Order 7 High Court of Lagos State (Civil Procedure) Rules 2019

Order 7 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Effect of Non-Compliance. It contains the following rules:

Order 7 Rule 1 – Non-Compliance with Rules

(1) Any Action filed without compliance with provisions of Order 5 Rule 1 (2) or Order 5 Rule 5 shall be a nullity.

(2) Failure to comply with the requirement of these Rules as to time, place, manner, form in connection with any proceeding shall be heated as an irregularity and may not nullify any action taken at my stage of the proceeding.

(3) Where any proceeding is commenced by an Originating Process other than the process prescribed by these Rules, the Judge shall not wholly set aside the proceeding or the Originating Process.

(4) Without prejudice to the provisions of sub Rules (2) and (3), the Judge may give any direction as he thinks fit to regularize the error, act or omission.

Order 7 Rule 2 – Application to set aside for irregularity

(1) An application to set aside any step taken in the course of any proceeding for irregularity may be allowed where it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this Rule may be made by motion and the grounds of objection shall be stated in the motion.

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