Order 10 FCT (Civil Procedure) Rules 2025

Order 10 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Service outside Nigeria and Service of Foreign Process. It contains the following rules:

1. The Court may allow any originating or other process to be served outside Nigeria where;
   (a) The subject matter of the claim is land situated within jurisdiction, or
   (b) Any act, deed, will, contract, obligation, or liability affecting land or hereditaments situated within jurisdiction, is sought to be construed, rectified, set aside or enforced, or
   (c) Any relief is sought against any person domiciled or ordinarily resident within jurisdiction, or
   (d) The claim is for administration of the personal estate of any deceased person, who at the time of his death was domiciled within jurisdiction or for the execution (as to property situated within jurisdiction) of the trusts or any written instrument, which ought to be executed according to an Act of the National Assembly, or

(e) The claim is brought against the defendant to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover damages or other relief for or in respect of a
contract;
(i) Made within jurisdiction, or
(ii) Made by or through an agent residing or carrying on business within jurisdiction on behalf of a principal residing or carrying on business outside
jurisdiction, or
(iii) Which by its terms or by implication is to be governed by the applicable law in the FCT, or parties have agreed that the Court shall have jurisdiction to entertain any claim in respect of such contract, or is brought against the defendant in
respect of a breach committed within jurisdiction, of a contract wherever made notwithstanding that such breach was preceded or accompanied by a
breach out of jurisdiction which rendered impossible the performance of the contract which ought to have been performed within jurisdiction.

(f) The claim is founded on a tort committed within jurisdiction, or
(g) An injunction is sought as to anything to be done or any nuisance within jurisdiction is sought to be prevented or removed, whether or not damages are sought or
(h)Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within jurisdiction, or

(i) The claim is by a mortgagee or mortgagor in relation to a mortgaged property situated within jurisdiction and seeks relief of the nature or kind following, that is; sale, foreclosure, delivery of possession by the mortgagor; redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless and expect so far as permissible under paragraph (e) of this rule) any
judgement or order for payment of any monies due under the mortgage, or
(j) The proceedings relate to a person under legal disability, or

(k) The proceedings relate to probate matters, or
(l) Where any proceedings under any law or rule of Court have been instituted by any originating process.

2. Where parties have by their contract prescribed the mode
   or place of service, or the person that may serve or the
   person who may be served any process in any claim arising
   out of the contract, service as prescribed in the contract
   shall be deemed good and sufficient service.

3. Where leave is granted to serve an originating process in
   any foreign country with which no convention in that
   behalf has been made, the following procedure may be
   adopted;

(a) The process to be served shall be sealed with the seal of the Court for service outside Nigeria, and shall be transmitted to the Solicitor General of the Federation by the Chief Registrar, with a copy translated, if not in English, into the language of that country and with a request for its further transmission to the appropriate authority. The request shall be as in Form 8 with such modifications or variations as circumstances may require;
(b) A party wishing to serve a process under this rule shall file a praecipe as in Form 9 with such modifications or variations as circumstances may require;

(c) A certificate, declaration, affidavit or other notification of service transmitted to the Court through diplomatic channels by a Court or other appropriate authority of the foreign country, shall be deemed good and sufficient proof of service;

(d) Where a certificate, declaration, affidavit or other notification transmitted as aforesaid states that efforts to serve a process have failed, the Court may, on an ex parte application, order substituted service. The process, a copy, the Order for substituted service, and a request as in Form 10 with such modifications or variations as circumstances may require shall be sealed and transmitted to the Solicitor General of the Federation;
Notwithstanding the foregoing provision a claimant may with leave of Court serve any originating process by courier.

These provisions shall not affect the powers of a Court in cases (the Court) where lands, funds, choses in action, rights or property within jurisdiction are sought to be dealt with or affected. The Court may, without assuming jurisdiction, over any person outside jurisdiction, cause such person to be informed of the nature or existence of the proceedings with a view to such person having an
opportunity of claiming, opposing or otherwise intervening.

4. (1) where leave is granted or is not required in a civil suit
   and it is desired to serve any process in a foreign country
   with which a convention in that behalf has been made, the
   following procedure shall subject to any special provision
   contained in the convention, be adopted.

(a) The party desiring such service shall file in the registry a request as in Form 11 with such modifications or variations as circumstances may require and the request shall state the medium through which it is desired that service shall
be effected, either;
(i) Directly through diplomatic channels or
(ii) Through the foreign judicial authority;

(b) The request shall be accompanied by the original
document and a translation in the language of the country in which service is to be effected, certified by or on behalf of the person making the request, and a copy of each for every person to be served and any further copies which the
convention may require (unless the service is require to be made on a Nigerian subject directly through diplomatic channels in which case the translation and copies need not accompany the request unless the convention expressly
requires that they should do so);

(c) The documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall be forwarded by the Chief Registrar to the permanent secretary, federal ministry of foreign affairs for onward
transmission to the foreign country;

(d) An official certificate, transmitted through the Nigerian diplomatic agent to the Court, establishing the fact and the date of the service of the document, shall be deemed to be sufficient proof of service within the requirements of these rules.

(2) The Court, in granting leave to serve a process out of jurisdiction under this order, may upon request therefore in appropriate case direct that courier shall be used by the party effecting service.

5. Where in any civil or commercial matter pending before a
   Court or tribunal of a foreign country a letter of request
   from such Court or tribunal for service on any person or
   citation in such matter is transmitted to the Court by the
   Attorney-General of the Federation stating that it is
   desirable that effect be given to it, the following procedure
   shall be adopted:

(a) The letter of request for service shall be accompanied by two copies of the process or citation in English and two translated copies to be served.
(b) Service of the process or citation shall be effected by a process server unless the Court otherwise directs;