Order 4 — Form and Commencement of Proceedings

(1) Civil proceedings may be commenced by:

(a) Writ of Summons;
(b) Originating Summons;
(c) Originating Motion;
(d) Petition; or
(e) Judicial Review.

(2) A Court document used in commencing proceedings, including Writ of Summons, Originating Summons, Originating Motions, Petitions and Judicial Review, is known as Claim Form.

(3) Proceedings shall commence when the Court issues a Claim Form at the request of the Claimant.

(4) A Claim Form is issued on the date and time entered on the Form by the Court.

(5) Every Court Process shall bear on it a date and time of issue.

Subject to the provisions of these Rules or any applicable law requiring any proceedings to be commenced by Originating Summons, Originating Motion, Petition or Judicial Review, a Writ of Summons shall be the form of commencing all proceedings:

(a) where a Plaintiff or Claimant claims:
(i) any relief or remedy for any civil wrong; or
(ii) damages for breach of duty, whether contractual, statutory or otherwise; or
(iii) damages for personal injuries to or wrongful death of any person or in respect of damage or injury to any person or property;
(b) where the claim is based on or includes an allegation of fraud; or
(c) the claim includes a declaration.

(1) Proceedings commenced by Writ of Summons shall be accompanied by:

(a) Statement of Claim;
(b) List of witnesses to be called at the trial;
(c) Written Statements on Oath of the witnesses; and
(d) Copies of every document to be relied upon at the trial.

(2) Where a Claimant fails to comply with Rule 3 (1) of this Rule, his Originating Process shall not be accepted for filing by the Registrar.

(3) Form of Writ. Civil Form 1. A Writ of Summons shall be as in Form 1 with such modifications or variations as circumstances may require.

(4) Form of Writ for service out of Nigeria. Civil Form 2. A Writ of Summons to be served out of Nigeria shall be as in Form 2 with such modifications or variations as circumstances may require.

(1) Any person claiming to be interested under a Deed, Will, Enactment or other written instrument, may apply by Originating Summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the persons interested.

(2) Any person claiming any legal or equitable right in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of an enactment, may apply by Originating Summons for the determination of such question of construction and for a declaration as to the right claimed: Provided that a Judge shall not be bound to determine any such question of construction if in his opinion, it ought not to be determined on Originating Summons but may make any such Orders as he deems fit.

(3) Forms of Originating Summons. Civil Forms 3, 4, 5.
(i) An Originating Summons shall be as in Forms 3, 4 or 5 of these Rules, with such variations as circumstances may require. It shall be prepared by the Applicant or his Legal Practitioner and shall be signed, stamped and filed in the Registry and when so signed, stamped and filed, shall be deemed to be issued.
(ii) An Originating Summons shall be accompanied by:
(a) an affidavit setting out the facts relied upon;
(b) all the documentary exhibits to be relied upon; and
(c) a Written Address in support of the application.

(4) The person filing the Originating Summons shall leave at the Registry sufficient number of copies thereof together with the documents in sub-rules 1 and 2 of this Rule for service on the Defendant or Defendants.

(5) A Defendant to an Originating Summons shall file a Counter Affidavit together with all the exhibits he intends to rely upon and a Written Address within twenty-one days after service of the Originating Summons.

Proceedings shall only be commenced by Originating Motion, Petition or Judicial Review where these Rules or any other applicable law requires or authorises that they shall be commenced by Originating Motion, Petition or Judicial Review.

(1) The Registrar shall indicate the date and time of presentation for filing of every Process presented to him and shall arrange for service thereof to be effected.

(2) A Process shall not be altered after it is signed and stamped except upon leave granted by a Judge.