Order 1 — Citation and Interpretation

These Rules may be cited as the Akwa Ibom State High Court (Civil Procedure) Rules, 2023 and shall come into force on the 1st day of December, 2023.

(1) These Rules shall be interpreted in accordance with the Interpretation Laws for the time being in force in Akwa Ibom State.

(2) In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:

“ADR” means Alternative Dispute Resolution;

“Claimant” means a person who makes a claim in a Court and shall include a person who Counterclaims;

“Court” means the High Court of Akwa Ibom State;

“Court Process” or “Processes” include Writ of Summons, Originating Summons, Originating Processes, Notices, Petitions, Pleadings, Orders, Motions, Summonses, Warrants and all documents or written communication of which service is required;

“Decision” means any decision of a Court and includes judgement, ruling, decree, order, conviction, sentence or recommendation;

“Defendant” means a person against whom a claim is brought in Court and shall include a Defendant to a Counterclaim;

“Guardian” means any person who has for the time being, the charge of or control over a person under legal disability and includes a person appointed to institute or defend an action on behalf of any person under legal disability;

“Law” means the High Court Law of Akwa Ibom State or any re-enactment thereof;

“Legal Practitioner” means a Legal Practitioner or Counsel within the meaning of the Legal Practitioners Act;

“Minor” means a person who has not attained the age of eighteen years;

“Originating Process” means any Court Process by which a suit is initiated;

“Otherwise than in Court” means the physical location of the Judge at the material time and includes but is not limited to the Chambers;

“Persons Under Legal Disability” means persons who lack capacity to institute or defend any proceedings by reason of age, insanity, unsoundness of mind or otherwise;

“Plaintiff” means a person who brings an action in Court and includes a Claimant;

“Probate Action” means an action for the grant of Probate of the Will, Letters of Administration of the estate of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged Will, and all other incidental matters;

“Public Holiday” means a day which is a Saturday, Sunday or a day declared as a public holiday;

“Referee” means any person who has been appointed by the Court to determine any matter or question or issue of fact in a suit;

“Registrar” means the Chief Registrar, Deputy Chief Registrar, Assistant Chief Registrar, Principal Registrar, Senior Registrar, Higher Registrar or any other officer of the Court acting or performing the functions of a Registrar;

“Registry” means the Registry of the High Court of the State in the appropriate Judicial Division;

“Statement of Case” means the summary of the case of the parties contained in the pleadings; and

“Taxing Officer” means the Chief Registrar or such other officer of the Court as the Chief Judge may appoint to tax costs.