Order 1 High Court of Lagos State (Civil Procedure) Rules 2019

Order 1 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Citation and Interpretation. It contains the following rules:

Order 1 Rule 1 – Citation

These Rules shall be cited as the High Court of Lagos State (Civil Procedure) Rules 2019

Order 1 Rule 2 – Interpretation

(1) These Rules shall be interpreted in accordance with the Interpretation Laws for the time being in force in Lagos State.

(2) Where in these Rules, Written Statements on Oath and affidavits are required to be made, if the deponent does not understand English Language such Written Statement on Oath or affidavit shall be made in a language he understands and shall be accompanied by interpretation thereof in English language.

(3) In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the following meanings:

“ADR” means “Alternative Dispute Resolution”
“Claimant” includes a Claimant in a Counter Claim;
“Court” means the High Court of Lagos State;

“Court Process” or “Process” includes Writ of Summons, Originating Summons, Originating Process, Notices, Petitions, Pleadings, Orders, Motions, Summons, Warrants and all documents or written communication of which service is required;

“Decision” means any determination of the Court and includes judgment, ruling decree, order, conviction, sentence or recommendation:

“Defendant” includes a Defendant to a Counter-Claim;
“Guardian” means any person who has for the time being, the charge of or control over a person under legal disability and includes a person appointed to institute or defend an action on behalf of any person under legal disability;

“Law” means the High Court Law, Ch. H5 Laws of Lagos State, 2015;

“Legal Practitioner” means a legal practitioner or counsel within the meaning of the Legal Practitioners’ Act;

“Minor” means a person who has not attained the age of 18 years

“Originating Process” means any Court process by which a suit is initiated;

“Persons Under Legal Disability” means persons who lack capacity to institute or defend any proceeding by reason of age, insanity, unsoundness of mind or otherwise;

“Pre-Action Protocol” means steps that parties are required to take before initiating proceedings in Court as set out in Form 01 of these Rules.

“Probate ACTION” means an action for the grant of probate of the Will, or Letters of Administration of the Estate of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged Will, and all other incidental matters;

“Referee” means any person who has been appointed by the Court to determine any matter or question or issue of fact in a suit;