This is because the federal high court is empowered to transfer a case to the appropriate court where it finds that it licks jurisdiction to hear the matter. Interpretation of terms order 2 place of institution and trial of suits 1. High court of lagos state is the highest court of law in lagos state. On the other hand, the courts have wrongly applied the provision of the chapter to claim forms. High court of lagos state civil procedure rules 2012 the old rules that the claimant file a preaction protocol form stating that the parties. High court of lagos state civil procedure rules 2012 free download as pdf file. High court of lagos state civil procedure rules 2004. Assessing the fast track procedure under the high court of. The magistrates courts civil procedure rules arrangement of rules order 1 commencement of proceedings rules 1. High court of lagos state civil procedure rules 2019 3 laws.
The new set of rules, which is the working tools of the judges of the high court of lagos state, was created to combat delays in the administration of justice. Magistrates courts civil procedure rules and high court of lagos appeals rules. In exercise of the powers conferred on me by section 89 1 of the high court law, cap h3 laws of lagos state 2003 as amended by high court amendment law 2012, and all other powers enabling me in that behalf, i inumidun enitan akande mrs. This paper shall, primarily, focus on the operation of adr under the lagos state high court civil procedure rules, 2012 hereinafter referred to as the 2012 rules. Preaction protocols and the commencement of actions in the high. Both the abuja and lagos high court rules make provision for this process order 25 rule 1 c lagos. The following rules shall apply to proceedings under section 77 high court of lagos state laws. Ofr, chief judge of lagos state, herby make the following rules. May 23, 2018 1 the family court civil procedure rules 2012 hereinafter referred to as the rules shall be the rules to be followed by the family court in the lagos state. Third, in respect of the federal high court, section 92 of the federal high court act cap f 12 laws of the federation of nigeria, 2004 states that where a matter arises in respect of which no provision or no adequate provisions are made in the rules made under subsection 1 of the federal high court act or in any other act or enactment, the. Welcome to the official website of federal high court nigeria. Lagos state high court civil procedure rules 2012 rules. The high court of justice, queens bench, london, had on aug. Welcome to the official website of federal high court.
The rules of court that regulate proceedings relating to the rights, advancement and welfare of a child in lagos state are the childs right law of lagos state 2007 and the family court of lagos state civil procedure rules 2012. Argument the high court lagos statecivil procedure rules. The high court of justice, queens bench, london, had on august 1, 2012, ordered mr. Electronic pdf copies are available in singles, groups or as a compendium for a fee. This work is a product of more than thirty years of rigorous, focused and determined research work. The high court of lagos state civil procedure rules 2019. In an action for breach of contract instituted at the lagos high court, but where the. H3 laws of lagos state 2003 as amended by high court amendment law 2012, and all other powers enabling me in that behalf, i, inumidun enitan akande efficient and speedy dispensation of justice.
Lagos cj launches new high court of lagos civil procedure. The high court of lagos state civil procedure rules 2019 dispute resolution adr mechanism by parties is also made mandatory where the court considers it appropriate. Fundamental rights enforcement the role of the office of. As at april 2012 lagos state has fiftyfour 54 high court judges and one hundred and eight 108 magistrates 15 to serve an estimated population of 20. It has two main branches, one in lagos island and one in ikeja. High court of the federal capital territory, abuja civil procedure rules. The provision is part of the newly introduced high court of lagos state civil procedure rules 2012 which was launched by the chief judge of lagos, justice ayotunde phillips. The rule sanctions the referral of suits screened suitable for adr to the lagos state multidoor court house or other appropriate adr institution or practitioner. Originating application that may be commenced in lagos state.
Introduction in an increasing globalized world, there are situations where the subject matter. The lagos state ministry of health is not a juristic person that can sue or be sued. Introduced in the 2019 high court civil procedure rules of lagos. As part of activities marking the commencement of a new legal year, the new high court of lagos state civil procedure rules 2012 was presented to the public at a stakeholders summit held on wednesday, the 19th day of september 2012. The overriding objectives of these rules shall be as follows. Suit relating to land and property destrained or siezed 2. Notice in the high court of lagos state nigerialaw. Published by law nigeria admin at november 29, 2019. Lagos high court rules foi act applicable to lagos state a lagos high court, sitting in the ikeja judicial division, has ruled that the freedom of information foi act, 2011 is applicable to the. Justice inumidun akande rtd, an erstwhile chief judge of lagos state unveiled the extant high court of lagos state civil procedure rules in 2012, a major striking feature was the introduction of the preaction protocol form 01 as one of the documents that must necessarily accompany a writ of summons or originating summons by virtue of order 3 rules 2 and 8 which inexplicably. The civil procedure rules of lagos requires the claimant to undertakecomply with several preaction steps preaction protocol before instituting an action, namely. Current features of the summary judgement procedure under the high court of lagos state civil procedure rules 2004 the declared objective of the 2004 lagos high court civil procedure rules is the achievement of just, efficient and speedy dispensation of justice. It delves into the practicability of adr under the lagos state high court civil procedure regime and suggests ways of improving same.
