Introductory Matters Flashcards
What are the Sources of Civil Procedure
a) Rules of Court
b) Statute creating the Court
c) Other Statutes
d) Constitution
e) Decisions of Court on Procedure
f)Practice directions
Who Makes the rules of the court?
It is always the statute creating the court that states who can make the rules.
e.g S.274 of the 1999 Constitution provides that the Chief Judge of any state may make the rules for regulating practice and procedure of the High Court of that State.
District Court-
a)Rules of Court and
b)Who has the power to make rules
a)District court Rules 2021
b)Chief Judge of the FCT, Abuja
Magistrates Court
a) Rules of Court
b) Who has the power to make rules
a) Magistrate Court/ Civil Procedure Rules Lagos 2019
b) Chief Judge of Lagos State
Hight Court of the FCT
a) Rules of Court
b) Who has the power to make rules
a)High Court of FCT, Abuja Civil Procedure Rules 2018
b)Chief Judge of the FCT S.259 CFRN
High Court of Lagos State
a) Rules of Court
b) Who has the power to make rules
a)High Court of Lagos State Civil Procedure Rules 2019
b) Chief Judge of Lagos State S.274 CFRN
Federal High Court
a) Rules of Court
b) Who has the power to make rules
a)Federal High Court Rules 2019
b) Chief Judge of the Federal High Court. S.254 CFRN
National Industrial Court
a) Rules of Court
b) Who has the power to make rules
a) National Industrial Court of Nigeria Civil Procedure Rules 2017
b) President, National Industrial Court of Nigeria. S.254 (f) CFRN
Court of Appeal
a) Rules of Court
b) Who has the power to make rules
a)Court of Appeal Rules 2021
b) President, Court of Appeal S.248 CFRN
Supreme Court
a) Rules of Court
b) Who has the power to make rules
a) Supreme Court Rules 1985
b) Chief Justice of Nigeria . S.236 CFRN
The Sheriffs and Civil Process Act/Law and the Judgment (Enforcement) Rules
These clearly deal with the appointment and duties of sheriffs; the enforcement of judgment and orders and the service and execution of civil process of the courts throughout the Federation and the States.
Foreign Judgment (Reciprocal Enforcement) Act, 1961
Regulates the enforcement of foreign judgments in Nigeria
Companies and Allied Matters Act
This contains provisions enabling applications to be made to the Federal high Court in respect of a company.
Matrimonial Causes Act and the Matrimonial Causes Rules 1983
This Act and Rule regulates practice and procedure in matrimonial causes in the High Court
Sources of Civil Jurisdiction
Constitution
This enables the making of rules of court and other procedural rules. The Constitution also directly provides for practice and procedure e.g. provision on right of appeal.
