Order 46 — Miscellaneous Provisions Court Sittings and Vacation

Subject to the provisions of any Law, the Judge may appoint any day or days and any place or places from time to time for the hearing of causes or matters as circumstances require.

The sittings of the Judge for the hearing of causes or matters shall ordinarily be in public, but, subject to the provisions of the Constitution of the Federal Republic of Nigeria, the Judge may, for special reasons, hear any particular cause or matter in the presence only of the parties, with their Legal Practitioners if any, and the officers of Court.

The several offices of the Court shall be open at such times as the Chief Judge shall direct.

(1) Subject to the directions of the Chief Judge, sittings of the High Court for the despatch of civil causes or matters shall be held on every week day except:

(a) on any public holiday;

(b) during the week beginning with Easter Monday;

(c) during the period beginning on 20th December of a given year and ending on 6th January next following;

(d) during the period beginning on Eid-el-Fitr or Eid-el-Kabir eve and ending five days after.

(e) the period designated as settlement week under Order 20 Rule 8 of these Rules.

(2) There shall be an annual vacation of the Court to commence on such date in July and of such duration, not less than six weeks, as the Chief Judge may appoint.

(1) Notwithstanding the provisions of Rule 4 of this Order, any cause or matter may be heard by a Judge during any of the periods mentioned in paragraphs (b), (c) or (d) of Rule 4 of this Order (except on a Sunday or public holiday);

(a) where such cause or matter is urgent; or

(b) a Judge, at the request of all the parties concerned, agrees to hear a cause or matter.

(2) An application for an urgent hearing under sub-rule 1(a) of this Rule shall be made by motion ex-parte and the decision of the Judge on such an application shall be final.

The time for filing and service of pleadings shall not run during the annual vacation of the Court, unless otherwise directed by the Judge.

All fines, forfeitures, pecuniary penalties and costs ordered to be paid may be levied by distress, seizure and sale of the movable and immovable property of the person making default in payment.

When the publication of any notice is required, the same may be made by advertisement in the Gazette, unless otherwise provided in any particular case by any Rule of Court or otherwise ordered by the Judge.

A document shall not be filed, unless it has indorsed on it the name and number of the cause, the date of filing and whether filed by Plaintiff or Defendant; and, on being filed, such indorsement shall be initialled by the Registrar and recorded in the Process Register.

All warrants and orders, of whatever description, shall be sufficiently addressed for execution by being directed to the Sheriff; but this provision shall not prevent any order or warrant from being addressed to a person by name or to a person named and to officers of Court generally or to a Local Government Authority.

Where a matter arises in respect of which no provision or adequate provision is made by these Rules or by any other written law, the Court shall adopt such procedure as will, in its view, do substantial justice between the parties concerned, and the Court may make any order which it considers necessary for doing justice in the circumstances.

All parties to any proceeding before the Court shall file legible processes, which shall be printed on A4 white opaque paper of good quality.

The Registrar shall not accept any process that is not legible and printed on A4 white opaque paper of good quality.