Preaction protocols and the commencement of actions in the. High court of lagos state civil procedure rules 2012 the old rules that the claimant file a preaction protocol form stating that the parties had attempted amicable settlement before resorting to litigation, that a memorandum of claim setting out options for settlement has been. The decision is given in respect of a sum of twenty naira or more or b. Jan 30, 2019 this is in contrast to the default fees of two hundred naira 200. The lagos state chief judge cj, justice opeyemi oke, on monday launched the new high court of lagos civil procedure rules 2018 at the premises of the ikeja high court. Payment and recovery of fees prescribed by rules of court. Oct 04, 2017 1 these rules may be cited as the high court of lagos state civil procedure rules 2012 2 these rules shall apply to all civil proceedings in the high court of lagos including all partheard causes and matters before these rules came into force in respect of steps to be further taken in such causes and matters. The court was renamed the federal high court by section 228 1 and 230 2 of the constitution of the federal republic of nigeria, 1979. Suits for recovery of penalties, forfeitures and actions against public officer. Fines to be paid to office of the court administrator. Where the multidoor court house exists, cases filed in court go through a process of intake screening in order to determine the appropriate door to use.
A law for the establishment of a high court of justice for the lagos state and for other purposes relating to the administration of justice in the state. In exercise of the powers conferred on me by section 89 1 of the high court law, cap. Subject to the provisions of any enactment, civil proceedings may be begun by writ, originating summons, civil proceedings originating motion or petition, or any other method required by other rules of court governing. Reservation of question of law for opinion of high court. Interstate service of process in the nigeria federation. Nov 27, 2019 federal high court civil procedure rules, 2019 pursuant to the constitution of the federal republic of nigeria, 1999 arrangement of sections. The significant features in the high court of lagos state civil procedure rules, 2012 on the holistic perusal of the high court of lagos.
High court of the federal capital territory, abuja civil. H3 laws of lagos state 2003 as amended by high court amendment law 2012, and all other powers enabling me in that behalf, i, inumidun enitan akande mrs. Ruling on the ministrys preliminary objection on november 28, 2017, justice okelawal noted that three issues arose for determination in the matter namely, whether the foi act is applicable to lagos state, whether mra was out of time in filing the suit and whether the lagos state ministry of health is a. Conduct of proceedings by a person other than a party. Notably, order 341 federal high court rues 2009 and order 401 high court of lagos state civil procedure rules 2012 are in pari materia with section 31 1 and 2 of the senior courts act, u. Laws and rules applicable to criminal courts in nigeria. A consideration of the amendments introduced in the 2019 high. High court of lagos state civil procedure rules 2012. The article will use the high court of lagos state civil procedure rules 2012 as a point of reference.
Nov 29, 2019 lagos state high court civil procedure rules 2019. Effective from 31st january 2019, the high court of lagos civil procedure rules 2012 2012 rules ceases to apply to all new and partheard civil matters within the state and full implementation of the new 2019 rules shall commence. Lagos state high court civil procedure rules 2019 lawnigeria. The office of the public defender of lagos state is the first of its kind in nigeria. Honourable chief judge of the lagos state judicia ry, honourable justice opeyemi oke, on 14th january 2019. Human rights enforcement procedure should be so simple and userfriendly that nonlawyers with average high school education will be able to prepare and file human rights suits with little or no professional help.
Generally, the child rights act provides and guarantee protections to children and young persons throughout nigeria. Download administration of criminal justice law of lagos. Order 28 introduces an order with respect to alternative dispute resolution. The high court of lagos state civil procedure rules 2019 a step. Akingbola challenges lagos high courts jurisdiction to. The rules amends the lagos state high civil procedure rules, 2012 and is to apply to all civil proceedings in the high court of lagos state including partheard matters. High court of lagos state civil procedure rules 2004 order 1 application and interpretation 1. Hitherto, the overriding objectives were contained in the preamble to the 2012 rules which created a bit of confusion as to the enforceability of the overriding objectives.
The rules and procedures governing the operations of the lagos state high court is of lagos state. State high court civil procedure rules, 2012 has put in place commendable adr measures aimed at quick and just dispensation of justice. The high court lagos state civil procedure rules 2012 provides in order 3 rule 21e and subrule 2 thus. She, however, said that the introduction of adr into the high court of lagos civil procedures rules 2012 had made it mandatory for lawyers and litigants to embrace the system. High court of lagos state civil procedure rules 2019 laws. Federal high court civil procedure rules 2019 lawnigeria. The main objective of the fast track court is to reduce the time spent on litigation to a period not exceeding nine 9 months from the commencement of the. With the commencement of the new rules, the old rules ceases to apply to all new and partheard civil matters within lagos state. Click to download lagos state high court rules 2012 ning high court of lagos state civil procedure rules 2012 of the high court law, cap. This is in contrast to the default fees of two hundred naira 200. Short title the family court of lagos state civil procedure rules 2012 commencement 6 june 2012 order 1 1 the family court civil procedure rules 2012 hereinafter referred to as the rules shall be the rules to be followed by the family court in the lagos state.
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