Order 5 High Court of Lagos State (Civil Procedure) Rules 2019

Order 5 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Form and Commencement of Action. It contains the following rules:

Order 5 Rule 1 – Proceedings to be commenced by Writ

(1) Subject to the provisions of these Rules or any applicable law requiring any proceeding to be commenced otherwise than by writ, a writ of Summons shall be the form of commencing all proceedings where:

(a) a Claimant claims:

(i) any relief or remedy for any civil wrong or;

(ii) damages for breach of duty, whether contractual, statutory or otherwise, or;

(iii) damages for personal injury to or wrongful death of any person, or in respect of damage or injury to property;

(b) the claim is based on or includes an allegation of fraud, or;

(c) an interested person claims a declaration.

(2) All civil proceedings commenced by Writ of Summons shall be accompanied by a list and  copies of the following documents:

(a) a Statement of Claim;  

(b) a list of witnesses to be called at the trial;

(c) written statements on oath of the witnesses except witnesses on subpoena;

(d) copies of every document to be relied on at the trial; .

(e) Pre-Action Protocol Form 01 with necessary documents:

(3) Failure to comply with sub Rule (2) above shall nullify the action.