1. The Committee resolved to adopt the
fundamental objectives in the Model Civil Procedure rules recommended for
adoption by High Courts in Nigeria as its Order 1. These,the Committee agreed
should be the overriding objectives of the rules as they capturethe essence of
the proposed rules.
2. The Committee also agreed that Order 1 of
the 2010 Rules should now be order 2.
3. ORDER 1 (N0W ORDER 2) APPlication and
interpretation
amendMENT:
(a) Rule 1 (1) Commencement date – yet to be
fixed.
(b) Rule 1 (2) It should now be “The Bayelsa
State High Court Rules 2010 are hereby repealed”.
(c) In Rule 2 (2), the words “Deposition and”
and depositions or” are deleted. The amendment is to save defective witness
depositions, which unlike affidavit proper, can be regularized by the witness’
oath in the open court.
(d) ADR: The definition in the Model Civil
Procedure Rules is adopted.
(c) Address: Amended to read: “Means address
for service”. This definition is adopted from the Model Civil Procedure Rules.
(d) Registrar: The definition in the 2010 High
Court Rules is retained.
(e) Child: The
definition in the Model Civil Procedure Rules adopted.
(f) Claimant: The
definition in the Model Civil Procedure Rules is adopted.
(e) ‘Address for Service’ is expanded to read:
“Address for Service, which shall include a person’s name, law firm (if a Legal
Practitioner) physical address, Email address and telephone number(s)”.
(f) Court: “Means High Court of Bayelsa State
and includes Judge and may include the Chief Registrar and Deputy Chief
Registrar”.
(g) Court Process or process – The definition
in the High Court Rules 2010 is retained.
(h) Default Judgment: The definition in the Model
Civil Procedure Rules is adopted.
(i) Decision: The definition in the Model
Civil Procedure Rules is adopted.
(j) Defendant: The definition in the Model
Civil Procedure Rules is adopted.
(k) Document: The
definition in the Model Civil Procedure Rules is adopted.
(l) Electronic Service: The definition in the
Model Civil Procedure Rules is adopted.
(m) Guardian: The definition in the High Court
Rules 2010 is retained.
(n) Law: The definition in the High Court Rules
2010 is retained.
(o) Party: The definition in the Model Civil
Procedure Rules is adopted.
(p) Registry: The definition in the High Court
Rules is retained.
(q) Taxing Officer: The definition in the High
Court Rules is retained.
The other provisions not mentioned in
this Order remain the same. The amendments done to the Order are to bring the Rules
in line with the modern trend and to achieve quick dispensation of justice.
ORDER
2 (PLACE OF INSTITUTING AND TRIAL OF SUITS)
It shall be Order 3 in the amended
rules.
It is adopted wholesale.
4. Order 3 (FORM AND COMMENCEMENT OF
ACTION)
It shall be Order 4 in the amended
rules.
Amendments
(a) Rule 2 (1) (c)
is amended to read ‘written statements of witnesses’. This is because, unlike
an affidavit, a witness statement does not become evidence until the maker has
adopted it after being sworn before a judge. Thus, the initial oath, which
makes it ‘a statement on oath’ is superfluous as it serves no purpose in the
proceedings before the Court. Moreover, the amendment makes room for the filing
of cases online as lawyers would not need to take the witnesses and their
statements before the Commissioner for Oathbefore they are considered valid for
filing.
(b) Rule 9 is amended by substituting the words
“Registrar of court” with the words “Legal Practitioner of the Claimant”. The
reason is because it will be more convenient and tidier for Counsel who
prepares to Writ to include the endorsement as part of the Writ than the
Registrar of Court who attends to it only at the Registry.
ORDER
4 (ENDORSEMENT OF CLAIM AND OF ADDRESS)
It shall be Order 5 in the amended
rules.
(b) Amendment
The only amendment done to this Order
relates to Rule 6(2) where the Legal Practitioner’s chambers address as the
address for service is expanded to include telephone number(s) and email
address. Where a Legal Practitioner based outside jurisdiction is relying on a
chambers address within jurisdiction as his address for service, he shall, in
addition to stating his telephone number(s) and email address, state the
physical address of the chambers within jurisdiction.
