Order 6 High Court of Lagos State (Civil Procedure) Rules 2019

Order 6 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Indorsement of Claim and of Address. It contains the following rules:

Order 6 Rule 1 – Indorsement

Every Originating Process shall contain the claim, the relief or remedy sought, the full names and address of the Claimant.

Order 6 Rule 2 – Indorsement to show representative capacity

Where a Claimant sues, or the Defendant is sued in a representative capacity, the Originating Process shall state that capacity.

Order 6 Rule 3 – Probate Actions

In Probate Actions the Originating Process shall state whether a Claimant claims as Creditor, Executor, Administrator, Beneficiary, Next of Kin of in any other capacity.

Order 6 Rule 4 – Indorsement where the claim is liquidated

(1) Where the claim is for a debt or liquidated demand only, the Originating Process shall state the amount claimed with cost and shall further state that the Defendant shall pay the amount with costs to the Claimant’s Legal Practitioner within the time allowed for appearance and that upon such payment the proceedings shall terminate.

(2) The Defendant may, notwithstanding payment under this Rule, have the costs taxed and if more than one sixth of the costs shall be disallowed, the Claimant’s Legal Practitioner shall pay the costs of taxation.

Order 6 Rule 5 – Ordinary account

In all cases where a Claimant in the first instance desires to have an account taken, the Originating Process shall so state.

Order 6 Rule 6 – Indorsement of address by claimant or by Legal practitioner

(1) A Claimant suing in person shall state on the Originating Process his residential or business address as his address for service and shall include his telephone numbers and e-mail address.

(2) If he lives and carries on business outside the jurisdiction, he shall state an address within the jurisdiction as his address for service.

(3) Where a Claimant sues through a Legal Practitioner, the Legal Practitioner shall state on the Originating Process, his chambers’ address, as the address for service and shall include telephone numbers and e-mail address

(4) If the Legal Practitioner is based outside the jurisdiction, he shall state in addition a chambers’ address within the jurisdiction as address for service and shall include telephone numbers and e-mail address.

Order 6 Rule 7 – Indorsement of Address

Where an Originating Process is to be served on a Defendant outside the jurisdiction the process shall state the address required in Rule 6.

Order 6 Rule 8 – Originating Process without an address or with fictitious address

If the Originating Process does not state an address for service, it shall not be accepted and if any such address is illusory, fictitious or misleading the process may be set aside by a Judge on the application of the Defendant.

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