the Federation of Nigeria, 2004
Rule 14 — Originating Process to Be Tested by Its Date
Rule 15
Rule 16 — Preliminary Objection Where Defendant Challenging Jurisdiction of Court

Order 3 — FORM AND COMMENCEMENT OF ACTION

Rule 1 — Proceedings Which Must Be Begun by Writ
Rule 2 — Mode of Beginning Civil Proceedings
Rule 3 — Leave to Enter Land in Dispute in Land Matters
Rule 4 — Application for Injunction Before Commencement of Suit
Rule 5 — Form of Writ; Civil Form 1 in Appendix
Rule 6 — Forms of Writ for Service out of Nigeria; Civil Form 2 in Appendix
Rule 7 — Proceedings Which May Be Begun by Originating Summons
Rule 8 — Suits on Construction of Enactment
Rule 9 — Discretion of the Judge
Rule 10 — Forms of Originating Summons; Civil Forms 4, 5, 6 in Appendix
Rule 11 — Screening for ADR
Rule 12 — Suits to Be Begun by Originating Motion
Rule 13 — Service Outside Abia State; Cap. S6 Laws of the Federation of Nigeria, 2004
Rule 14 — Originating Process to Be Tested by Its Date
Rule 15
Rule 16 — Preliminary Objection Where Defendant Challenging Jurisdiction of Court

Order 4 — ENDORSEMENT OF CLAIM AND OF ADDRESS

Rule 1 — Endorsement
Rule 2 — Endorsement to Show Representative Capacity
Rule 3 — Probate Actions
Rule 4 — What Is Endorsed Where the Claim Is Liquidated
Rule 5 — Ordinary Account
Rule 6 — Endorsement of Address by Claimant or by Legal Practitioner
Rule 7 — Endorsement of an Address
Rule 8 — Originating Process Without an Address or with Fictitious Address

Order 5 — EFFECT OF NON-COMPLIANCE

Rule 1 — Effect of Non-Compliance with Rules
Rule 2 — What Court Can Do
Rule 3 — Application to Set Aside for Irregularity
Rule 4 — Form of Motion
Rule 5 — Over-All Effect of Non-Compliance with Rules

Order 6 — ISSUE OF ORIGINATING PROCESS

Rule 1 — Preparing Originating Process
Rule 2 — Signing, Stamping Process
Rule 3 — What Is to Be Done After Sealing
Rule 4 — Copies to Be Served
Rule 5 — Probate Actions: Affidavit with Originating Process
Rule 6 — Renewal of Originating Process; Civil Form 7 in Appendix
Rule 7 — Loss of Originating Process
Rule 8 — Concurrent Originating Process
Rule 9 — Concurrent Originating Process for Service Within and Out of Jurisdiction

Order 7 — SERVICE OF PROCESS

Rule 1 — By Whom Service Is to Be Effected
Rule 2 — Service of Originating Process Etc., How Effected
Rule 3 — When Originating Process Need Not Be Served Personally
Rule 4 — Mode of Service When Not Personal
Rule 5 — Substituted Service
Rule 6 — Service on Civil Servants
Rule 7 — Service on Corporation or Company
Rule 8 — Service on Partners
Rule 9 — Service on Local Government
Rule 10 — Service on Statutory Corporation
Rule 11 — Service Where Rules 9 and 10 Apply
Rule 12 — Service on Foreign Corporation or Company
Rule 13 — Where Defendant Resides Out of but Carries On Business Within the Jurisdiction
Rule 14 — Service on Board Ship
Rule 15 — Service on Prisoners or Lunatics in Asylum
Rule 16 — Service on Infants
Rule 17 — Service on Lunatics and Persons Under Legal Disability
Rule 18 — Agreement as to Service
Rule 19 — Where Violence Threatened
Rule 20 — Proof of Service Generally
Rule 21 — Expenses of Service
Rule 22 — Time of Service
Rule 23 — Recording of Service

Order 8 — SERVICE OUT OF NIGERIA AND SERVICE OF FOREIGN PROCESS

Rule 1 — Cases Where Service of Originating Process, Etc. Are Allowed Out of Nigeria
Rule 2 — Agreement as to Service
Rule 3 — Service Abroad by Letter of Request
Rule 4 — Where Leave Is Granted or Not Required
Rule 5 — Service of Foreign Processes
Rule 6 — Inapplicability of Rule 4
Rule 7 — Service on Behalf of Foreign Tribunals
Rule 8 — Substituted Service of Foreign Process

Order 9 — APPEARANCE AND DEFENCE

Rule 1 — Mode of Entry of Appearance
Rule 2 — Defendant Appearing in Person or Represented by Legal Practitioner
Rule 3 — Fictitious Address
Rule 4 — Defendants Appearing Through Same Legal Practitioner
Rule 5 — Late Appearance
Rule 6 — Intervener in Probate Matters
Rule 7 — Person Under Legal Disability Appearing
Rule 8 — Recovery of Land
Rule 9 — Landlord Appearing
Rule 10 — Tenant

Order 10 — DEFAULT OF APPEARANCE

Rule 1 — Default of Appearance of Person Under Legal Disability
Rule 2 — Default of Appearance Generally
Rule 3 — Liquidated Demand
Rule 4 — Liquidated Demand: Several Defendants
Rule 5 — Judgment in Default of Appearance
Rule 6 — Several Defendants
Rule 7 — Detention of Goods, Damages and Liquidated Demand
Rule 8 — Recovery of Land
Rule 9 — Mesne Profits
Rule 10 — Judgment for Costs: Upon Payment, Satisfaction, Etc.
Rule 11 — Setting Aside Judgment
Rule 12 — Default of Appearance in Actions Not Otherwise Specifically Provided For
Rule 13 — Compulsory Service

Order 11 — SUMMARY JUDGMENT

Rule 1 — Application
Rule 2 — Where Claimant Believes There Is No Defence
Rule 3 — Delivery of Extra Copies
Rule 4 — Service
Rule 5 — Filing of Brief of Arguments
Rule 6 — Where Defendant Has No Good Defence
Rule 7 — Where Defendant Has a Good Defence
Rule 8 — Filing of Claimant's Statement of Claim
Rule 9 — Filing of Defendant's Statement of Defence
Rule 10 — Where Defendant Admits or Has Defence to Part of Claim
Rule 11 — Where There Are Several Defendants

Order 12 — APPLICATION FOR ACCOUNT

Rule 1 — Order for Account
Rule 2 — Application How Made
Rule 3 — Account May Be Taken by a Judge or Referee

Order 13 — PARTIES GENERALLY

Rule 1 — Person Claiming Jointly or Severally
Rule 2 — Action in Name of Wrong Claimant
Rule 3 — Misjoinder and Counter-Claim
Rule 4 — Any Person May Be Joined as Defendant
Rule 5 — Action in Name of Wrong Defendant
Rule 6 — Defendant Need Not Be Interested in All the Reliefs Sought
Rule 7 — Joinder of Persons Severally or Jointly and Severally Liable
Rule 8 — Claimant in Doubt as to Persons from Whom Redress Is to Be Sought
Rule 9 — Person Under Legal Disability and Objection to Appointment as Guardian
Rule 10 — Trustees, Executors Etc., May Be Sued as Representing the Estate
Rule 11 — Numerous Persons
Rule 12 — Representation of Persons or Classes of Persons in Certain Proceedings
Rule 13 — Power to Approve Compromise
Rule 14 — Where There Is No Personal Representative
Rule 15 — Proceedings Not Defeated by Misjoinder or Non-Joinder
Rule 16 — Application to Add or Strike Out a Party
Rule 17 — Where Defendant Is Added
Rule 18 — Third Parties May Be Joined by Any of the Parties
Rule 19 — Appearance by Third Party
Rule 20 — Default by Third Party
Rule 21 — Actions by and Against Firms
Rule 22 — Subsequent Third Party
Rule 23 — Disclosure of Partners' Names
Rule 24 — Appearance of Partners
Rule 25 — Persons Trading Under Business Name
Rule 26 — Action Not Abated Where Cause of Action Survives
Rule 27 — Order to Carry On Proceedings
Rule 28 — In Case of Assignment, Creation or Devolution of Estate or Title
Rule 29 — Application to Discharge Order by Person Under Disability Having a Guardian
Rule 30 — By Persons Under Disability Having No Guardian
Rule 31 — Acts May Be Done by Person, or Legal Practitioner or Agents

Order 14 — JOINDER OF CAUSES OF ACTION

Rule 1 — All Causes of Action May Be Joined
Rule 2 — Recovery of Land
Rule 3 — Defendant Sues or Is Sued as Executor or Administrator
Rule 4 — Claims by Joint Claimants

No Forms have been added yet.

Repealed

Abia State High Court (Civil Procedure) Rules 2014

Jurisdiction State

State Abia

Court High Court of Abia State

Year 2014

Commencement 24 July 2014

Orders 15

Rules 164

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