Order 10 High Court of Lagos State (Civil Procedure) Rules 2019

Order 10 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Service out of Nigeria and Service of Foreign Process. It contains the following rules:

Order 10 Rule 1 – cases where service of Originating Process, etc, are allowed out of Nigeria.

A Judge may allow any Originating Process or other process to be served outside Nigeria where:

(a) the whole subject matter of the claim is land situate within jurisdiction, or

(b) any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate 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 the 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 situate within jurisdiction) of the trusts of any written instrument, which ought to be executed according to the law in force in Lagos State, 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 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 out of jurisdiction and (iii)which by its terms or by implication is to be governed by the applicable Law in Lagos State, or the parties have agreed that the Court shall have jurisdiction to entertain any claim in respect of such contract,

(f) a claim is brought against the Defendant in respect of contract for breach committed -within jurisdiction notwithstanding that such was preceded or accompanied by a breach out of jurisdiction which rendered performance of the contract which ought to have been performed within jurisdiction impossible;

(g) the claim is founded on a tort committed within jurisdiction, or

(h) an injunction is sought in respect of anything to be done, or any nuisance to be prevented or removed within jurisdiction, whether or not damages are claimed, or

(i) any person out of the jurisdiction is a necessary or proper party to an action properly brought against any person duly served within jurisdiction, or

(j) the claim is by a mortgagee or mortgagor in relation to a mortgaged property situate within jurisdiction, seeking any of the following reliefs –

(i) sale, foreclosure, delivery of possession by the mortgagor,