5. Order 5 (effect of non compliance)
This Order
shall be Order 6 in the amended rules.
Rules 1 and 2
of Order 5 of the High Court of Lagos State Rules are adopted wholesale. They
re-emphasize the importance of frontloading as one of the corner stones of the
reform meant to solve the problem of delay in the administration of justice.
6. Order 6 – Issue of Originating Process
This shall be Order 7 in the amended
rules.
Amendment
(a) Rule 6 is amended by reducing the initial
lifespan of the Writ to 90 days.
(b) Rule 7 is amended to read: “No originating
process shall be in force for longer than the initial 90 days and another 60
days from the date of renewal”
The purpose is to achieve speedy
dispensation of justice.
7. order7 - service of processes
It shall be Order 8 in the amended
rules.
Amendment
(a) Rule 1 (1) is amended by inserting the
words: “including originating processes” between the words “processes” and
“and” in line 5.
(b) Rule 1 (3) is amended by deleting the
phrase “Where parties agree” in line.
(c) Rule 5(1) is amended by deleting the word
“legal” in line 2.
(d) Rule 12(1) is amended by the addition a
proviso as follows: “Provided that in respect of process other than originating
processes, the exhibition of an acknowledgement of service shall be
sufficient”.
(e) Rule 14 (1) is amended to:
(i) accommodate service effected on
“any day between the hours of 6 in the morning and 6 in the evening”.
(ii) to include a proviso as follows:
“Provided
that service after 6 in the evening shall be deemed proper service the next
day”.
(f) Rule 14 (2) is deleted.
Thisamendment is to take care of cases
involving parties that are usually unavailable for service because of their
schedule of duty and also to cover electronic service, which may be effected at
any time and on any day.
8. ORDER
8 (Service
out of Nigeria and service of foreign process)
It shall be Order 9 in the amended
rules.
Adopted wholesale.
9. ORDER
9 – APPEARANCE
It shall be Order 10 in the amended rules.
AMENDMENT
(a) Rules 1 – 5 are deleted. Entering of
appearance is no longer necessary as the Defendant’s time within which to file
his Statement of Defense starts to run from the date the Writ of Summons or
other origination process is served on him.
(b) Rules 6 – 10
are retained and renumbered from 1 – 5 in the amended rules.
(c) It is now
headed: “APPEARANCE IN CERTAIN CASES”
10 ORDER
10 (Default of appearance)
amendment
(a) Rule 1 of this Order is retained. It is
however moved to Order 20 as Rule 1 of that Order.
(b) Rules 2 – 13 are deleted.
This Order is
not necessary because it purports to give right to a Claimant to apply to enter
judgment in default of appearance notwithstanding that a Statement of Defense
has already been filed. Moreover, the effect of its provisions has been
adequately covered by the provisions of Order 20.
11. Order 11- (summary judgment)
amendment
(a) Rule I is amended by inserting the word
“only” before the definite article ‘the’ in line 6. This is to emphasize the
need to limit the contents of the affidavit to the grounds for the Claimant’s
belief that the Defendant has no defense to the claim in order to avoid the
repetition of all the facts already stated in the Statement of Claim.
(b) Rule 4 (d) is amended to require the
Defendant to file a counter affidavit along with the written address in reply
to the application for summary judgment. This will avoid the probable argument
by Claimant that the contents of his affidavit are admitted by the Defendant.
(c) Rule 7 is deleted because the provisions
are covered by Order 31 Rule 4 (1).
12. ORDER
12 (APPLICATION FOR ACCOUNT)
Adopted wholesale.
13. Order 13 (parties generally)
amendment
(a) Rule
20 is amend to read: “Where a party is joined to any proceeding as Third Party,
he shall within 42days file a statement of defense, the documentary exhibits he
intends to rely on at the trial, list of non documentary exhibits, the list of
his witnesses and their statements on oath”
Thisis to bring the rule in line with
the amendment doing away with the need to enter appearance.
