Order 66 — Fees and Allowances
Rule 1
Subject to the provisions of any written law and of the foregoing Orders:-
(a) The fees set out in the 1st Schedule to these Rules shall be charged in respect of the matters which they are respectively assigned and shall be paid to the court.
(b) The witness’ allowances set out in the 2nd Schedule to these Rules shall be charged and shall be paid to the court in respect of witnesses to be subpoenaed.
Rule 2
No fee shall be payable in respect of any matter where such fee would be payable by the Government of the Federation or of a State or a Local Government or any Government Department: Provided that when any person is ordered to pay the costs of Government of the Federation or of a State or a Local Government or any Government Department in any case, all fees which would have been payable but for the provisions of this Rule, shall be taken as having been paid and shall be recoverable from such person.
Rule 3
Subject to Rule 2 of this Order, no process shall, except by special order of court, be issued until:-
(a) all fees payable thereon as provided shall have been paid, and
(b) an account thereof, initialed as received, shall have been set forth by the officer issuing the process both in the margin and in the counterfoil thereof.
Rule 4 Fees to be carried to account on process being signed
All such fees shall be carried to account immediately the process is issued.
Rule 5 Documents to be indorsed with amount of fees and number of receipt
Every document, for or in respect of which any fee or fees shall have been paid, shall bear an endorsement initialed by the Registrar or other officer showing the amount of the fee so paid and the number of the receipt referring to the payment.
Provided that when any form of process specifies the fees thereof, it shall be sufficient for the Registrar or other officer to initial the amount of such fees appearing thereon, and to quote the number of the receipt.
Rule 6 Counterfoil receipt to be produced or Signature
Every Registrar or other officer submitting any writ of summons or other process for signature by a Judge shall, at the same time, produce the stamp of the receipt given for the fees paid in respect of such process.
Rule 7 No document to be used unless fees paid
Subject to Rule 2 of this Order, no document in respect of which a fee is payable shall be used in any legal proceeding, unless it shall have been initialed as aforesaid by the Registrar or other officer or unless the Court shall be otherwise satisfied that the proper fees in respect thereof have been paid.