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. 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. 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. Laws and rules applicable to criminal courts in nigeria. 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. A consideration of the amendments introduced in the 2019 high. 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. 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. 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.
Cessation of application the high court civil procedure rules, 1988 of the defunct bendel state of nigeria shall cease to apply. Jan 30, 2019 this is in contrast to the default fees of two hundred naira 200. On the other hand, the courts have wrongly applied the provision of the chapter to claim forms. 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 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. Interstate service of process in the nigeria federation.
Published by law nigeria admin at november 29, 2019. It delves into the practicability of adr under the lagos state high court civil procedure regime and suggests ways of improving same. Argument the high court lagos statecivil procedure rules. Suit relating to land and property destrained or siezed 2. 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. 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. Welcome to the official website of federal high court nigeria. Lagos high court rules foi act applicable to lagos state.
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. 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. Interpretation of terms order 2 place of institution and trial of suits 1. Payment and recovery of fees prescribed by rules of court. Welcome to the official website of federal high court. 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. The civil procedure rules of lagos requires the claimant to undertakecomply with several preaction steps preaction protocol before instituting an action, namely. Ofr, chief judge of lagos state, hereby make the following rules. Lagos state high court civil procedure rules 2019 lawnigeria. Generally, the child rights act provides and guarantee protections to children and young persons throughout nigeria. Introduced in the 2019 high court civil procedure rules of lagos. The high court of lagos state civil procedure rules 2019 a step. This work is a product of more than thirty years of rigorous, focused and determined research work. Although the need was noted during the constitutional conference leading.
Ofr, chief judge of lagos state, herby make the following rules. Reservation of question of law for opinion of high court. Magistrates courts civil procedure rules and high court of lagos appeals rules. The high court of lagos state civil procedure rules 2019. Preaction protocols and the commencement of actions in the. 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. Lagos state high court civil procedure rules 2012 rules. The magistrates courts civil procedure rules arrangement of rules order 1 commencement of proceedings rules 1. High court of the federal capital territory, abuja civil procedure rules.
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. 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. The lagos state ministry of health is not a juristic person that can sue or be sued. High court of lagos state civil procedure rules 2012 free download as pdf file. The following rules shall apply to proceedings under section 77 high court of lagos state laws. 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. 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. Both the abuja and lagos high court rules make provision for this process order 25 rule 1 c lagos. Lagos cj launches new high court of lagos civil procedure. 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. Download administration of criminal justice law of lagos.
High court of lagos state civil procedure rules 2012. The high court of justice, queens bench, london, had on aug. In exercise of the powers conferred on me by section 89 1 of the high court law, cap. Fundamental rights enforcement the role of the office of. In an action for breach of contract instituted at the lagos high court, but where the. Honourable chief judge of the lagos state judicia ry, honourable justice opeyemi oke, on 14th january 2019. Assessing the fast track procedure under the high court of. Originating application that may be commenced in lagos state. 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.
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. 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. 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. The high court of justice, queens bench, london, had on august 1, 2012, ordered mr. 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. Akingbola challenges lagos high courts jurisdiction to. With the commencement of the new rules, the old rules ceases to apply to all new and partheard civil matters within lagos state.
Federal high court civil procedure rules 2019 lawnigeria. Conduct of proceedings by a person other than a party. The lagos high court system is comprised of the criminal division, the lands division, the family and probate division, the commercial fast track division, the general civil division, the special offences courts and the sexual offences courts. Order 28 introduces an order with respect to alternative dispute resolution. Preaction protocols and the commencement of actions in the high. 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 federal revenue court as federal high court was then called was established by the federal revenue act 1973 1973 no. Suits for recovery of penalties, forfeitures and actions against public officer. The decision is given in respect of a sum of twenty naira or more or b. High court of lagos state civil procedure rules 2012 the old rules that the claimant file a preaction protocol form stating that the parties.
The high court lagos state civil procedure rules 2012 provides in order 3 rule 21e and subrule 2 thus. The office of the public defender of lagos state is the first of its kind in nigeria. Electronic pdf copies are available in singles, groups or as a compendium for a fee. High court of the federal capital territory, abuja civil. The rules and procedures governing the operations of the lagos state high court is of lagos state. Fines to be paid to office of the court administrator. 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. The article will use the high court of lagos state civil procedure rules 2012 as a point of reference. High court rules 2016 li 2016225 as at 09 april 2020. It has two main branches, one in lagos island and one in ikeja. Nov 29, 2019 lagos state high court civil procedure rules 2019. 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.
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. 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. This is in contrast to the default fees of two hundred naira 200. Introduction in an increasing globalized world, there are situations where the subject matter. The overriding objectives of these rules shall be as follows. High court of lagos state civil procedure rules 2019 laws. 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. Citation, application and interpretation of high court of lagos state civil procedure rules 2012. High court of lagos state civil procedure rules 2004. The significant features in the high court of lagos state civil procedure rules, 2012 on the holistic perusal of the high court of lagos. Notice in the high court of lagos state nigerialaw. State high court civil procedure rules, 2012 has put in place commendable adr measures aimed at quick and just dispensation of justice.
High court of lagos state is the highest court of law in lagos state. High court of lagos state civil procedure rules 2012 order 1 citation, application and interpretation of high court of lagos state civil procedure rules 2012 1. Sep 26, 2012 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. 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. High court of lagos state civil procedure rules 2019 3 laws. 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. 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.
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