Order 59 — Legitimacy Proceedings
Rule 1 Definition
In this Order, “Petitioner” means a person applying for a legitimacy declaration and a “Petition” has a corresponding meaning.
Rule 2 Practice and Rules of the Court
The Practice and Rules of the Court shall so far as possible govern all proceedings under the Legitimacy Law, if any, subject nevertheless to the particular provisions of this Order.
Rule 3 Matters to be stated
(1) A Petition shall:
(a) be headed “In the matter of the Legitimacy Law” and “In the matter of (the persons to be declared legitimated)”;
(b) shall be in the prescribed Form, with such variations, modifications, and additions as the circumstances may require, and
(c) shall state among other matters:
(i) the place and date of the marriage concerned;
(ii) the status and residence of each of the parents and the occupation and domicil of the father of the person whose legitimacy the Court is asked to declare:
(a) at the date of his birth, and
(b) at the date of the marriage;
(iii) whether there are living other issues of the parents of such person as aforesaid and the respective names and dates of birth of all such issues;
(iv) 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;
(v) 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 his legitimation have been taken in any Court; and
(vi) that there is no collusion.
(2) A Petition shall also include an undertaking by the Petitioner, if not an infant or person under legal disability, to pay the costs of the Respondents if the Court so directs.
(3) Where the Petitioner is an infant or person under legal disability, he shall petition by a next friend or guardian and the full names, occupation or description, and residence or place of business of the next friend or guardian shall be stated in the Petition and there shall be lodged by him with the Petition an undertaking to be responsible for costs.
Rule 4 Petitioner resident outside the State
Where 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 processes.
Rule 5 Security for costs by Petitioner resident outside the State
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 cost, 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 a form to be approved by the Registrar to be responsible for the costs shall be sufficient.
Rule 6 Persons to be Respondents
The Respondents to a Petition shall be the Attorney-General of the State and all persons whose interest may be affected by the legitimacy declaration asked for, and the Court may at any time direct any persons not made Respondents to be made Respondents 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.
Rule 7 Affidavit of verification by Petitioner
The Petition shall be accompanied by an affidavit made by the Petitioner, or by his next friend or guardian, if any, verifying the facts of which he has personal knowledge, and deposing as to his belief in the truth of the other facts alleged in the Petition, and the affidavit shall be filed with the Petition.
Rule 8 Copies of petition to be filed
(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 two copies for the use of the Court.
(2) There shall be lodged with the Petition every birth, death or marriage certificate intended to be relied upon at the hearing.
Rule 9 Copies of papers to be sent to Attorney-General
(1) A copy of the Petition and a copy of the affidavit shall be delivered or sent by registered post by the Petitioner to the Attorney-General at least two months before the Petition is presented or filed.
(2) Any document or notice addressed to the Attorney-General shall be addressed to him at the Attorney-General’s Chambers, Ministry of Justice, Uyo.
Rule 10 Personal service on the Respondents
A sealed copy of the Petition and the affidavit shall unless the Court otherwise directs, be served personally on every Respondent except the Attorney General at least thirty days before the hearing.
Rule 11 Filing of Answers
(1) A Respondent may within twenty-eight days after service of the Petition upon him file an answer to the Petition.
(2) Every Answer which contains matters other than a simple denial of facts stated in the Petition shall be accompanied by an affidavit made by the Respondent verifying such other matters as far as he has personal knowledge thereof, and deposing to his belief in the truth of the rest of 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 forty-eight hours of receiving them send by post one sealed copy of the Answer and the affidavit, if any, to the Petitioner, the Attorney-General and any other Respondents.
Rule 12 Evidence
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.
Rule 13 Costs
The Court may make such Orders as to costs as it thinks just.
Rule 14 Copy of Order to be supplied
A copy of the Order made on the hearing of a Petition sealed with a seal of the Court shall be supplied by the Registrar to any party to the proceedings on payment of the prescribed fee.