Order 8 High Court of Lagos State (Civil Procedure) Rules 2019

Order 8 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Issue of Originating Process. It contains the following rules:

Order 8 Rule 1 – Preparing Originating Processes

Originating Process shall be prepared by a Claimant or his Legal Practitioner, and shall be clearly printed on opaque A4 paper of good quality.

Order 8 Rule 2 – Sealing of Originating Process

(1) The Registrar shall seal every Originating Process whereupon it shall be deemed issued.

(2) A Claimant or his Legal Practitioner shall, on presenting any Originating Process for sealing, leave with the Registrar as many copies of the process as there are Defendants to be served and one copy for endorsement of service on each Defendant.

(3) Each copy shall be signed by the Legal Practitioner or by a Claimant where he sues in person and shall be certified after verification by the Registrar as being a true copy of  the original process filed.

Order 8 Rule 3 – Steps to be taken after sealing

(1) The Registrar shall after sealing an Originating Process, file it and note on it the date of filing and the number of copies supplied by a Claimant or his Legal Practitioner for service on the Defendants.

(2) The Registrar shall then make an entry of the filing in the cause book and identify the action with a suit number that may comprise abbreviation of the Judicial Division, a chronological number and the year of filing.

Order 8 Rule 4 – Copies to be served

The Registrar shall promptly arrange for personal service on each Defendant of a copy of the Originating Process and accompanying documents duly certified as provided by Rule 2 (3) of this Order.

Order 8 Rule 5 – Originating Process with Affidavit for probate Actions

The Originating Process in probate actions shall be accompanied by an affidavit sworn to by a claimant or one of several claimants verifying the contents of the process.

Order 8 Rule 6 – Lifespan of Originating Process

(1) The life span of every originating process shall be 6 (six) months.

(2) If a Judge is satisfied that it has proved impossible to serve an Originating process on any Defendant within its life span and a Claimant applies before its expiration for renewal of the process, the Judge may renew the original or concurrent process for 3 (three) months from the date of such renewal.

(3) A renewed Originating Process shall be in Form 6 with such modifications or variations as circumstances may require.

Order 8 Rule 7 – Indorsement of Renewal

(1) A Judge may order two renewals in each case strictly for good cause and upon prompt application, provided that no Originating Process that has not been served shall be in force for more than 12 (twelve) months.

(2) The Registrar shall state the fact, date, and duration of renewal on every renewed Originating Process.

Order 8 Rule 8 – Loss of Originating Process

Where an Originating Process is lost after issue, a Judge, upon being satisfied of the loss and of the correctness of the process, may order the copy to be filed and sealed in place of the lost Originating Process.