(b) Rule 21 is amended to read: “If a Third Party
duly served with the order and all existing processes makes default in filing
the processes required in rule 20, he shall be deemed to admit the validity of and
shall be bound by any judgment given in the action, whether by consent or
otherwise”.
The reason is the same as in (a)
above.
(c)Rule 23 is amended by substitutingthe
words “within Nigeria” for
the words “within jurisdiction”.
It is more
difficult for a party suing a firm doing business outside the jurisdiction to
get the names of the partners.
(d) The amendment to Rule 23 applies to Rules
26 and 27.
(e) Rule 29 (1) is amended by inserting the
word ‘or’ in between the words ‘bankruptcy’ and ‘any’ in line 2.
Also the word “Exparte” in line 12 is
deleted and substituted with the word “Application”.
The reason is to allow the Judge to
determine the nature of application to be made.
(f) Rule 29 (3) and (4) are merged to forma
single rule, which will now be rule 29 (3). Itshall read: “Every person served,
who is not already a party to the proceedings, shall be served with the
originating and all other existing processes either personally or through his
Legal Practitioner and he shall file his processes and documents as if he had
been an original party in the proceedings”.
(g) Rule 29 (2) is retained.
14. ORDER
14 (JOINDER OF CAUSES OF ACTION)
Adopted wholesale.
15. ORDERS
15 & 16 – PLEADINGS& STATEMENT OF CLAIM
Adopted wholesale.
16. ORDER
17 (DEFENCE AND COUNTERCLAIM) Amendment
(a) Rule 8 – The Form in this Rule (Form 12)
is modified to conform with the decision to do away with the need to enter
appearance and to require the other defendants to the counter-claim to file
their defense within 42 days.
(b) Rule 9 is deleted. It is to bring the Order
in line with the decision to do away with the need to enter appearance.
(c) Rule 10 isnow retained as Rule 9.
17. ORDER
18 (REPLY).
Adopted wholesale.
18. ORDER
19 (admissions)
AMENDMENTS:
(a) In Rule 2(1)
the word “Any” is substituted for the word “Either” in line 1. This is because
the parties to a suit may be more than two.
(d) In Rule 3(1) also,
the word “Any” is substituted for the word “Either”.
(e) In Rule 3 (3),
the part preceding the word “reasonable” in line 8 is deleted. The reason is
because the Judge should direct only when the refusal to admit is reasonable.
19. ORDER
20 (DEFAULT OF PLEADINGS)
AMENDMENT:
Order 10 Rule
1 of this Rules is adoptedwith necessary modifications as Order 20 Rule 1.
The reason is because no provision is
made under Order 20 for a person under legal disability in respect of whom no
defense has been filed. The existing rules of the Order are now re-numbered
beginning from Rule 2.
20. ORDER
21 (PAYMENT INTO AND OUT OF COURT) AMENDMENT:
(a) In Rule 1 (1),
the word“Commercial” in line 6 is deleted.Reason is because the law on
classification of banks might change later.
(b) In Rule 2 (3),
the letter “s” is added to the word “give” in line 3.
Again in rule 2 (3), the word “sign” in
line 8 is deleted and substituted with the word “obtain”
Reason is because a party to an action
cannot sign Judgment.
21. ORDER
22 (PROCEEDINGS IN LIEU OF DEMURER)
Adopted wholesale.
22. ORDER
23 (DISCONTINUANCE).
Adopted wholesale.
23. ORDER
24 (AMENDMENT)
AMENDMENT:
Rule 2 of Order 24 of the Lagos State
Rules is substituted for our Rule 2 because the former is more explicit.
24. ORDER
25 (PRE-TRIAL CONFERENCES AND SCHEDULING)
AMENDMENT:
(a). The Heading is amended to read: “Case
management and scheduling”. It is self-explanatory and conforms with
the proposed Uniform Rules.
(b). The term“case management conference” is
substituted for the term “pre-trial conference” in all the rules.
