DISTRICT COURT RULES OF NORTHERN NIGERIA

CHAPTER 33

DISTRICT COURTS

The District Court Directions

(Section 3)

Date of Commencement: 30th September 1960

1. These Directions may be cited as the District Court Directions.

2. For the purposes of the District Courts Law, Northern Nigeria shall be divided into the districts specified in the first column of the Schedule hereto with headquarters at the towns respectively allotted thereto, and each such District shall be designated by the name shown against it in the second column of the Schedule.

SCHEDULE 

District                                                                                      Name

1. The Ilorin, Kano, Katsina, Niger, Sokoto and                   The Kano District 

Zaria Provinces (excluding the Jema’a Division

of Zaria Province), the Capital Territory of Kaduna,

the Kabba, Igbirra and Kwara Divisions of Kabba

Province, and the Bedde Division and the Matsena,

Nguru and Yusufari Districts of Bornu Province, with 

Headquarters at Kano.

2. The Adamawa, Plateau, Bauchi, Benue and                        The Jos District 

Bornu Provinces (excluding the Bedde Division 

and the Matsena, Nguru and Yusufari Districts 

of Bornu Province), the Igala Division of Kabba

Province and the Jema’a Division of Zaria 

Province, with headquarters at Jos.             

 

THE DISTRICT COURT RULES 

ARRANGEMENT OF RULES 

Order I (1) -Title 

Order II (2) - Form and Commencement of action (Form 1) & (Form 2)

Rule 1: Proceedings to be commenced by plaint

Rule 2(1):  When plaint discloses no cause of action 

Rule 3: All causes of action may be joined

Rule 4: Division of causes of action 

Rule 5(1): Abandonment of part of claim to give Court jurisdiction

Rule 6: Loss of plaint note. (Form 3) 

Order III (3) - Writ of Summons and procedure 

Rule 1: Issue of summons to Defendant. (Form 4) 

Rule 2: Court to fix time for appearance 

Rule 3: Service not effected within one year; power to extend

Rule 4: Address for service 

Rule 5: Effect of misnomer in plaint or summons 

Order IV (4) - Service of process 

Rule 1: Manner of addressing process for execution 

Rule 2: Special bailiff

Rule 3(1): Normal mode of service. (Form 5) (Forms 6 and 7)

         (2): (Form 8)

Rule 4: Substituted service. (Forms 9, 10 and 11)

         (a): By delivery to agent.

         (b): By advertisement. (Form 10)

         (c): By notice

         (d): By affixing summons to premises

Rule 5: Service on Government officers

Rule 6(1): Service out of the jurisdiction 

Rule 7(1): Mode of service out of the jurisdiction 

Rule 8: Varying order for service 

Rule 9: Record and evidence of service 

Order V (5) - Default summonses

Rule 1(1): In action for debt, Plaintiff may require Defendant to give notice of intention to defend on pain of judgment by default.     

               (Forms 12, 13, 14 and 15).

         (2): Payment forthwith or by installment may be ordered. (Form 16)

Rule 2:   Where Defendant gives notice to defend, notice of day of hearing to be served on both parties. (Forms 17, 18, 19 and 20)

Rule 3:   Leave to defend may be given after failure to give notice.

Order VI (6) - Proof of process 

Rule 1: Proof of service. (Forms 5, 6, 7, 21 and 22)

Rule 2: Penalties 

Order VII (7) - Parties 

Rule 1: Joinder of Plaintiffs

Rule 2: Joint claims

Rule 3(1): Joinder of Defendants

         (2): Contribution

         (3): (Form 23)

Rule 4: Procedure when persons jointly liable 

Rule 5: Partners

Rule 6(1): Representative Plaintiffs and Defendants

Rule 7: Executors and Administrators 

Rule 8: Misjoinder and Non-joinder

 

Order VIII (8) - Infants and persons of unsound mind

Rule 1: Definitions

Rule 2: Suits by persons under disability 

Rule 3(1): Proceedings by infant or on behalf of lunatic 

         (2): (Form 24)

Rule 4: Transfer 

Rule 5: Proceedings by infant without next friend

Rule 6(1): Powers of Court when proceedings commenced without next   friend 

Rule 7(1): Appointment of guardian ad litem

          (2): (Form 25)

          (3): (Forms 26 and 27)

Rule 8(1): Plaintiff may apply for appointment of guardian ad litem. (Form 29)

Rule 9: Who may be appointed 

Rule 10: When guardian ad litem need not be appointed 

Rule 11: Proceedings to continue 

Rule 12: Transfer of proceedings without guardian ad litem 

Rule 13: Death, etc., of guardian ad litem 

Rule 14: Appointment of guardian ad litem to be entered in books of Court 

Rule 15: Guardian ad litem not liable for costs

Rule 16: When Court may order new trial 

Rule 17(1): Action in which money or damages claimed

Rule 18: General powers of guardian ad litem 

Rule 19: English practice to apply 

Order IX (9) - Alteration of parties 

Rule 1: Order to carry on proceedings 

Rule 2: Application to discharge order

Order X (10) - Transfer 

Rule 1: Application for transfer under sections 30 and 33 of Cap. 33 N.N.L.N 153 of 1963

Order XI (11) - Consolidation and test cases

Rule 1: Consolidation of actions. (Form 34)

Rule 2(1): Test cases. (Forms 35, 36 and 37)

Order XII (12) - Sittings of court and audience 

Rule 1: Public or private sittings of the Court 

Rule 2(1): Adjournment of Court. (Form 38)

         (3): (Form 39)

Rule 3: Right of audience 

Order XIII (13) - Enlargement and abridgment of times

Rule 1(1): Enlargement and abridgment of times 

Rule 2: District Court may grant time  

Order XIV (14) - Amendment 

Rule 1(1): Powers of amendment 

Order XV (15) - Interlocutory applications

Rule 1: Interlocutory applications

Rule 2: Notice of application 

Rule 3: Discharge and variation of ex parte order

Order XVI (16) - Injunctions, etc.

Rule 1: Appointment of receiver of property in dispute 

Rule 2: Entry on land in dispute 

Rule 3: Injunctions, etc., may be granted on terms 

Rule 4: Notice 

Rule 5: Ex parte Injunctions and orders

Rule 6: Discharge and variation of Interlocutory Injunctions and orders made ex parte 

Order XVII (17) - Confessing and entering up judgment 

Rule 1: Confessing of debts or parts of debts and judgment thereon (Forms 40 and 41)

Rule 2: Agreement as to amount of debt and conditions of payment 

Order XVIII (18) - Security for costs 

Rule 1: Security for costs. (Forms 42 – 47)

Rule 2(1): How security is to be given and enforced. (Forms 48, 49 and 50)

Rule 3: District Judge may direct security to be by deposit of money or   otherwise 

Rule 4: Where security is required to be given, a deposit of money may be in lieu thereof

Order XIX (19) - Payment into Court 

Rule 1 (1): Payment into Court.            

          (2): Notice to Plaintiff. (Forms 51 and 52)

Rule 2: Admission of liability 

Rule 3(1): Acceptance of sum paid in. (Form 53)

         (2): Non-acceptance

Order XX (20) - Interim attachment of property 

Rule 1(a): In what cases

Rule 2: Application for attachment 

Rule 3: Form of order

Rule 4: Where Defendant fails to show cause or give security 

Rule 5: Rights of third parties not to be affected 

Rule 6: Removal of attachment 

Rule 7: In what courts proceedings may be taken 

Order XXI (21) - Witnesses 

Rule 1: Service of summons to witnesses. (Forms 54 and 55)

Rule 2: Witnesses in general to be out of hearing. Cap. 40

Order XXII (22) - Affidavits and documentary evidence 

Rule 1: Contents of affidavits. (Form 56)

Rule 2: Cross-examination of deponent

Rule 3: Alterations in affidavit 

Rule 4: Affidavits by illiterate or blind persons

Rule 5(1): Evidence of witness about to leave district 

Rule 6: Documents admitted in evidence 

Rule 7: Documents not admitted in evidence 

Order XXIII (23) - Procedure when both parties appear

Rule 1: Procedure when both parties appear 

Rule 2: Written pleadings may be ordered 

Rule 3: Illiterate parties 

Rule 4: Record by Court of parties’ oral pleadings in lieu of written pleadings 

Rule 5: Where pleadings, etc., ordered, rules to be observed 

Rule 6: The pleadings to state all material facts relied on

Rule 7: How facts to be stated 

Rule 8: The relief claimed to be stated 

Rule 9: Grounds of claims founded on separate facts to be separately stated

Rule 10: Defendants’ pleadings to meet allegations in Statement of Claim 

Rule 11: Allegations shall not be met generally but specifically 

Rule 12: Denial of fact must answer point of substance 

Rule 13: Admissions; their effect 

Rule 14: Allegation of new facts in defence 

Rule 15: Set-off or counter claim to be pleaded 

Rule 16: Evidence in denial of allegations or in support of defence not  pleading 

Rule 17: Further pleadings 

Rule 18: Costs in certain cases 

Rule 19: Filing and service of pleadings 

Rule 20: Striking out pleadings 

Rule 21: No evidence to be given of any claim which is not in summons

Order XXIV (24) - Procedure when only one party appears

Rule 1(1): Procedure when Plaintiff fails to appear or to prove his case. (Form 57)

Rule 2: Counter-claim where Plaintiff does not appear 

Rule 3: Costs of Defendant where Plaintiff does not appear 

Rule 4(1): Procedure when Defendant fails to appear 

Order XXV (25) – Judgments

Rule 1(1): Notice of judgment 

Rule 2(1): Enforcement of judgments and penalties. Cap. 123

Order XXVI (26) – Costs

Rule 1: Stay of proceedings 

Rule 2: Application of Cap. 49 in relation to legal practitioners 

Rule 3(1): Agreements between legal practitioners and illiterate persons

Rule 4: Duty of legal practitioners in relation to costs

Rule 5: Suits by legal practitioners to recover fees

Rule 6: Legal practitioners to be officers of the Court 

Order XXVII (27) - Appeals to the High Court 

Rule 1(1): Applications for leave to appeal under s. 73(2) of Cap. 33

Rule 2(1): Notice of Appeal. (Form 58)

         (3): Second Schedule 

Rule 3(1): Appellant to supply copies of record to Respondents and Appeal Court 

Rule 4(1): Enlargement of time 

Rule 5: Time and place of hearing 

Rule 6: Fees. Second Schedule 

Rule 7: Allowances to witnesses. Cap.49

Rule 8(1): Stay of execution 

Rule 9(1): Where Appellant fails to appear 

Rule 10: Where Appellant appears 

Rule 11: Appeal limited to grounds given in notice

Rule 12(1): Abandonment of Appeal 

Rule 13(1): Order of Appeal Court to be certified to District Judge’s Court 

Rule 14: Enforcement of orders 

Rule 15(1): Security for costs of Appeal 

Order XXVIII (28) - Case stated under Section 78

Rule 1(1): Form of case stated

Rule 2: Statement of case to be sent to Registrar of High Court 

Order XXIX (29) - Recording of proceedings and use of forms

Rule 1: Cause Book. Form 1

Rule 2: Custody of records 

Order XXX (30) - Fees of court and allowances to witnesses 

Rule 1(1): Fees of Court. Second Schedule 

         (2)(b): Second Schedule 

Rule 2: District Judge may suspend payment of fees

Rule 3: Allowances to witnesses 

Order XXXI (31) - Custody of money in Court 

Rule 1: Registrar to take care of fees and other payments

Rule 2: Registrar to account to Accountant-General of Northern Nigeria 

Rule 3: Audit of Registrar’s account 

Rule 4: Registrar to enter all moneys in cash book

Rule 5: Registrar to comply with financial instructions 

Order XXXII (32) - Miscellaneous provisions 

Rule 1(1): Duplicate of documents to be filed 

Rule 2: Swearing of interpreters

FIRST SCHEDULE

Forms referred to in the Rules 

SECOND SCHEDULE

Fees