Order 8 Supreme Court Rules

Order 8 of the Supreme Court Rules 2024 is about Original Jurisdiction: Proceedings in The Original Jurisdiction of the Court. It contains the following rules:

Order 8 Rule 1 Supreme Court Rules 2024 – Procedure not provided

In the exercise of Ihe original jurisdiction of the Court, where no provision exists in these Rules, the practice and procedure of the Court shall be conducted in substantial conformity with the practice and procedure for the time being observed in the Federal High Court.

Order 8 Rule 2 Supreme Court Rules 2024 – Commencement of proceedings

(1) Except where otherwise expressly provided, all proceedings for the exercise by the Court of its original jurisdiction shall be commenced by application to the Court, filed in accordance with Rule 15 of this Order.

(2) Subject to the provisions of any enactment and of these Rules, civil proceedings in the original jurisdiction may begin by filing a statement of claim, originating summons or originating motion as the case may require.

Order 8 Rule 3 Supreme Court Rules 2024 – Where statement of claim must be filed

The following proceedings must commence by filing a statement of claim –

(a) proceedings in which the facts in issue are disputed or are likely to be disputed; and

(b) proceedings in which a claim made by the Plaintiff is based on an allegation of fraud.

Order 8 Rule 4 Supreme Court Rules 2024 – Issue of summons

When a statement of claim has been filed, a summons shall be issued to the Defendant to appear and answer the claim.

Order 8 Rule 5 Supreme Court Rules 2024 – Forms of summons (Form 9)

Every summons shall be signed by the Registrar and sealed with the Seal of the Conn and shall be accompanied by a copy of the statement of claim.

Order 8 Rule 6 Supreme Court Rules 2024 – Originating summons

(1) In any proceedings where the Court has original jurisdiction, any party claiming any legal or equitable right and the determination of the question whether he is entitled to the right depending on the construction of the Constitution or of any other enactment may apply for the issue of an originating summons for the determination of such question of construction as to the right claimed for any further or other reliefs.

(2) Any party claiming to be interested in any proceedings specified in sub-rule (1) of this Rule under a deed or other written instrument, may apply for the issuance of an originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the person interested and tor any further or oilier reliefs.

Form 10
(3) The application shall be made in Form 10 in the First Schedule to these Rules and shall be supported by such affidavit evidence as the Court may require.

(4) The Respondent shall within thirty (30) days file a counter affidavit to the action.

Order 8 Rule 7 Supreme Court Rules 2024 – Statement of claim in lieu of originating summons

Rule 8 of this Order shall not affect the right of any party seeking a declaratory judgment to institute proceedings by filing a statement of claim under this Order and on an application by originating summons the Court shall not be bound to determine any such questions of construction if in the opinion of the Court it ought not to be determined on originating summons; and in the latter event the Court may on the application of cither party or of its own motion direct the parties to file pleadings.

Order 8 Rule 8 Supreme Court Rules 2024 – Originating motion. (Form 11)

Where in any enactment, provision is made for obtaining any relief whatsoever by application to the Court and no procedure is prescribed tor obtaining such relief in the enactment or under these Rules, the Plaintiff may initiate proceedings for such relief by originating motion.