Order 4 High Court of Lagos State (Civil Procedure) Rules 2019

Order 4 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Place of Instituting and Trial of Suits. It contains the following rules:

Order 4 Rule 1 High Court of Lagos State (Civil Procedure) Rules 2019 – Place of Trial

Subject to the provisions of the Law on transfer of suits, the place for trial of any suit shall be regulated as follows:

(1) Actions relating to land or any mortgage or charge or any interest in land, or any inquiry or damage to land and actions relating to personal property distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situate, or the distrain took place.

(2) Actions for recovery of penalties, forfeitures, and against public officers shall be commenced and tried in the Judicial Division in which the cause of action arose.

(3) Actions for the specific performance, or upon the breach of any contract, may be commenced and determined in the Judicial Division in which such contract ought to have been performed or in which the Defendant resides or carries on business.

(4) All other actions may be commenced and determined in the Judicial Division in which the Defendant resides or carries on business.

Order 4 Rule 2 High Court of Lagos State (Civil Procedure) Rules 2019 – Place of Trial for Several Defendants

Without prejudice to the provisions of sub Rule (4) of Rule 1, where there are several Defendants who reside or carry on business in different Judicial Divisions, the suit may be commenced in any of the Judicial Divisions subject to any order or direction a Judge may make or give as to the most convenient arrangement for trial of the suit.

Order 4 Rule 3 High Court of Lagos State (Civil Procedure) Rules 2019 – Commencement of action in wrong division

If any suit is commenced in the wrong Judicial Division, it maybe tried in that Division unless the Chief Judge otherwise directs.

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