Order 11 High Court of Lagos State (Civil Procedure) Rules 2019

Order 11 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Appearance. It contains the following rules:

Order 11 Rule 1 – Mode of entry of Appearance

(1) A Defendant served with an Originating Process shall, within the period prescribed in the process for appearance, file in the Registry the original and copy of a duly completed and signed Memorandum of Appearance as in Form 11 with such modifications or variations as circumstances may require.

(2) On receipt of the Memorandum of Appearance, the Registrar shall make entry and stamp the copy with the seal showing the date he received it and return the sealed copy to the person making the appearance.

(3) A Defendant entering appearance shall not later than seven (7) days thereafter serve a sealed copy of the Memorandum of Appearance on a Claimant’s Legal Practitioner or the Claimant if he sues in Person.

Order 11 Rule 2 – Defendant appearing in person or represented by Legal Practitioner

(1) A Defendant appearing in person shall state in the Memorandum of Appearance an address for service which shall be within Lagos State.

Where a Defendant appears by a Legal Practitioner, the Legal Practitioner shall state in the Memorandum of Appearance, his full names, chamber’s address within Lagos State, Telephone numbers and E-mail address.

(3) Where any such Legal Practitioner is the agent of another Legal Practitioner he shall state his full names, full address of chambers, telephone numbers within Lagos State and E-mail address, and the full names, full address of chambers, telephone numbers within Lagos State, E-mail address of the principal Legal Practitioner.

Order 11 Rule 3 – Fictitious address

Where any Memorandum of Appearance does not contain an address or where the address for service is illusory, fictitious or misleading, the appearance may be set aside by a Judge upon the application of a Claimant on notice to the Defendant.

Order 11 Rule 4 – Defendants appearing through same Legal practitioner

If two or more Defendants in the same action appear through the same Legal practitioner, the Memorandum of Appearance shall include the names of all the Defendants.

Order 11 Rule 5 – Late Appearance

If a Defendant files an appearance after the time prescribed in the originating process, he shall pay to the Court a fee of One Thousand Naira (N1,000.00) for each day of default.

Order 11 Rule 6 – Intervener in Probate matters

In Probate matters, any person not named in the originating Process may intervene and appear in the matter on filing an affidavit showing his interest in the Estate of the deceased.

Order 11 Rule 7 – Recovery of Land

Any person not named as a Defendant in an Originating Process for recovery of land may with leave of a Judge appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or through his tenant.

Order 11 Rule 8 – Landlord Appearing

Any person appearing to defend an action for the recovery of land as landlord in respect of a property which he is in possession through his tenant, shall state in his appearance that he appears as landlord.

Order 11 Rule 9 – Person under legal disability appearing

A person under legal disability shall enter an appearance by his Guardian.

Order 11 Rule 10 – Tenant

In this Order the word “Tenant” includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise.