Order 58 — Proceedings Under the Legitimacy Law

In this Order “Petitioner” means a person applying for a legitimacy declaration, and “Petition” has a corresponding meaning.

The practice and rules of the Court shall, so far as practicable, govern all proceedings under the Legitimacy Law, subject nevertheless to the particular provisions of this Order.

(1) A petition shall be headed “In the matter of the Legitimacy Law”, and “In the matter of (the person to be declared legitimated)” and shall be according to the prescribed form, with such variations and additions as the circumstances may require, and shall state among other matters:-

(a) the place and date of the marriage concerned;

(b) the status and residence of each of the parents and the occupation and domicile of the father of the person whose legitimacy the Court is asked to declare:-

(i) at the date of the person’s birth, and

(ii) at the date of the marriage;

(c) whether there are other living issues of the parents of such person as aforesaid and the respective names and dates of birth of all such issues;

(d) the person, if any, affected by the legitimation of such person as aforesaid and the value so far as is known of the property, if any, thereby involved;

(e) whether any and if so what previous proceedings under the Legitimacy Law, or otherwise with reference to the paternity of such person as aforesaid, or the validity of the marriage leading to the person’s legitimation have been taken in any Court;

(f) that there is no collusion.

(2) A petition shall also include an undertaking by the Petitioner, if not an infant or person of unsound mind, to pay the costs of the Respondents if the Court shall so direct.

(3) If the Petitioner is an infant or person of unsound mind, the petition shall be made by a next friend or guardian ad litem and the full names, occupation or description, and residence or place of business, of the next friend or guardian ad litem shall be stated in the petition, and there shall be lodged by the next friend or guardian ad litem with the petition an undertaking to be responsible for costs.

If the Petitioner does not reside in the State, the petition shall state an address within the State at which the Petitioner may be served with any summons, notice, order of court or other process.

Where it appears on the presentation of a petition that the Petitioner does not reside in the state, the petition shall not be filed until security for costs, by deposit of money or otherwise, has been given to the satisfaction of the Registrar.

Provided that where the petition is filed through a Legal Practitioner, an undertaking by him in the prescribed Form with such modifications or variations as the circumstances may require.

The Respondents to a petition shall be the Attorney-General of the State and all persons whose interests may be affected by the legitimacy declaration asked for, and the Court may, at any time, direct any person not made a Respondent to be made Respondent and to be served with the petition and affidavit, and may adjourn the hearing of the petition for that purpose on such terms as to costs or otherwise as may be just.

The petition shall be accompanied by an affidavit made by the Petitioner, or by the next friend or guardian ad litem, if any, verifying the facts alleged in the petition, and the affidavit shall be filed with the petition.

(1) There shall be filed with the petition as many copies of the petition and the affidavit as there are Respondents to be served and also two copies for the use of the Court.

(2) There shall be filed along with the petition every birth, death or marriage certificate intended to be relied upon at the hearing of the petition.

(1) A copy of the petition and a copy of the affidavit shall be delivered or sent by registered post or by such other means provided by the Rules of Court or Practice Direction or as may be directed by the Court, by the petitioner to the Attorney-General’s Chambers.

(2) Any document or notice addressed to the Attorney-General shall be addressed to the Attorney-General’s Chambers, Ministry of Justice, Kaduna State.

(1) A sealed copy of the petition and affidavit shall, unless the Court otherwise directs, be served personally on every Respondent, other than the Attorney-General, by a bailiff or other officer of the Court at least 14 days before the date fixed for hearing of the petition, and the petition and every copy to be served on a Respondent, other than the Attorney-General, shall be endorsed with a notice in the prescribed form.

(2) At least 14 days’ notice, or such shorter period as the Court may direct, of the day the petition will first be heard shall be given by the Registrar to the Attorney-General.

(1) A Respondent may, within 21 days after service of the petition upon that Respondent, file an answer to the petition.

(2) Every answer which contains matters other than a simple denial of the facts stated in the petition shall be accompanied by an affidavit made by the Respondent verifying such other matter.

(3) There shall be filed with the answer as many copies of the answer and the affidavit, if any, as there are other parties to be served and also two copies for the use of the Court.

(4) The Registrar shall, within 48 hours of receiving the answer and the affidavit, send by registered post or by such other means provided by the Rules of Court or Practice Direction or as may be directed by the Court, one sealed copy of the answer and the affidavit, if any, to the Petitioner, the Attorney-General and any other Respondent.

Evidence on the hearing of the petition shall be given orally:

Provided that the Court or a Judge in chambers may, on application made before or at the hearing, for good cause shown, direct that any particular fact or facts alleged in the petition or answer may be proved by affidavit.

The Court may make such orders as to costs as it shall think just.

A copy of the order made on the hearing of a petition sealed with the seal of the Court shall be supplied by the Registrar to any party to the proceedings on payment of the prescribed fee.