Order 46 β€” Court Sitting and Vacation

Rule 1 Days of sitting.

A Court may at its discretion, appoint any day and place from time to time for the hearing of an action as circumstances require.

Rule 2 Public or private sittings of court.

The sitting of a Court for the hearing and determination of the rights and obligations of the parties shall be public, but subject to the provisions of the Constitution of the Federal Republic of Nigeria, the Court may, for special reasons, hear any particular action in the presence only of the parties, with their legal practitioners, if any, and the officers of the Court.

Rule 3 Office hours.

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

Rule 4 Days of sitting: long vacation.

Subject to the directions of the Chief Judge, the sitting of the Court for the dispatch of a civil matter will be held on every week day except:

(a) on any public holiday;

(b) during the week commencing with Easter Monday;

(c) during the period commencing on 23rd December and ending on the 5th January next following;

(d) during the long vacation, that is the period commencing from any day in July and ending on a date not less than 6 weeks later ending on a Friday as the Chief Judge may by notification in the Gazette appoint.

Rule 5 Vacation Courts.

(1) Despite the provisions of rule 4 of this order, an action may be heard by a Judge in Court during any of the periods mentioned in rule 4 (b) or (c) (d) of this order or on a Sunday or public holiday, where the action is urgent or a Judge, at the request of the parties concerned, agrees to hear the action.

(2) An application for urgent hearing shall be made by summons in chamber.

Rule 6 Vacation not reckoned in computing time for pleadings, etc.

The time for filing and service of a pleading as well as delivery of a ruling and Judgement shall not run during the long vacation, Christmas or Easter vacations or on any public holiday declared by the Federal Government unless otherwise directed by the Chief Judge.

Rule 7 Chambers.

Business shall not be transacted in chambers on Sundays and public holidays.

Rule 8 Vacation Judges.

(1) The Chief Judge may assign one or more Judges to be vacation Judges to hear and determine any urgent cause or matter or application during the vacation period.

(2) Notwithstanding the provisions of sub-rule (1) of this rule, the Chief Judge may hear and determine or assign any other Judge not being a vacation Judge to hear and determine any urgent cause or matter in any judicial division.

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