Order 8 Supreme Court Rules

Order 8 of the Supreme Court Rules 2024 is about Original Jurisdiction: Proceedings in The Original Jurisdiction of the Court. It contains the following rules:

Order 8 Rule 1 Supreme Court Rules 2024 – Procedure not provided

In the exercise of Ihe original jurisdiction of the Court, where no provision exists in these Rules, the practice and procedure of the Court shall be conducted in substantial conformity with the practice and procedure for the time being observed in the Federal High Court.

Order 8 Rule 2 Supreme Court Rules 2024 – Commencement of proceedings

(1) Except where otherwise expressly provided, all proceedings for the exercise by the Court of its original jurisdiction shall be commenced by application to the Court, filed in accordance with Rule 15 of this Order.

(2) Subject to the provisions of any enactment and of these Rules, civil proceedings in the original jurisdiction may begin by filing a statement of claim, originating summons or originating motion as the case may require.

Order 8 Rule 3 Supreme Court Rules 2024 – Where statement of claim must be filed

The following proceedings must commence by filing a statement of claim –

(a) proceedings in which the facts in issue are disputed or are likely to be disputed; and

(b) proceedings in which a claim made by the Plaintiff is based on an allegation of fraud.

Order 8 Rule 4 Supreme Court Rules 2024 – Issue of summons

When a statement of claim has been filed, a summons shall be issued to the Defendant to appear and answer the claim.

Order 8 Rule 5 Supreme Court Rules 2024 – Forms of summons (Form 9)

Every summons shall be signed by the Registrar and sealed with the Seal of the Conn and shall be accompanied by a copy of the statement of claim.

Order 8 Rule 6 Supreme Court Rules 2024 – Originating summons

(1) In any proceedings where the Court has original jurisdiction, any party claiming any legal or equitable right and the determination of the question whether he is entitled to the right depending on the construction of the Constitution or of any other enactment may apply for the issue of an originating summons for the determination of such question of construction as to the right claimed for any further or other reliefs.

(2) Any party claiming to be interested in any proceedings specified in sub-rule (1) of this Rule under a deed or other written instrument, may apply for the issuance of an originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the person interested and tor any further or oilier reliefs.

Form 10
(3) The application shall be made in Form 10 in the First Schedule to these Rules and shall be supported by such affidavit evidence as the Court may require.

(4) The Respondent shall within thirty (30) days file a counter affidavit to the action.

Order 8 Rule 7 Supreme Court Rules 2024 – Statement of claim in lieu of originating summons

Rule 8 of this Order shall not affect the right of any party seeking a declaratory judgment to institute proceedings by filing a statement of claim under this Order and on an application by originating summons the Court shall not be bound to determine any such questions of construction if in the opinion of the Court it ought not to be determined on originating summons; and in the latter event the Court may on the application of cither party or of its own motion direct the parties to file pleadings.

Order 8 Rule 8 Supreme Court Rules 2024 – Originating motion. (Form 11)

Where in any enactment, provision is made for obtaining any relief whatsoever by application to the Court and no procedure is prescribed tor obtaining such relief in the enactment or under these Rules, the Plaintiff may initiate proceedings for such relief by originating motion.

Order 8 Rule 9 Supreme Court Rules 2024 – Mode of entering appearance (Form 12)

(1) A Defendant shall, within a period of fourteen (14) days after service of a summons on him enter appearance by filing in the Registry’ –
(a) a memorandum in writing dated on the day of its delivery, containing the name, address, email and telephone number of the Defendant(s), the Attorney-General of the Federation or the State as the case may be, or the Defendant’s Legal Practitioner; and
(b) two duplicates of the memorandum of appearance.

(2) The Registrar shall seal the duplicate copies of the memorandum of appearance with a seal bearing the words ‘’Appearance entered” and showing the dale on which they were scaled, and then return them to the person entering the appearance.

(3) The duplicate copies of the memorandum of appearance so sealed shall be evidence that the appearance was entered on the day indicated by the seal.

Order 8 Rule 10 Supreme Court Rules 2024 – Notice of entry to plaintiff (Form 13)

A Defendant shall, on the day on which he entered appearance, give or send written notice of his having entered appearance to the Plaintiff’s Legal Practitioner, and a duplicate of the memorandum of appearance so sealed and delivered to the Plaintiff or his Legal Practitioner shall be sufficient notice for the purpose of this Rule.

Order 8 Rule 11 Supreme Court Rules 2024 – Address for service

Every application for the exercise by the Court of its original jurisdiction, and every memorandum of appearance shall contain a proper address tor service to the satisfaction of the Registrar and shall not be received unless it conforms to these Rules.

Order 8 Rule 12 Supreme Court Rules 2024 – Statement of defence

Except the Court otherwise directs, the Defendant shall within forty-two days after service on him of a statement of claim, file his statement of defence.

Order 8 Rule 13 Supreme Court Rules 2024 – Reply to defence

The Plaintiff may, if he thinks fit file a reply to the statement of defence within fourteen (14) days after the service on him of the statement of defence.

Order 8 Rule 14 Supreme Court Rules 2024 – Procedure in interlocutory applications (Form 14)

An application for an interlocutory order shall be by motion titled in the proceeding in which it is made and shall be supported by an affidavit of the facts on which the applicant will rely and a written address.

Order 8 Rule 15 Supreme Court Rules 2024 – Motion on notice

No motion shall be made without previous notice to the parties affected thereby, but the Court, if satisfied that the delay caused by proceedings in the ordinary way would or might entail irreparable mischief or destroy the subject matter of the proceedings or otherwise render any final order in favour of the applicant nugatory may make any order ex-parte upon such terms as to costs or otherwise, and subject to that undertaking, if any, as the Court may think just and any party-affected by such order may within fifteen (15) days of the service of the order upon him apply to set it aside.

Order 8 Rule 16 Supreme Court Rules 2024 – Length of notice

Unless the Court gives special leave to the contrary, there must be at least three (3) days between the service of a notice and the day named in the notice for hearing the motion.

Order 8 Rule 17 Supreme Court Rules 2024 – Motion may be dismissed or adjourned where necessary

If on the hearing of a motion, the Court is of the opinion that any person to whom notice has not been given ought to have or to have had such notice, the Court may dismiss the motion or adjourn the hearing thereof, in order that such notice may be given, upon suck terms, if any, as the Court may think fit to impose.

Order 8 Rule 18 Supreme Court Rules 2024 – Effect of declaratory judgment

No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations upright whether any consequential relief is or could be claimed or not.

Order 8 Rule 19 Supreme Court Rules 2024 – Summons for directions ( Forms 15 and 16)

(1) The Plaintiff shall within fourteen (14) days after the Defendant has entered appearance take cut a summons for directions by the Court.

(2) The Court may determine all matters pertaining to the summons in chambers or in open Court and shall, on the hearing of the summons, give such directions with respect to proceedings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as the Court may consider expedient for the just and expeditious determination of the case.