In sub-rule 3, the time within which
to apply for Case Management Conference Notice is reduced from 14 days to 7
days. It is to provide for speedy dispensation of justice.
(c). Sub-rules (4) and (5) are deleted and
replaced with a new sub-rule 4 which reads: “If the defendant does make the
application within the time allowed under sub-rule 3, the suit stands dismissed
and no application for relistment shall be entertained, provided however, that
a dismissal under this sub-rule shall not be a bar to the filling of a fresh
action”.
The reason for deleting sub-rules(4)
and (5) is to make room for speedy trial of cases and effective case flow management.
(d). Rule 2 is amended to read “At the case management
conference the Judge may consider and take appropriate action with respect to” ----
The reason is to make room for
flexibility.
(e). Rule 3l in the Lagos State Rules
substituted for our sub-rule 3k. It now reads: “referring the matter to the
Bayelsa Multi-door Courthouse or other relevant Alternative Dispute Resolution
bodies”.
To Rule 3 of our Order 25is added that
of Lagos State sub-rule 3m which reads: “Implement any ADR order made under (k)above”.
(f). Rule 3m is amended to read: “such other
matters as may facilitate the just and speedy disposal of the action”.
The reason is
to make further roomfor speedy disposal of cases as well as encourage amicable
settlement out of court.
(g) In Rule 4, the phrase: “Unless
extended by the Judge” found at the end of the Rule is transferred to the body
of the rule.
(h) Rule 8 is deleted and replaced with
a new provision culled from the Rules in Singapore with some modification. The provision now reads:
“(a) Where a case has been referred for
ADR under rule 3k above and the party or parties have opted out of ADR for unsatisfactory
reasons, this conduct may be taken into account by the court when making
subsequent cost orders.
(b)The court in exercising its
discretion as to cost shall to the extent, if any as may be appropriate in the
circumstance, take into account the parties conduct in relation to any attempt
at resolving the cause or matter by mediation or any other ADR mechanism”.
This amendment captures the essence of
and actively promotesthe use of the ADR provision.
25. ORDER
26 (DISCOVERY AND INSPECTION)
AMENDMENT:
(a) Rule 4 is amended by deleting the phrase
“in the affidavit in answer” in lines 3 - 4. It is an error occasioned by the
shifting of the marginal note into the body of the Rule.
(b) Rule 10 (5) is amended by removing the power
of the Judge to suo motu, order a party to answer interrogatories.
The
amendment is to avoidthe possibility of a Judge descending
into the arena.
26. ORDER
27 (ISSUES, INQUIRIES, ACCOUNTS NAD REFERENCES TO REFEREES)
Adopted wholesale.
27. ORDER
28 (SPECIAL CASE)
AMENDMENT:
(a) In Rule 1 the word “decision” is
substituted for the word “opinion” in line 3.
(b) In Rule 5 (1) & (2), the term “decision”
is substituted for the term “judgment” in lines 3 and 1 & 4 respectively.
The amendment is to ensure consistency
in the use of words. Also, the Judge should not be made to give a mere opinion
as opinion is not enforceable or binding. The word “decision” covers, rulings,
judgments, orders and opinions.
28. ORDER
29 (CAUSE LIST)
AMENDMENT:
In Rule 2 (2) the word “not” is
inserted between the words “matter” and “included” in line 4.
29. ORDER
30 (PROCEEDINGS AT TRIAL)
AMENDMENT:
Rule 4 (3) is amended by enlarging the
period within which to bring an application to relist a matter struck out under
Rule 1 from 6 days to 7 days.
30. ORDER
31 (FILLING OF WRITTEN ADDRESS)
AMENDMENT:
Rule 3 is amended by deleting the word
“True” inserted in between the words “Certified” and“Copy”.
This is in consonance with the current
provision of the Evidence Act, 2011.
NOTE:
The Committee resolved that suggestion
be made to the HON. CHIEF JUDGE to make practice direction on the following:
1. Adjournment
Policy
2. Written
Final Addresses as it relates to:
(a) the format;
(b) the maximum number of pages; and
(c) the number of authorities to be
cited on each point;
31. ORDER
32 (EVIDENCE GENERALLY)
AMENDMENT:
Rule 17 is amended to specifically
refer to the provisions of Section 46 of the Evidence Act.
The Section deals with the
admissibility of evidence taken in a judicial proceedings.
Rule 23 is amended by substituting the
article “A” for the word “Any” in line 1.
32. ORDER
33 (AFFIDAVITS)
AMENDMENT:
Rule 11 is completely deleted.
The rule is
not necessary as S.110 of the Evidence Act 2011 covers the provision.
33. ORDER
34 (NON SUIT)
Adopted wholesale.
34. ORDER
35 (JUDGMENT, ENTRY OF JUDGMENT)
AMENDMENT
In Rule 5, the word “may” is
substituted for the word “shall” in line 2 and the phrase “where so stated” is
inserted between the words “done” and “there” in line 4.
The amendment is to avoid a situation
where it becomes mandatory for the Judge to state the date in all cases.
35. ORDER
36 (DRAWING UP OF ORDERS)
Adopted wholesale.
36. ORDER
37 (TRANSFER AND CONSOLIDATION)
AMENDMENT:
(a) In rule 4, the provision for transfer from
‘Magistrate Court to Magistrate Court in another Magistrate district”in lines 3
– 4 is deleted.It is provided for in Magistrates Court Law and in Order 15 of
the Magistrate Court Rules.
(b) Rule 7 (1) is amended to provide that an
application for transfer shall not operate as a stay of proceedings.
(c) Rule 7 (2) is amended to provide that the
transfer of cases is “not subject to appeal or review by any court”.
38. ORDER
38 (INTERLUCOTARY ORDERS E.T.C)
AMENDMENT:
(a) In Rule 5 (1)
the word “commercial” in line 6 is deleted.
(b) In Rule 5 (2)
the word “True” between the words“Certified” and“Copy” in line 4 is deleted.
39. OREDER
39 (MOTIONS AND OTHER APPLICATION)
(a). Rule 1(1) is amended to read: “Every motion
shall be served within 5 days of filing; where it is not served within the
stipulated period, the Judge may strike out the motion”.
The amendment
is to make service of motions within 5 days a general provision.
(b). Sub-rule 4 and its proviso after Rule 6 is
transferred to Rule 5 as
Sub-rule 2 of that Rule.
(c). In Rule 6 the word “special” in line 1 is
deleted. There is no classification of leave of court.
(d). In rule 7 the phrase “strike out” is
substituted for the word “dismiss” in line 4. A motion that has not been heard
on the merit should not be dismissed.
40. ORDER
40 (APPLICATION FOR JUDICIAL REVIEW)
AMENDMENT:
(a) Rule
1 (1)(b) is configured after Order 40 Rule1 (1) of the Lagos State Rules.
(b) In
Rule 2, the lower case letter “i’ is replaced with figure “1”.
It is a typographical error.
(c) Rule
4 (2) is replaced with Order 13, Rule 6(3). It now reads:
“A Judge may either suo motu or on
application order that the name of any person who ought to have been joined or
whose presence before the Court as a party is necessary to effectually and completely
adjudicate and settle the questions involved in the proceeding be added and
shall be served with the notice of the application.
(d) Rule
4(3) is amended to be consistent with the new provision in Rule 4 (2) by
referring to the party served as being joined.
(f) In sub-rule 6,
the phrase “except by leave of court” in line 3 is deleted. It will ensure the
Statement in Support contains all the grounds of the application.And that will
avoid delay that will be occasioned by adjournment that must be granted to the
Respondent to react to groundsnot contained in the Statement, which are argued
with the leave of court.
(g) In sub-rule 7,
“Amended Statement in Support” is substituted for “further affidavit” in line 3.
By Rule 3 (2) (ii), the grounds for the application are to be stated in the
Statement in Support.
(h) Sub-rule 8 is
amended by reducing the period for the Respondent to reply to the Applicant’s
further affidavit to “5days”.
