Order 9 — APPEARANCE AND DEFENCE

(1) A defendant served with an originating process shall, within 42 days of the service of the Originating Process and the accompanying documents on him, file in the registry:

(a) duly completed and signed memorandum of appearance as in Form 11A, with such modifications or variations as the circumstances may require;

(b) the Statement of Defence, accompanied by documents listed in Order 3, Rule 2(1)(b)-(e).

(2) On receipt of the Memorandum of Appearance, the Registrar shall make entry thereof and stamp all the copies thereof to be served on the Claimant or the Claimant’s Legal Practitioner.

(1) A Defendant, if a natural person, may appear in person and shall state in the Memorandum of Appearance, an address for service, which shall be within Abia State.

(2) Where a Defendant appears by a Legal Practitioner, the Legal Practitioner shall state in the Memorandum of Appearance his place of business and an address for service, which shall be within Abia State, and where any such Legal Practitioner is only the agent of another Legal Practitioner he shall also insert the name and place of business of the principal Legal Practitioner.

The Registrar shall not accept any memorandum of appearance, which does not contain an address for service. If any such address is illusory, fictitious or misleading, the appearance may be set aside by a Judge on the application of a claimant.

If two or more defendants in the same action appear through the same Legal Practitioner, the memorandum of appearance shall include the names of all defendants so appearing.

If a defendant files an appearance after the time prescribed in the originating process, he shall pay to the court an additional fee of N50.00 (Fifty naira) for each day of default. If the defendant appears late but within the time prescribed for filing his defence, he shall file his defence within that time.

In probate matters any person not named in the originating process may intervene and appear in the matter, on filing an affidavit showing his interest in the estate of the deceased.

A person under legal disability shall enter an appearance by his guardian.

Any person not named as a defendant in an originating process for recovery of land may with leave of a Judge appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or through his tenant.

Any person appearing to defend an action for the recovery of land as landlord, in respect of property of which he is in possession only through his tenant, shall state in his appearance that he appears as landlord.

In this order the word “Tenant” includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise.