Order 48 β€” Computation of Time

Rule 1 Computation of time.

Where, by any law or order made by a Judge, a time is appointed or limited for the doing of any act, the period shall be reckoned:

(a) as excluding the day on which the order is made or on which the event occurs;

(b) where the last day of the period is a holiday, the time shall continue until the end of the next day following which is not a public holiday; and

(c) where the act is required to be done within a period which does not exceed (6) days, holidays shall be left out in computing the period.

Rule 2 Holiday.

In this order “holiday” means a day, which is a Sunday or a public holiday as declared by the Federal Government.

Rule 3 Time of service.

(1) A pleading, summons, motion, order, originating process, document and any other process shall be served before 6.00am or after 6.00pm and service effected after 6.00 pm shall be deemed to have been effected the following day provided that service effected after 6.00pm on Saturday shall be deemed to have been effected on the following Monday.

(2) Any service before 6.00am shall for the purposes of these Rules be deemed defective service.

Rule 4 Court may extend time.

The Judge may, as often as he deems fit and either before or after the expiration of the time appointed by these Rules or by any judgment or order of the Court, extend or adjourn the time for doing any act or taking any proceeding:

Provided that any party who defaults in performing an act within the time authorized by the Judge or under these Rules shall pay to the Court an additional fee as contained in Appendix 2 to these Rules for each day of such default.

Rule 5 No enlargement of time by consent of parties.

Parties cannot consent to enlarge any of the times fixed by the provisions of these Rules for taking any step, filing any document, or giving any notice.

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