(i) Rule 5 is
deleted because its provisions are covered by Rule 4 (2) and (3).
(j) Rule 7, which
is now Rule 6 is amended to read: “The notice of application shall be served on
all persons directly affected and where it relates to any proceedings before a
Court or Tribunal and the object of the application is either to compel the Court
or Tribunal or an officer of the Court or Tribunal to do any act in relation to
the proceedings or to quash them or any order made therein, the notice shall be
served on the Clerk or Registrar of the Court or Tribunal and where any
objection to the conduct of the person or persons constituting the Court or
Tribunal is to be made, to such person or persons”.
41. ORDER
41 (JURISDICTION OF CHIEF REGISTRAR)
(a) “I. Chief Registrar’s Certificate”
stated immediately after Rule 6 is deleted.It is a typographical error.
(b) Rule 9 in the Lagos State Rules is
substituted for our Rule 9.
42. ORDER
42 (HEBEAS CORPUS; ATACHMENT FOR CONTEMPT)
(a) Rule 6 (1) is amended by deleting the
phrase “or on any other public official” in lines 3 and 4. It is for the
provision to apply also to private jailers.
(b) In Rule 8 (1) the word “jailer is
substituted for the word “State” in line 3.
43. ORDER
43 (INTERPLEADER)
Adopted wholesale.
44. ORDER
44(COMPUTATION OF TIME)
Adopted wholesale.
45. ORDER
45 (MISCELLANEOUS PROVISIONS)
1. Rule
11 is amended to include “payable by any government department of Bayelsa
State”.
2.
Sub-rule (2) is added to Rule 11 to provide for the Hon. C.J. to waive
payment of fees by departments of other States/Federal Government.
3. Rule
12 is amended to read: “The Regulations set out in the First Schedule shall
govern the payment and disposal of fees and duties of court officials in regard
thereto”.
46. ORDERs
46 – 48
Adopted wholesale.
47. ORDER
49 (COSTS)
Rule 21 (1) is amended by substituting
the word “calculated” for the word “Cast” in line 3.
To ensure simplicity of language.
48. ORDERs
50 – 53
Adopted wholesale.
49. ORDER
54 (APPEALS)
1. Rule
21 is amended to limit the waiver of payment of fees to government officers of
Bayelsa State acting in their official capacity.
Other State Governments and the
Federal Government need to pay fees because Bayelsa State Government pays
filing fees in other States and before the Federal Courts.
2. Rule
23(4) is re-couched to read: “Where the application is refused by the Lower
Court, an application for stay of execution shall be brought within 15days of
the refusal and it shall be on notice to the opposite party”.
3. In
rule 23 (5) the word “state” is substituted for words “be in” in line 3.
4. Rule
37
Adopted
wholesale.
5. Rule
40 (5) is amended by substituting the word “may” for the word “shall” in line 1.
The
amendment is to give the Court a discretion.
6. Rule
41 (2) is amended by limiting the time for the compilation of the Record of
Appeal to 60 days from the dateof satisfaction of the conditions of appeal.
7. Rule 9 is deleted.
8. In Rule 41 (3),paragraph “d’ is added as
follows: “(d) ‘the original case file”.
This accords with the position of the
current Court of Appeal Rules.
9. Rule 51 (4), now Rule 50 (4)is amended by
deleting the phrase “the Court may direct that” in line 3. This is because the
Court need not direct as the Appellant would be in custody.
10. Rule 52 is amended to insert a sub-rule (e)
as follows: “The original case file”.
11. Rule 53(1) is amended to read: “An appellant
who intends to abandon his appeal before the transmission of the record of
appeal, may serve a written notice as in Form 3 upon the Registrar of the Lower
Court that he has abandoned his appeal”.
12. A new sub rule 3 is added as follows: “Where
the appellant intends to withdraw after the transmission of the record of appeal
he shall serve the written notice as in Form 4 upon the Registrar of the Court
and the Court shall strike out the appeal”.
NOTE: Forms 3 and 4 are forms adopted
from Forms 11 and 11A respectively of the Court of Appeal Rules.
13. Rule 55 is amended by deleting the
conjunction “and” in line 3 and replacing it with “or”
13. Rule
56 is amended as follows;
“In every appeal to which this Order
relates the presence of the appellant in court throughout the hearing of the appeal
shall not be necessary except where fresh evidence is to be adduced or he is
not represented by Legal Practitioner”.
14. Rule
57 (1) & (2) is replaced with Rule 11 (1) and (2).
15. Rule
49 is deleted and the rules are re-numbered.
16. The marginal note of Rule 58 is amended to read
“Appeal limited to grounds of appeal”.
17. Rule
59 is deleted and replaced with rules 19 and 20.
18. Rule
62 is amended to read: “public officer of the Government of Bayelsa State”.
19. Rule
63 is amended to read: “In addition to Criminal Forms 1 – 4 Forms as may be
prescribed for criminal appeals by any law”---.
50. ORDER
55 (STAY OF EXECUTION PENDING APPEAL)
Adopted wholesale
51. ORDER
56 (PROBATE NAD ADMINISTRATION
1. Order 56 Rule 1 (2) should be preserved even
though not in Lagos State Rules.
2. The rest of the Order as stated in Lagos
State Probate and Administration is be adopted.
Part b:
Fees payable
and allowance to witnesses
in the high
court of justice bayelsa state
Part 1 fees
payable
Fees payable
in the high court on commencement of causes or matters other than matrimonial
or legitimacy cases
Item Matters Court Fee
1. For the recovery of specific sum
(a) not
exceeding – N500,000.00 - N2,000.00
(b) Exceeding
N500,000.00 each additional
Fee shall not exceed the maximum of
1(c) is deleted.
2. For the recovery of an unspecified sum the
Fee payable is the same as the maximum
fee
Under item 1(b) namely - N6,000.00
Item 3 is deleted as that has been
taken care
of by item 2.
4(c)
where gross value cannot be specified - N2,000.00
6. Claim for possession of property (other
than
As between Landlord and tenant - N2,000.00
9(c) Where no gross value can be specified - N5,000.00
Item 9(d) is deleted as it is unnecessary
Matrimonial causes court fee
15
- The word “Proceedings” Is added after
notice
35
- Correct the spelling of “decree”
Legitimacy cases
41- The word “seal” is amended to read “Sealed”
Probate and administration
Adopted as it was.
Applications, affidavits,
judgments, orders, security bonds, warrants and writs
57
- On filing an Affidavit - N200,00
61
- Application for issue of a warrant to
detain
An absconding defendant - N1,000.00
62
- Application for the issue of a Writ of
Hebeas Corpus - N500,00
64- For special interpreter of a language not in
common use, N1,000.00 per day or, part
thereof, as the court may or do or any
amount the court may order - N1,000.00
68
- For searching the archives - N1,000.00
The rest words to be deleted.
69
- The words “Folio of 72 words” were
replaced with
“page”
77
- The word “paper” was replaced with the
word
“document”.
79
- The words “Folio of 72 words” were
replaced with
“page”
- N50.00
Transfer of cases
Adopted as it was.
Customary court cases
92
- Word “retired” replace with “retried”.
It was a typographical error.
93(d) “Folio of 72” is replaced with “Page” - N50,00
Part II
Fees payable in civil appeals
No Amendment except 97(c) is amended
to read 97 (b).
Part iii
Fees payable in criminal appeals
98(d) Certified Copy of proceedings per folio copies
thereof for respondent per folio.
98(e) is deleted on the ground that it
is a repetition of 98 (d).
Rest items and court fees are adopted
as they were.
Note:
The view is
that if government agencies do not pay for filing fees in criminal matters,
accused persons should also be exempted. It was also contended that the justice
administration should not be seen as a money making venture but as providing
essential service to the citizenry.
However, it
was also the view that payment of some considerable fees be maintained to discourage
frivolous matters from coming to the courts.
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