• TABLE OF CONTENTS
HIDE
 Main
 Legal Supplement
 Legal Supplement: pt. 1 Acts of...
 Legal Supplement
 Legal Supplement: pt. 2 Statutory...














Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00034
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: July 9, 1958
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00034
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 1
    Legal Supplement
        A-107
    Legal Supplement: pt. 1 Acts of the Federal Legislature: The Federal Supreme Court (Virgin Islands Appeals) Act, 1958
        A-108
        A-109
        A-110
        A-111
        A-112
    Legal Supplement
        B-126
    Legal Supplement: pt. 2 Statutory Instruments (No. 10 of 1958): The Federal Supreme Court (Original Jurisdiction) Rules, 1958
        B-127
        B-128
        B-129
        B-130
        B-131
        B-132
        B-133
        B-134
        B-135
        B-136
        B-137
        B-138
        B-139
        B-140
        B-141
        B-142
        B-143
        B-144
        B-145
        B-146
        B-147
        B-148
        B-149
        B-150
        B-151
        B-152
        B-153
        B-154
        B-155
        B-156
        B-157
        B-158
        B-159
        B-160
        B-161
        B-162
        B-163
        B-164
        B-165
        B-166
        B-167
        B-168
        B-169
        B-170
        B-171
        B-172
        B-173
        B-174
        B-175
        B-176
        B-177
        B-178
        B-179
        B-180
        B-181
        B-182
        B-183
        B-184
        B-185
        B-186
        B-187
        B-188
        B-189
        B-190
        B-191
        B-192
        B-193
        B-194
        B-195
        B-196
        B-197
        B-198
        B-199
        B-200
        B-201
        B-202
        B-203
        B-204
        B-205
        B-206
        B-207
        B-208
        B-209
        B-210
        B-211
        B-212
        B-213
        B-214
        B-215
        B-216
        B-217
        B-218
        B-219
        B-220
        B-221
        B-222
        B-223
        B-224
        B-225
        B-226
        B-227
        B-228
        B-229
        B-230
        B-231
Full Text




















THE WEST INDIES GAZETTE


Vol. 1 WEDNESDAY, 9th JULY, 1958. No. 34


LEGAL SUPPLEMENT

PART I-ACTS OF THE FEDERAL LEGISLATURE
(including regulations made under section 2 of the West Indies
(Federation) Order in Council, 1957)..

TABLE OF CONTENTS
No: Page
3 of 1958 The Federal Supreme Court
(Virgin Islands Appeals) Act, 1958 108


x
?~ 1. $7gpL7
x/ 5'~ 45








108 The Federal Supreme Court (Virgin Islands Appeals) Act, 1958


THE WEST INDIES


ACT No. 3 OF 1958

THE FEDERAL SUPREME COURT (VIRGIN
ISLANDS APPEALS) ACT, 1958.


ARRANGEMENT OF SECTIONS
Section
1. Short title and commencement.
2. Interpretation-general, references to superior court, references to
Attorney General, Territory, etc.
3. Same rights of appeal from Virgin Islands as from Territories of
Federation.
-4. Reception, detention and return of prisoners from the Virgin
Islands.
5. Part IV of Federal Supreme Court Regulations, 1958 applied to
appeals from Virgin Islands.







The Federal Supreme Court (Virgin Islands Appeals) Act, 1958 109


I ASSENT

HAILES,
[L.S.]
GOVERNOR-GENERAL

7th July, 1958.





An Act to confer on the Federal Supreme Court
jurisdiction to hear and determine appeals from the superior
courts of the Virgin Islands; to provide for appeals to Her
Majesty in Council from determinations of the Federal
Supreme Court made in the exercise of that jurisdiction; and
to provide for matters connected with the foregoing.

Be it enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Senate and the
House of Representatives of The West Indies, and by the
authority of the same, as follows:-

1. This Act may be cited as the Federal SupremeShort title
Court (Virgin Islands Appeals) Act, 1958 and shall comedmence-
into operation on such day as the Governor-General shall byment.
proclamation appoint.

2. (1) In this Act, unless the context otherwise ttio
requires- general,
"the Colony" means the Colony of the Virgin Islands;
"the Regulations" means the Federal Supreme CourtNo. 3 of
Regulations, 1958. 1958.







110 The Federal Supreme Court (Virgin Islands Appeals) Act, 1958


references
to superior (2) In this Act and in the Regulations references to
court, a superior court shall, in relation to the Colony, be construed
as references to any superior court of record (other than
the court established by the West Indian Court of Appeal
9 10 Geo. Act 1919) established for the Colony; and the Supreme
Court of the Windward Islands and Leeward Islands and
the Court of Appeal for the Windward Islands and Leeward
Islands shall each, in respect of its jurisdiction in the
Colony, be deemed to be a superior court of the Colony.
references
to Attorney (3) For the purposes of this Act, unless the context
General, otherwise requires, in the Regulations-
Territory
etc. (a) the references in Part III to the Attorney
General, in relation to the Colony means the
Attorney General of the Leeward Islands;
(b) references to a "Territory" shall be construed
as including references to the Colony;
(c) the reference in paragraph (1) of regulation
56 to "the date on which these Regulations came
into force" shall be construed as a reference to
the date appointed by the Governor-General
under section 2 of this Act.

same 3. The Federal Supreme Court shall have such
rights of
appeal jurisdiction to hear and determine appeals (including
from reserved questions of law and cases stated) from any
Virgin
Islands as superior court of the Colony as is exercisable by the Court
from. under the Regulations in respect of appeals from the
Territories
of Federa- superior courts of the Territories of the Federation and the
tion. provisions of the Regulations shall, insofar as they are
applicable and subject to this Act, govern all such appeals.

Reception, 4. (1) A judge of the Federal Supreme Court may issue
ndetrentn a warrant for the reception and detention at any territory
of prisoners comprised in the Federation of prisoners conveyed to that
from the territory under any law of the Legislature of the Colony
islanas. enacted under section 5 of the Virgin Islands (Appeals)
s. 1. 1957 Order in Council, 1957 and for the conveyance of such
No. 1746 prisoners out of that territory in order that they may be
returned to the Colony under any such law of the Legislature
of the Colony.








The Federal Supreme Court (Virgin Islands Appeals) Act, 1958 111

(2) During any period during which such a prisoner
is detained in custody under the authority of any such
warrant at any territory in which his attendance is required,
he shall be detained in such place and manner as prisoners
-of his category (whether convicted or awaiting trial as the
case may be) are detained in accordance with the law in
operation in such territory.

5. Part TV of the Regulations and the Schedulepart iv
thereto (both of which relate to appeals to Her Majesty inf Federal
Council) shall apply to any determination of the Federalcourt
Supreme Court made in the exercise of the jurisdiction to Regula-
tions, 1958
-hear and determine appeals (including reserved questionsapplied to
of law and cases stated) from the superior courts of theppea'ls
from
Colony conferred on the Federal Supreme Court under thisvirgin
Act. Islands.

Passed by the House of Representatives this 16th day
of June, 1958.

G. E. L. LAFOREST,
Clerk, House of Representatives.

E. R. L. WARD,
Speaker.

Passed by the Senate this 25th day of June, 1958.

D. F. MAYERS,
Clerk of the Senate.


Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.


























THE WEST INDIES GAZETTE


Vol. 1 WEDNESDAY 9th JULY, 1958 No. 34


LEGAL SUPPLEMENT


PART II-STATUTORY INSTRUMENTS


TABLE OF CONTENTS

No:
10 of 1958 The Federal Supreme Court (Original Jurisdiction)
Rules, 1958
11 of 1958 Proclamation bringing the Federal Supreme Court
(Virgin Islands Appeals) Act, 1958, into force
12 of 1958 The Federal Supreme Court (Virgin Islands Appeals)
Rules, 1958


Page


~zg 7a 797
-nl r3a









127 The Federal Supreme Court (Original Jurisdiction) Rules, 1958



THE WEST INDIES


STATUTORY INSTRUMENT No. of 1958.

THE FEDERAL SUPREME COURT (ORIGINAL JURISDICTION)
RULES, 1958.


Made by' the Chief Justice of The West Indies and two judges of the
Federal Supreme Court by virtue of the powers conferred upon them
by article 85 of the Constitution and by the Federal Supreme Court
Regulations, 1958.


TABLE OF CONTENTS

ORDER I
INTERPRETATION AND APPLICATION
Rule
1. Short title and commencement.
2. Application.
3. Application of Interpretation Regulations, 1958.
Interpretation in article 116 of the Constitution to apply.
4. Definitions.
5. Where no provision made in these Rules the practice and procedure of
High Court of Justice in England to apply.

ORDER II
PRELIMINARY
1. Number of copies to be filed.
2. Power of Court to enlarge time or direct departure from Rules.
3. Sessions.
4. Interlocutory applications.
5. Setting aside or varying order of Registrar.
6. Written proceedings.
7. List of Forms.
S. Title
ORDER III
PARTIES
1. Suits by or against a government.
2.. Joinder of plaintiffs.
3. Substitution or addition of parties.
4. Set-off or counter-claim not affected by misjoinder.
5. Joinder of defendants.
6. Defendant need not be interested in all relief claimed.
7. Plaintiff in doubt as to person from whom redress sought.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 128

8. Trustees, etc., may sue and be sued as representing estate.
9. Numerous persons with common interest.
10. Misjoinder and nonjoinder striking out and adding parties. Consent of
plaintiff.
11. Application to add, strike out, etc.
12. Amendment of writ of summons where defendant added.

ORDER IV
WRIT OF SUMMONS, ENDORSEMENT
OF CLAIM AND PROCEDURE. ETC.
1. Proceedings under Article 80 (1) (a) & (c) of the Constitution how
instituted.
2. Every action to be commenced by writ.
Representative capacity to be stated.
3. Indorsement of account.
4. Parties to be named.
5. Contents of writ.
6. Form of writ. All writs to be tested. Form 1.
7. Issue of writ.
8. Copies of writ.
9. Writ to be dated and numbered at head.
10. Copy of writ to be dated, numbered and certified.
11. Renewal of writ.

ORDER V
ENDORSEMENT OF ADDRESS FOR SERVICE.
1. Solicitor's address for service.
2. Plaintiff's address for service.
3. Proceedings not commenced by writ.

ORDER VI
APPEARANCE
1. Entry of appearance.
2. Appearance how entered.
3. Solicitor's address for service.
4. Defendant's address for service.
5. Memorandum irregular; address fictitious.
6. Memorandum of appearance. Form 2.
7. Notice of appearance.
8. Time for appearance.
9. Appearance of person other than a defendant.
10. Recovery of land.
11. Landlord appearing.
12. Recovery of land: Person not named defendant.
13. Recovery of land: limiting defence.
14. Setting aside writ.









129 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

ORDER VII
DEFAULT OF APPEARANCE
1. Default of appearance generally.
2. Judgment for costs.
3. Application for judgment.
4. Discretion as to giving or setting aside judgment.

ORDER VIII
APPLICATION FOR AN ACCOUNT
1. Orders for account.
2. Application, how made.

ORDER IX
THIRD PARTY PROCEDURE
1. Third party notice.
How issued.
Form and issue of notice. Form 3.
Effect of notice.
2. Appearance of third party. Form 4.
3. Non-appearance of third party.
4. Default of appearance by third party. Judgment against.
5. Application for directions.
6. What directions may be given, leave to defend etc.
.7. At trial.
8. Costs.
9. Fourth and subsequent parties.
10. Co-defendants.
11. Application of this Order to action under article 80 (1) (a) of the
Constitution.

ORDER X
JOINDER OF CAUSES OF ACTION
1. All causes of action may be joined.
2. Claims by joint plaintiffs.
3. Remedy for misjoinder.
4. Order for exclusion.

ORDER XI
PLEADINGS GENERALLY
STATEMENT OF CLAIM, DEFENCE AND COUNTERCLAIM
1. Filing and delivery of pleadings. Cost of prolix pleadings.
2. Marking pleadings.
3. Only material facts to be pleaded.
4. Pleading to allegations in a statement of claim.
5. Damages to be in issue without pleading.
6. Costs occasioned by failing to admit or deny facts.
7. Condition precedent.
8. Matters requiring to be specially pleaded.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 130

9. Notice.
10 Presumptions of law.
11. "Effect of documents to be stated.
12. Malice, knowledge, etc. Condition of mind.
13. Striking out and amendment of pleadings.
14. Technical objection to want of form.
15. Further and better statement, or particulars.
16. Procedure precedent to application to strike out, etc.
17. Pleas to accompany application to strike out.
18. Filing of application for particulars and reply.

Statement of Claim
19. Contents of statement of claim.
20. Relief to be specifically stated.
21. Relief founded on separate grounds.
22. Time for delivery of statement of claim.
23. Claim beyond endorsement.

Defence and Counterclcim
24. Mere denial insufficient.
25. Defences in other actions.
26. Distinct grounds.
27. Time for delivery of defence.
28. Proper admissions not made.
29. Counterclaim
30. What right or claim may be set up by way of counterclaim.
31. Set-off.
32. Contents of counterclaim.
33. Incorporation in counterclaim of facts in defence.
34. Dismissal, etc.. of plaintiffs not to affect counterclaim.
35. Judgment on counterclaim.
36. Separate trials.
37. Reply.
38. Reply to counterclaim.
39. No subsequent pleading without leave.
40. Time of filing subsequent pleadings.

ORDER XII
MATTERS ARISING PENDING THE ACTION
1. Defence to claim.
2. Further defence or reply.
3. Confession of defence.

ORDER X II
OBJECTIONS IN POINT OF LAW
1. Points of law may be raised by pleadings.
2. Dismissal of action. Scope of Rules. Objection in point of law.
3. Striking out pleading where no reasonable cause of action disclosed.
4. Declaratory judgment.









131 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

ORDER XIV
DISCONTINUANCE
1. Discontinuance of claim by plaintiff, and of counter-claim by defendant.
2. Discontinuance by leave of the Court.
3. Withdrawal by consent.
4. Entering judgment on discontinuance.
5. Staying action until costs paid.

ORDER XV
DEFAULT OF PLEADING
1. Default of plaintiff in delivering statement of claim.
2. Defendant in default.
3. Close of pleadings on default.
4. Reply to counter-claim.
5. Default of third party.
6. Setting aside judgment by default, or the setting down hereunder.
7. Notice to defendant.

ORDER XVI
AMENDMENT OF ENDORSEMENT, PLEADINGS, ETC.
GENERAL PRINCIPLES
1. Amendment of endorsement and pleadings.
2. Manner in which amendment is to be made.
3. Date of order and date of amendment to be marked.
Delivery of amended pleading.
4. Clerical errors.
5. General power to amend defect or error in proceedings.

ORDER XVII
STATED CASES
1. Stating questions of law.
2. Special case by order before trial.
3. Contents of case stated.
4. Reference to documents.
5. Inferences from facts and documents.
6. Argument confined to facts in case.
7. Signing and filing of case stated.
8. \Vritten agreement of parties.
9. Oral agreement before Court.
10. Pro edure in absence of agreement.
11. Set down.
12. References as to interpretation of Constitution.

Issues of Fact Il'ithout Pleadings
13. Hearing of questions of fact agreed upon.
f4. Order for payment of sum of money.
15. Entry of judgment upon the finding.
16. Record of proceedings.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 132

ORDER XVIII
SUMMONS FOR DIRECTIONS
1. Sunmnons for directions.
2. Contents of application.
Form 5.
3. Judge to consider all matters and make orders etc.
Admissions and agreements to be made. Particular matters for
consideration.
4. Duty to make all interlocutory applications on summons for directions.
5. Failure to take out summons.

ORDER XIX
DISCOVERY AND INSPECTION
1. Discovery by interrogatories.
2. Application for leave to deliver interrogatories.
3. Costs of interrogatories.
4. Form of interrogatories. Form 6.
5 Objections to interrogatories by answer.
6. Affidavit in answer, filing.
7. Form of affidavit in answer. Form 7.
8. Order to answer or answer further.
9. Application for discovery of documents.
10. Affidavit of documents. Form 8.
11. Power to order lists of documents in lieu of affidavit.
12. Production of documents.
13. Inspection of documents referred to in pleadings or affidavit.
14. Notice to produce. Form 9.
15. Time for inspection when notice given under rule 14. Form 10.
16. Order for inspection.
17. Verified copies.
18. Power to order discovery of particular document or class of documents.
19. Premature discovery.
20. Order to file further affidavit of documents.
21. Non-compliance with order for discovery.
22. Service on solicitor of order for discovery.
23. Attachment of solicitor.
24. Using answer to interrogatories at trial.
25. Discovery against the Government.
26. Order to apply to infants.
27. Security.
ORDER XX
ADMISSIONS
1. Notice of admission of facts.
2. Notice to admit documents and costs of refusal or neglect to admit.
Form of notice to admit documents. Form 11.
3. Notice to admit facts.
Form of notice to admit facts. Form 12.
Form of admission of facts. Form 13.









133 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

4. Costs of refusal or neglect to admit.
5. Admission limited to particular cause or matter.
6. Amendment of admission.
7. Judgment or order upon admissions of facts.
S. Affidavit of signature to admissions.
9. Affidavit of service.
10. Costs of notice where documents unnecessary.

ORDER XXI
ISSUES, INQUIRIES AND ACCOUNTS
1. Issues may be prepared and settled.
2. Inquiries and accounts when directed.
3. Time for furnishing account.
4. Special directions as to mode of taking account.
5. Accounts to be verified by affidavit.
6. Mode of vouching accounts.
7. Surcharging and falsifying.
8. Answer by accounting party.
9. Time to be fixed for consideration of accounts and objections.
10. Determination of objections.
11. Settlement of account.
12. Deposit for remuneration of accountant.
13. Form of account.
14. Deposit of account to be notified.
15. Application for judgment.
16. Inquiry as to outstanding estate.
17. Accounts and inquiries to be numbered.
18. Just allowances.
19. Costs.

ORDER XXII
ENTRY FOR HEARING OR TRIAl.
1. Request for hearing by plaintiff. Form 14.
2. Request for hearing by defendant. Application to dismiss for want of
prosecution.
3. When cause or matter ripe for hearing.
4. Papers for the Court.
5. Notice of filing.
6. Hearing List.
7. When cause or matter deserted.
8. When cause or matter abandoned.
9. Date of hearing.
10. Postponement of hearing.
11. Information to Registrar of settlement, etc.

ORDER XXIII
TRIAL, JUDGMENT AND ORDERS
Proceeding at Trial
1. Absence of parties.
2. Default of appearance by defendant at trial.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 134

3. Default of appearance by plaintiff.
4. Judgment by default may be set aside on terms.
5. Adjournment of trial.
6. Disallowance of vexatious questions in cross-examination.
7. Judgment to be entered at or after trial.
8. Times of commencement and termination of trial.

Judgments and Orders
9. Minute of judgment or order.
10. Drawing up judgment or order.
11. Settling and passing judgment or order without notice.
12. What orders need not be drawn up.
13. Time to be stated for doing any act ordered to be done.
14. Payment by instalments.
15. Interest.
16. Assessment of damages.
17. Damages in respect of continuing cause of action.
18. Judgment to be definite.
19. Effect of judgment by default.
20. Payment of costs.
21. Judgment by consent.
22. Consent to be filed.
23. Judgment by consent. Counterclaim.
24. Entry of satisfaction.

ORDER XXIV
EXHIBITS
1. List of exhibits.
2. Custody of exhibits after trial.
3. Office copy of list of exhibits.

ORDER XXV
EXECUTION
1. Execution to be by writ.
Form 15.
2. Writ invalid if wrong person named therein.

ORDER XXVI
SECURITY FOR COSTS
1. Security for costs.

ORDER XXVII
TRANSFER AND CONSOLIDATION OF ACTIONS
1. Power of one Judge to hear cause or matter for another.
2. Consolidation of causes or matters.









135 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

ORDERS XXVIII
MOTIONS AND OTHER APPLICATIONS
1. Application by motion.
2. Where notice of motion to be given.
3. Length of notice of motion.
4. Motions may be adjourned or dismissed where necessary notice not
given.
5. Adjournment of hearing.
6. Service of notice on defendant served with writ, but not appearing.
7. Service of notice of motion with writ.
8. Form of notice of motion. Form 16.

ORDER XXIX
APPLICATIONS AND PROCEEDINGS IN CHAMBERS-
SUMMONSES
1. Business in chambers.
2. Applications to be by summons.
Form of summons. Form 17.
Ex parte applications.
3. Service of summons.
4. Proceeding ex parte where any party fails to attend.
5. Re-consideration of ex parte proceedings.
6. Costs thrown away by non-attendance of any party.
7. Further attendance where summons not fully disposed of.
8. What matters to be included in same summons.
9. Adjournment into Court, or into Chambers.
10. Disposal of business by one Judge for another.
11. Issue of summons.
12. Power to direct hearing in Court.
13. Form of Order. Form 18.
14. Appeals from chambers.

ORDER XXX
APPLICATIONS ON ORIGINATING SUMMONS
1. Construction of deed, etc.
2. Construction of laws.
3. Service.
4. Evidence.
5. Discretion of Court.
6. Issue and service of originating summons.
Directions as to persons to be served.
7. Form of originating summons. Forms 19, 20 and 21.
8. Appearance to originating summons.
9. Attendance under originating summons. Form 22.

ORDER XXXI
APPLICATIONS FOR MANDAMUS OR PROHIBITION
1. Meaning of prerogative order.
2. Proceedings for mandamus or prohibition where instituted.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 136

3. Abolition of order nisi, rule nisi and summons to show cause.
4. Application for mandamus, etc., not to be made without leave.
Form df statement. Form 23.
5. Application to be by notice of motion or summons.
Form of notice of motion or summons.
Forms 24A and B.
6. Statements and affidavits.
7. Right to be heard in opposition.

ORDER XXXII
SERVICE OF MWRITS AND OTHER DOCUMENTS
1. Change of address for service.
2. Dies Non.
3. Documents requiring personal service.
4. Manner of personal service.
5. Substituted service.
6. Undertaking to accept service.
7. Service on particular Departments.
8. Service on an authority of the Federation or of a Territory.
9. Service when not personal service.
10. Person by whom service to be effected and proof of service.
11. Service where no appearance or no address for service.
12. Telegraphic copies.
13. Time of day for service.
14. Showing original order on service.
15. Service of notices from Supreme Court.
16. Service upon solicitor or party formerly appearing in person.
17. Service upon solicitor of person not a party.
18. Indorsement on service.

ORDER XXXIII
FEES OF COURT
1. Government of Federation or Territory exempted from payment of fees.
2. Fees of Court in Appendix B.

ORDER XXXIV
TAXATION OF COSTS
1. Fees of legal practitioners, witnesses, etc.
2. Legal practitioners' fees.
3. Witnesses' charges and allowances.
4. Fees of interpreters, witnesses, etc. in Appendix D.
5. Taxation of costs.
6. Solicitor and client costs.
7. Attendance of parties on taxation.
8. Objections to Taxation. Review.
9. Review of taxation by Taxing Officer.
10. Review of decision of Taxing Officer.
11. Reference to Judge in chambers.









137 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

ORDER XXXV
SUBPOENA
1. Forms of praecipe for a subpoena.
2. Deposit of expenses by party.
3. Form of writ of subpoena. Forms 26, 27 and 28.
4. Consent of Judge for subpoena of witness on foreign law, etc.
5. Discretion of Judge.
6. Subpoena restricted to four persons.
7. Subpoena duces tecum restricted to three persons.
8. Attachment of witness in default.
9. Within what time subpoena to be served.
10. Duration of subpoena.

ORDER XXXVI
CONTEMPT OF COURT
1. Proceedings for contempt by notice of motion.
2. Contents of notice.
3. Contempt in Court's presence.
4. Writ for recovery of a fine.
5. Writ of committal.

ORDER XXXVII
SHORTHAND RECORDS
1. Shorthand writers.
2. Oath or affirmation.
3. Form of oath or affirmation.
4. Certification of notes and transcriptions.
5:- Certified notes, etc., deemed to be correct.
6. Order for transcription.

ORDER XXXVIII
REGISTRIES
1. Central Registry and Sub-Registries.
2. Registrar and Deputy Registrars.
3. Deputy Registrar to perform duties of Registrar.
4. Taking of oaths and affidavits.
5. Seals of Registry.
6. Documents requiring signature.
7. How proceedings to be filed.
8. How proceedings to be filed.
9. Record Books.
10. Covers.
11. Indexes to files to be kept.
12. Inspection of files.
13. Restrictions on removal of documents from Registry.
14. Forwarding copies of proceedings to Central Registry.
15. Money paid into Court on order.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. I 138

ORDER XXXIX
RIGHT OF AUDIENCE
1. Right of audience.

APPENDIX A
Forms.
APPENDIX B
Fees of Court.
APPENDIX C
Legal Practitioners' Fees.

APPENDIX D
Witnesses', Interpreters', Special Commissioners' and Examiners' Fees.





The Chief Justice and two Judges of the Federal Supreme Court in exercise
of the powers conferred upon them by article 85 of the Constitution of The
West Indies and by the Federal Supreme Court Regulations. 1958 hereby
make the following rules:-

ORDER I
INTERPRETATION AND APPLICATION
1. These Rules may be cited as the Federal Supreme Court (Original hort title
Jurisdiction) Rules, 1958, and shall come into operation on the .Seveth. amnd e
day of .......... J l. ............ 1958. ment.

2. These Rules shall apply in all proceedings instituted in the Federal Appliea-
Supreme Court in the exercise of its original civil jurisdiction under articles tion.
42, 80 and 81 of the Constitution and to all such proceedings taken on or
after that day in all causes or matters then pending; provided that in
proceedings under article 42, these Rules shall apply subject to the Federal
Legislature (Membership Controversies) Rules, 1958.

3. (1) The provisions of the Interpretation Regulations. 1958, shall, Appliea-
unless inconsistent with the context, be applied in the interpretation of these nonr e-
Rules as if these Rules were an Act. station
Regula-
tions, 1958.

(2) The expressions interpreted in article 116 of the Constitution Interpre-
shall have the same meaning when used in these Rules. station in
article 116
of the
Constitu-
tion to
apply.









The Federal Supreme Court (Original Jurisdiction) Rules,
139 1958-0. I

Defini- 4. In these Rules, unless it is expressly provided or the context
tions. otherwise requires -
"action" means a civil proceeding commenced by a writ or in such
other manner as is prescribed by Rules of Court, but does not
include a criminal proceeding by the Crown;
"advocate" means any legal representative duly authorised by a
party to legal proceedings in the Federal Supreme Court and
having the right of audience in the Court;
"cause" includes a suit and criminal proceedings;
"Central Registry" means the registry of the Federal Supreme
Court under the direct supervision and control of the Registrar
which expression for the purposes of this definition does not
include Deputy Registrar;
"Court" or "Supreme Court" means the Federal Supreme Court
of The West Indies;
"defendant" includes a respondent or person against whom relief
is sought by originating process;
"deputy registrar" means any person appointed as such in terms
of regulation 4 of the Regulations;
"file" means file in a Registry, and "filed" and "filing" have
corresponding meanings;
"Judge" means a Judge of the Court including the Chief Justice
and in the expression "Court or a Judge" means a Judge of the
Court sitting in chambers;
"judgment" includes decree and order;
"legal representative" means any barrister, advocate, solicitor,
attorney or legal practitioner admitted to practise as such in any
part of the Federation whether or not he has the right of audience
in the Supreme Court;
"matter" includes a proceeding in a Court, whether between
parties or not, and also an incidental proceeding in a cause or
matter;
"originating summons" means every summons not in any pending
cause or matter;
"party" and "parties" include as well as the plaintiff and
defendant -
(a) a person not originally a party against whom a counterclaim
is set up or who has been served with notice to appear under
any of these Rules;
(b) a person served with notice of or attending a proceeding
although not named on the record in the process;
"person" with reference to a party to any proceedings includes
the Federation, a Territory or any person representing either
the Federation or a Territory;
"plaintiff" includes an applicant or person seeking relief against
another person by a form of proceedings in the Court;









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. II 140

"proceeding" includes action, cause, matter and suit:
"Registrar" means the Registrar of the Federal Supreme Court
and includes a Deputy Registrar or other officer for the time
being discharging the duties of the Registrar or Deputy
Registrar;
"Regulations" means the Federal Supreme Court Regulations,
1958;
"Sheriff" means and includes the Sheriff, Bailiff or Marshal of
the Territory in which the process of the Supreme Court falls
to be executed and includes the deputy sheriff, or under sheriff,
or deputy marshal of such Territory;
"Solicitor" means any person who is entitled to practice in the
superior Court of a Territory not being an advocate;
"sub-registry" means any registry of the Federal Supreme Court
other than the Central Registry;
"sue" means commence or take part in proceedings as plaintiff,
petitioner or applicant:
"suit" includes an action or original proceeding between parties;
"Taxing Officer" means the Registrar whose duty it is to tax
costs to be taxed in the Court;
"trial" includes hearing;
"writing" includes printing, typewriting, cyclostyling and other
similar methods of producing words in a visible form and
"written" has a corresponding meaning;
"written proceedings" means any affidavit, application, bill of
costs, confession, summons, declaration, defence, notice, state-
ment of claim or other document or pleading which is required
by these Rules to be filed.

5. In the exercise of its original jurisdiction where no provision Where no
exists in these Rules the practice and procedure of the Supreme Court shall provision
be exercised in substantial conformity with the practice and procedure for made in
the time being observed in England in the High Court of Justice. the prace
tice and
procedure
of
High Court
of Justice
in England
ORDER II to apply.
PRELIMINARY
1. Whenever under these Rules any document is required to'be filed Number of
with the Court, there shall also be filed three copies of such document but opiesl t
the Registrar may in any case order that a greater or less number of copies
shall be filed.








The Federal Supreme Court (Original Jurisdiction) Rules,
141 1958-0. II

Power of 2. (1) The Court or Judge may enlarge the time prescribed by these
Court to Rules for the doing of anything to which these Rules apply, or may direct a
time re departure from these Rules in any other way where this is required in the
direct interests of justice.
departure
from Rules. (2) An enlargement of time may be ordered although the application
for it is not made until the expiration of the time appointed or fixed.

Sessions. 3. Sessions of the Supreme Court shall be convened and constituted
and the time, venue, and forum for all sessions and hearing interlocutory
applications shall be settled in accordance with directions to be given by the
Chief Justice.
Inter- 4. Interlocutory applications may be heard and determined by one
locutory
appliea- Judge of the Supreme Court: Provided that no direction or order made on
tions. an interlocutory application shall operate so as to bar or prejudice the Supreme
Court from giving such decision upon the case as may be just.

Setting 5. Any person aggrieved by anything done or ordered to be done
aside or by a Registrar other than anything ordered or done by the direction of the
orderng Chief Justice, may apply to a Judge of the Supreme Court to have the act,
Registrar. order, or ruling complained of set aside or varied and the Judge may give
such directions or make such order thereon as he thinks fit. Such application
shall be made by notice of motion supported by affidavits setting out the
complaint and the relief sought.
Written 6. (1) All written proceedings in the Supreme Court shall be on foolscap
wings. of good quality unless the nature of the document renders it impracticable and
shall be clear and easily legible, and may be printed, cyclostyled, typewritten
or reproduced in photostat or in any combination of these media. The
typewriting or printing shall be double-spaced and only one side of the paper
shall be used and a margin of not less than two inches shall be left on the
left hand side of each sheet to permit of binding in book form.

(2) The statements made in any such document shall be divided into
paragraphs numbered consecutively, each paragraph containing as nearly as
can be a separate allegation.

(3) Dates, sums, and numbers shall be expressed in figures and not
in words.
List of 7. The forms prescribed in Appendix A or forms of like effect shall
Forms.
be used in all proceedings to which they are applicable with such variations
as the circumstances may require.

Title. 8. (1) The name of every plaintiff and defendant, the year, and the
number of the action as appearing on the writ of summons shall form the
title of the action, and every pleading, affidavit and document required by
these Rules to be filed in the Registry or served upon any party to the action
shall be entitled with the title of the action.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0.III 142

(2) In any action where there is more than one plaintiff or defendant
it shall be sufficient if any document other than the writ of summons is
entitled with the name of the first plaintiff or defendant, and it be stated that
there are other plaintiffs or defendants as the case may be.

ORDER III
PARTIES
Suits by
1. (1) In all proceedings in which the Federation or a Territory sue or or against
are sued, the Attorney General of the Federation or of the Territory, as the a govern-
case may be, shall be the nominal party. ment.

(2) For the purpose of this section the reference to the Attorney
General of a Territory includes the Crown Attorney of that Territory.

2. All persons may be joined in one action as plaintiffs, in whom any Joinder of
right to relief (in respect of or arising out of the same transaction or series plaintiffs.
of transactions) is alleged to exist, whether jointly, severally, or in the
alternative, (where if such persons brought separate actions any common
question of law or fact would arise; provided that, if upon the application of
any defendant it shall appear that such joinder may embarrass or delay the
trial of the action, the Court or a Judge may order separate trials, or make
such other order as may be expedient), and judgment may be given for such
one or more of the plaintiffs as may be found to be entitled to relief, for
such relief as he or they may be entitled to without any amendment. But
the defendant, though unsuccessful, shall be entitled to his costs occasioned
by so joining any person who shall not be found entitled to relief unless the
Court or a Judge in disposing of the costs shall otherwise direct.

3. Where any action has been commenced in the name of the wrong Substitu-
tion or
person as plaintiff, or where it is doubtful whether it has been commenced addition of
in the name of the right plaintiff, the Court or a Judge may, if satisfied that parties.
it is necessary for the determination of the real matter in dispute so to do.
order any other person to be substituted or added as plaintiff subject to his
consent in writing and upon such terms as may be just.

4. Where in any action any person has been improperly or Set-off or
counter-
unnecessarily joined as a co-plaintiff, and a defendant has set up a counter- claim not
claim or set-off, he may obtain the benefit thereof by establishing his set-off affected by
or counter-claim as against the parties other than the co-plaintiff so joined, misjoinder.
notwithstanding the misjoinder of such (plaintiff or any proceeding
consequent thereon.

5. All persons may be joined as defendants against whom the right Joinder of
to any relief is alleged to exist, whether jointly, severally, or in the alterna- defendants.
tive. And judgment may be given against such one or more of the
defendants, as may be found to be liable, according to their respective
liabilities, without any amendment.









The Federal Supreme Court (Original Jurisdiction) Rules,
143 1958-0. III

Defendant 6. It shall not be necessary that every defendant shall be interested
need not be as to all the relief prayed for, or as to every cause of action included in any
interested
itn ald proceeding against him; but the Court or a Judge may make such order as
relief may appear just to prevent any defendant from being embarrassed or put to
claimed, expense by being required to attend any proceedings in which he may have no
interest.

Plaintiff in 7. Where the plaintiff is in doubt as to the person from whom he is
doubt as to entitled to redress, he may join two or more defendants, to the intent that
person
from whom the question as to which, if any, of the defendants is liable, and to what extent,
redress may be determined as between all parties.
sought.

Trustees, 8. Trustees, executors, and administrators may sue and be sued on
ue ad mae behalf of or as representing the property or estate of which they are trustees
sued as or representatives, without joining any of the persons beneficially interested
represent- in the trust or estate, and shall be considered as representing such persons,
ing estate. but the Court or a Judge may, at any stage of the proceedings, order any of
such persons to be made parties, either in addition to or in lieu of the previously
existing parties.

Numerous 9. Where there are numerous persons having the same interest in
persons
with one cause or matter, one or more of such persons may sue or be sued, or may
common be authorized by the Court or a Judge to defend in such cause or matter, on
interest, behalf or for the benefit of all persons so interested.

Misjoinder 10. No cause or matter shall be defeated by reason of the misjoinder
and non- or nonjoinder of parties, and the Court may in every cause or matter deal
joinder
striking with the matter in controversy so far as regards the rights and interests of
out and the parties actually before it. The Court or a Judge may, at any stage of the
iarties. proceedings, either upon or without the application of either party, or upon
Consent of the application of any party who claims to be interested, and on such terms
plaintiff. as may appear to the Court or a Judge to be just, order that the names of any
parties improperly joined, whether as plaintiffs or defendants, be struck out,
and, that the names of any parties, whether plaintiffs or defendants, who ought
to have been joined, or whose presence before the Court may be necessary in
order to enable the Court effectually and completely to adjudicate upon and
settle all the questions involved in the cause or matter, be added. No person
shall be added as a plaintiff without his own consent in writing thereto.
Every party whose name is so added as deefndant shall be served with a writ
of summons or notice in manner herein provided; or in such manner as may
be prescribed by any special order, and the proceedings as against such party
shall be deemed to have begun only on the service of such writ or notice.

Applica- 11. Any application to add or strike out or substitute a plaintiff or
tion to add, defendant may be made to the Court or a Judge at any time before the trial
strike out,
etc. by notice of motion, or at the trial of the action in a summary manner.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. IV 144

12. (Where a defendant is added or substituted, the writ of summons Amend-
or originating summons shall be amended accordingly, and the plaintiff shall, ment of
I writ of
unless otherwise ordered by the Court or a Judge, file a copy of the writ or summons
originating summons as amended, and serve the new defendant with such where
amended writ or originating summons or notice in lieu of service thereof in the defendant
same manner as original defendants are served, and the proceedings shall be added.
continued as if the new defendant had originally been made a defendant.

ORDER IV
WRIT OF SUMMONS, ENDORSEMENT OF CLAIM
AND PROCEDURE, etc.

1. Unless the Chief Justice otherwise directs, all proceedings in an Proceed-
action taken under sub-paragraphs (a) and (c) of paragraph (1) of article 80 ings under
Article So
of the Constitution shall be instituted in the Central Registry. (1) (a)
and (c) of
the Cons-
titution
how insti-
tuted.

2. (1) Every action other than proceedings under Order XXXI shall Every
action to
be commenced by a writ of summons, to be issued out of the Registry, which e corn-
shall be indorsed with a statement of the nature of the claim made or of the meneed by
relief or remedy required in the action. writ.

(2) If any plaintiff sues, or any defendant is sued, in a representative Represen-
tative
capacity, the endorsement shall show in what capacity the plaintiff or defendant capacity
sues or is sued. to be
stated.

3. In all cases in which the plaintiff, in the first instance, desires to Indorse-
ment of
have an account taken, the writ of summons shall be indorsed with a claim account.
that such account be taken.

4. Every writ df summons shall state at the head thereof the name Parties to
of every plaintiff and defendant and shall contain in the body thereof the be named.
name and place of residence or business of every defendant as far as known.

5. Every writ of summons shall call upon the defendant to enter an Contents
appearance within ten days inclusive of the date on which service of the writ of writ.
was effected.

6. Writs of summons shall be in Form I in Appendix A to these Form of
Rules, with such variations as the nature of the case may require, and shall writ. All
be tested in the name of the Chief Justice or acting Chief Justice, or if there writs to be
be no Chief Justice or acting Chief Justice, in the name of a Federal Justice. termed.

7. The writ of summons shall be prepared by the plaintiff or his Issue of
solicitor, and shall be presented to the Registrar at the Central Registry, who writ.
shall date the writ as of the day of issue, and shall affix the seal of the Court








The Federal Supreme Court (Original Jurisdiction) Rules.
145 1958-0. V

thereto. The writ of summons when so dated and sealed shall be filed by
the Registrar, and shall then be deemed to be issued. The writ so filed is
hereinafter referred to as the original writ.

Copies of 8. At the time when any writ is presented to the Registrar to be
writ. filed, there shall be left at the Central Registry as many copies thereof as
may be required for service upon the defendants to be served.

Writ to be 9. The Registrar shall place at the head of each original writ the
dated and date of the year and the number of the writ. Writs of summons shall be
numbered
at head. numbered throughout each year in the order in which they are issued.

Copy of 10. The copy of a writ of summons to be served upon a defendant
wrlt to 1e shall be compared by the Registrar with the original writ, and shall be
numbered certified by him to be a true copy. and shall be dated, numbered and sealed by
and certi- him in like manner as the original writ.
fled.
Renewal of 11. No original writ of summons shall be in force for more than twelve
writ. months from the day of the date thereof, including the day of such date
except by leave of a Judge who, on application, may order that the original
writ be renewed for six months from the date of such renewal inclusive, and
so fi om time to time during the currency of the renewed writ. And the writ
shall in such case be renewed by being marked with a seal bearing the date
of the day, month, and year of such renewal; and a writ of summons so
renewed shall remain in force and be available to prevent the operation of any
statute whereby the time for the commencement of the action may be limited,
and for all other purposes from the date of the issuing of the original writ
of summons.

ORDER V
ENDORSEMENT OF ADDRESS FOR SERVICE

Solicitor's 1. The solicitor of a plaintiff suing by a solicitor shall indorse upon
address for the writ of summons before the same is issued, and upon every notice in lieu
service.
of service of a writ of summons, the address of the plaintiff and also his own
name and that of his firm and his place of business and also a proper place
to be called his address for service within five miles of the Central Registry
where all writs, notices, pleadings, petitions, orders, summonses, warrants and
other documents, proceedings and written communications, if not required to
be served personally, may be left for him.
Plaintiff's 2. A plaintiff suing in person shall indorse upon the writ of summons
service for before the same is issued, and upon every notice in lieu of service of a writ
of summons, his place of residence and occupation, and some proper place
within five miles of the Central Registry to be called his address for service,
where all notices, pleadings, petitions, orders, summonses, warrants and
other documents, proceedings and other written communications, if not
required to be served personally, may be left for him.









The Federal Supreme Court (Original Jurisdiction) Rules,
1598-0. VI


3. In all cases where the proceedings are commenced otherwise than Proceed-
by writ of summons, the preceding rules of this Order shall apply to the ing not
commenced
document by which such proceedings shall be originated as if it were a writ tv writ.
of summons, and the provisions of Order IV rule 8 shall apply to such
document.

ORDER VI
APPEARANCE

1. Except as hereinafter provided, a defendant shall enter appearance Entry of
in the Registry. appear-

2. A defendant shall enter his appearance to a writ of summons by Appear-
filing in the Registry in which proceedings are commenced a memorandum in :1ne hl'o
writing, dated on the day of its filing, and containing the name df the entered.
defendant's solicitor, or stating that the defendant defends in person.

3. The solicitor of a defendant appearing by a solicitor shall state in Solicitor's
the memorandum of appearance his place of business, and a place to be called address
for ser-
his address for service, which shall be within five miles of the Registry in ice.
which proceedings are commenced.

4. A defendant appearing in person shall state in the memorandum Defend-
of appearance his place of residence or of business, and a place to be called ant's
his address for service, which shall be within five miles of the Registry in sries for
which proceedings are commenced.

5. If the memorandum of appearance does not contain the address for lemllo-
ryltlid ll
service, it shall not be received. If such address shall be illusory or fictitious, irregular;
the appearance may be set aside by the Court or a Judge on the application address
of the plaintiff, fictitious.

6. The memorandum of appearance shall be in Form 2 in Appendix \Iello-
A to these Rules with such variations as the nature of the case may require. i'adui of
appear-
;1lCee.
Form 2.
7. A defendant shall not later than the day following the day on Notice of
which he enters an appearance give notice of his appearance to the plaintiff's appear-
solicitor, or, if the plaintiff sues in person, to the plaintiff himself. e.

8. A defendant may appear at any time before judgment. If he Time for
appear at any time after the time limited by the writ or notice of writ for appear-
appearance, he shall not, unless the Court or a Judge shall otherwise order, inCe.
be entitled to any 'further time for delivering his defence or for any other
purpose than if he had appeared according to the writ.

9. Any person other than a defendant entering an appearance in Appear-
compliance with any Rule of Court shall do so in like manner as a defendant a"ce of
is required to enter an appearance under this Order, psi tion
a defend-
nlt








The Federal Supreme Court (Original Jurisdiction) Rules,
147 1958-0. VII

Recovery 10. Any person not named as a defendant in a writ of summons for
of land, the recovery of land may by leave of the Court or a Judge appear and defend,
on filing an affidavit showing that he is in possession of the land, either by
himself or by his tenant.
Landlord 11. Any person appearing to defend an action for the recovery of land
appearing. as landlord in respect of property whereof he is in possession only by his
tenant shall state in his appearance that he appears as landlord.

Recovery 12. Where a person not named as defendant in any writ of summons
of land: for the recovery of land has obtained leave of the Court or a Judge to appear
Person not and defend, he shall enter an appearance according to the foregoing rules of
defend- this Order intituled in the action against the party named in the writ as
ant. defendant, and shall 'forthwith give notice of such appearance to the plaintiff's
solicitor, and shall in all subsequent proceedings be named as a party defendant
to the action.

Recovery 13. Any person appearing to a writ of summons for the recovery of
limiing land shall be at liberty to limit his defence to a part only of the property
defence. mentioned in the writ, describing that part with reasonable certainty in his
memorandum of appearance, or in a notice intituled in the action and signed
by him or his solicitor. Such notice shall be served upon the plaintiff within
four days after appearance; and an appearance, when the defence is not limited
as above-mentioned, shall be deemed to be an appearance to defend for the
whole.

Setting 14. (1) An entry of appearance shall not constitute a submission to the
aside jurisdiction of the Court and it shall not be necessary to enter a conditional
writ. appearance or an appearance under protest.

(2) A defendant shall be entitled either before entering appearance
or within seven days after entering appearance to take out and serve a
summons or serve notice of motion, to set aside the service upon him of the
writ or of notice of the writ or to discharge the order authorising such service
or to strike out the writ, on the ground that -

(i) the Court has no jurisdiction to determine all or part of the
plaintiff's claim, or
(ii) the issue or service of the writ was irregular.

(3) After the service of such summons or notice of-motion the
plaintiff shall not be entitled to obtain judgment in default or take any other
step in the action without leave of the Court or a Judge.

ORDER VII
DEFAULT OF APPEARANCE
Default of 1. Where any defendant fails to appear to a writ of summons, and
appear- the plaintiff is desirous of proceeding upon default of appearance under any
ance of the following rules of this Order or under Order VIII, he shall, before
generally. taking such proceeding upon default, file an affidavit of service, or of notice
in lieu of service, as the case may be.








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. VIII 148

2. Where the defendant fails, or all the defendants, if more than one, Judgment
fail to appear, but by reason of payment, satisfaction, abatement of nuisance, for costs.
or for any other reason it is unnecessary for the plaintiff to proceed with the
action, he may apply by summons for a judgment for costs.

3. In any case where the defendant, or all the defendants, if more Applica-
than one, fail to appear to the writ of summons, the plaintiff may subject to tion for
the provisions of Order VIII (where an account is claimed) on filing a judgment.
certificate of non-appearance and a statement of claim and a request for
hearing, have the action entered for hearing ex parte before a single Judge
and the Judge shall hear such action ex parte forthwith or fix a day for such
hearing and in such case may direct that notice of such fixture be served on
the defendant by registered post or otherwise and published in the Government
Gazette of the Territory in which the defendant is resident.

4. Where application for judgment is made pursuant to the preceding Discretion
Rules of this Order the Court or a Judge instead of giving judgment may as to giv-
make such order or give such directions as the Court or Judge may think fit; itg o set-
and where judgment has been obtained pursuant to the preceding rules of judgment.
this Order the Court or a Judge may set aside or vary such judgment upon
such terms as may be just.

ORDER VIII
APPLICATION FOR AN ACCOUNT

1. Where a writ of summons has been indorsed for an account under Orders for
Order IV rule 3, or where the endorsement on a writ of summons involves account.
taking an account, if the defendant either fails to appear, or does not after
appearance, by affidavit or otherwise, satisfy the Court or a Judge that there
is some preliminary question to be tried, an order for proper accounts, with
all necessary and usual inquiries and directions, shall, on application by the
plaintiff as provided in rule 2 of this Order, be forthwith made.

2. An application for such order as mentioned in the last preceding Appliea-
rule shall be made by summons, and be supported by an affidavit, when tion how
necessary, filed on behalf of the plaintiff, stating concisely the grounds of his
claim to an account. The application may be made at any time after the
time for entering an appearance has expired.

ORDER IX
THIRD PARTY PROCEDURE

1. (1) Where in any action a defendant claims as against any other Third
person not already a party to the action (in this Order called the third part
party) -
(a) that he is entitled to contribution or indemnity, or
(b) that he is entitled to any relief or remedy relating to or
connected with the original subject matter of the action and
substantially the same as some relief or remedy claimed by the
plaintiff, or








The Federal Supreme Court (Original Jurisdiction) Rules,
149 1958-0. IX

(c) that any question or issue relating to or connected with the
said subject matter is substantially the same as some question
or issue arising between the plaintiff and the defendant and
should properly be determined not only as between the
plaintiff and the defendant but as between the plaintiff and
defendant and the third party or between any or either of them.
he may, by leave of the Court or a Judge on an ex parte application supported
by affidavit issue and serve a notice( hereinafter called a third party notice).

How (2) A third party notice shall be issued in the same way as a writ of
issued. summons, and a copy of such notice shall be served on such person according
to the rules relating to the service of writs of summons.

Form and (3) The notice shall state the nature and grounds of the claim, or the
issue of nature of the question or issue sought to be determined and the nature and
For. e. extent of any relief or remedy claimed. The notice shall, unless otherwise
ordered by the Court or a Judge, be served within the time limited for
delivering the defence or where the notice is served by a defendant to a
counterclaim, the reply. Such notice may be in the form or to the effect of
Form No. 3 in Appendix A to these Rules with such variations as
circumstances may require, and therewith shall be served a copy of the writ
of summons or originating summons and of any pleadings delivered in the
action.

Effect of (4) The third party shall, as from the time of the service upon him of
notice, the notice, be a party to the action with the same rights in respect of his
defence against any claim made against him and otherwise as if he had been
duly sued in the ordinary way by the defendant.

Appear- 2. If the third party, who is served as mentioned in the preceding
of third rule, desires to dispute the plaintiff's claim in the action as against the
party. defendant on whose behalf the notice has been given, or his own liability to
Form 4. the defendant, he must enter an appearance in Form No. 4 in Appendix A to
these Rules within ten days or within such further time as may be directed
by the Court or a Judge and specified in the notice: provided that a third
party failing to appear within such time may apply to the Coul t or a Judge
for leave to appear, and such leave may be given upon such terms, if any, as
the Court or Judge shall think fit.

Nou- 3. If a third party duly served with a third party notice does not
appear-
ance of enter an appearance or makes default in delivering any pleading which he
third has been ordered to deliver, he shall be deemed to admit the validity of and
party. shall be bound by any judgment given in the action, whether by consent,
default or otherwise, and by any decision thereon on any question specified in
the notice; and when contribution or indemnity or other relief or remedy is
claimed against him in the notice, he shall be deemed to admit his liability in
respect of such contribution or indemnity or other relief or remedy.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. IX 150

4. Where a third party makes default in entering an appearance or Defulit of
delivering any pleading which he has been ordered to deliver, in case the appear'
defendant giving the notice suffers judgment by default, such defendant shall ird '
be entitled at any time, before or aft'r satisfaction of the judgment against pnrty.
himself, to apply to the Court or a Judge to enter judgment against the third Judgment
party to the extent of any contribution or indemnity claimed in the third party "-"inSt.
notice or by leave of the Court or Judge to enter such judgment in respect
of any other relief or remedy claimed as the Court or a Judge shall direct.
After satisfaction the application may be made ex parte: provided that it
shall be lawful for the Court or Judge to set aside or vary such judgment
against the third party upon such terms as may seem just.

5. (1) If the third party appears pursuant to the third party notice, the Applic;-
defendant giving the notice may, after serving notice of the intended application t"io for
upon the plaintiff, the third party and any other defendant, apply to the Court
or a Judge for directions and the Court or Judge may -

(a) where the liability of the third party to the defendant giving
the notice is established on the hearing of the application,
order such judgment as the nature of the case may require to
be entered against the third party in favour of the defendant.
giving the notice, or
(b) if satisfied that there is a question or issue proper to be tried
as between the plaintiff and the defendant and the third party
or between any or either of them as to the liability of the
defendant to the plaintiff or as to the liability of the third
party to make any contribution or indemnity claimed, in whole
or in part, or as to any other relief or remedy claimed in the
notice by the defendant or that a question or issue stated in
the notice should be determined not only as between the
plaintiff and the defendant but as between the plaintiff, the
defendant and the third party or any or either of them, order
such question or issue to be tried at or after the trial of the
action and in such manner as the Court or Judge may direct,
or
(c) dismiss the application.

(2) Any directions given pursuant to this rule may be given either
before or after any judgment has been signed by the plaintiff against the
defendant in the action, and may be varied from time to time and mav be
rescinded.

13) The third party proceedings may at any time le set aside by the
Court or Judge.

6. The Court or a Judge upon the hearing of the application What
mentioned in the last preceding rule may, if it shall appear desirable to do so, directions
give the third party liberty to defend the action, either alone or miy be
jointly with the original defendant upon such terms as may be leave to
just, or to appear at the trial and take such part therein as may be just, and defend etc.
generally may order such proceedings to be taken, pleadings or documents to
be delivered, or amendments to be made, and give su'h directions as to the










The Federal Supreme Court (Original Jurisdiction) Rules,
151 1958-0. IX

Court or Judge shall appear proper for having the question and the rights and
liabilities of the parties most conveniently determined and enforced, and as
to the mode and extent in or to which the third party shall be bound or made
liable by the decision or judgment in the action.

At trial. 7. (1) Where the action is tried, the Judge who tries the action may,
at or after the trial, enter such judgment as the nature of the case may require
for or against the defendant giving the notice, against or for the third party,
and may grant to the defendant or to the third party any relief or remedy
which might properly have been granted if the third party had been made a
defendant to an action duly instituted against him by the defendant: provided
that execution shall not be issued without leave of the Court or a Judge until
after satisfaction by the defendant of the judgment against him.

(2) Where the action is decided otherwise than by trial, the Court
or Judge may, on application by motion or summons, make such order as the
nature of the case may require, and, where the plaintiff has recovered judgment
against the defendant, may order such judgment as may be just to be entered
for or against the defendant giving notice against or for the third party.

Costs. 8. The Court or a Judge may decide all questions of costs as between
a third party and other parties to the action, and may order any one or more
of them to pay the costs of any other or others, or give such directions as to
costs as the justice of the case may require.

Fourth and 9. (1) Where a third party makes as against any person not already
subsequent
parties a party to the action such a claim as is defined in rule 1 of this Order, the
provisions of this Order regulating the rights and procedure as between the
defendant and the third party shall apply mutatis mutandis as between the
third party and such other person, and the Court or Judge may give leave to
such third party to issue a third party notice, and the preceding rules of this
Order shall apply mutatis mutandis, and the expression "third party notice"
and "third party" shall apply to and include every notice so issued and every
person served with such notice respectively.

(2) Where a person served with a notice under this rule by a third
party in turn makes such a claim as is defined in rule 1 of this Order against
another person not already a party to the action, this Order as applied by
this rule shall have effect as regards such further person and any other further
person or persons so served and so on successively.

Co-defend- 10. (1) Where a defendant claims against another defendant -
ants.
(a) that he is entitled to contribution or indemnity, or
(b) that he is entitled to any relief or remedy relating to or
connected with the original subject-matter of the action and
substantially the same as some relief or remedy claimed by
the plaintiff, or









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. X 152

(c) that any question or issue relating to or connected with the
said subject-matter is substantially the same as some question
or issue arising between the plaintiff and the defendant making
the claim and should properly be determined not only as
between the plaintiff and the defendant making the claim but
as between the plaintiff and that defendant and another
defendant or between any or either of them.
the defendant making the claim may without any leave issue and serve on
such other defendant a notice making such claim or specifying such question
or issue.

(2) No appearance to such notice shall be necessary and the same
procedure shall be adopted for the determination of such claim, question or
issue between the defendants as would be appropriate under this Order if he
were a third party.

(3) Nothing herein contained shall prejudice the rights of the
plaintiff against any defendant to the action.

11. In relation to any action brought under sub-paragraph (a) of Applica-
paragraph 1 of article 80 of the Constitution the expression "third party" in order to
this Order means the Federation and a Territory but no other person, action
under
Article 80
(1) (a) of
the Consti-
ORDER X tution.
JOINDER OF CAUSES OF ACTION

1. Subject to the following rules of this Order, the plaintiff mav unite All causes
in the same action several causes of action: but if it appear to the Court or a of action
judge that any such causes of action cannot be conveniently tried or disposed on ed.
of together, the Court or Judge may order separate trials of any such causes
of action to be had. or may make such other order as may be necessary or
expedient for the separate disposal thereof.

2. Claims by plaintiffs jointly may be joined with claims by them or Claims by
any of them separately against the same defendant plaintiffs.

3. Any defendant, alleging that the plaintiff has united in the same Remedy
for nis-
action several causes of action which cannot be conveniently disposed of jinder.
together, may at any time apply to the Court or a Judge for an order
confining the action to such of the causes of action as may be conveniently
disposed of together.

4. If. on the hearing o' such application as in the last preceding rule Order for
mentioned, it shall appear to the Court or a Judge that the causes of action are exclusion.
such as cannot all be conveniently disposed of together, the Court or a Judge
mav order any of such causes of action to be excluded, and consequential
amendments to be made, and may make such order as to costs as may he
just.








The Federal Supreme Court (Original Jurisdiction) Rules,
153 1958-0. XI

ORDER XI
PLEADINGS GENERALLY
STATEMENT OF CLAIM, DEFENCE AND COUNTERCLAIM
Filing and 1. The plaintiff shall, subject to the provisions of rule 22 of this
delivery of Order, and at such time and in such manner as therein prescribed, deliver to
pleadings.
Cost of the defendant a statement of his claim, and of the relief or remedy to which
prolix he claims to be entitled. The defendant shall, subject to the provisions of
pleadings. rule 27 of this Order, and at such time and in such manner as therein
prescribed, deliver to the plaintiff his defence, set-off, or counterclaim (if any),
and the plaintiff shall, subject to the provisions of rules 37 and 38 of this
Order, and at such time and in such manner as therein prescribed, deliver his
reply (if any) to such defence, set-off, or counterclaim. Such statements
shall be as brief as the nature of the case will admit, and the Taxing Officer
in adjusting the costs of the action shall at the instance of any party, or may
without any request, inquire into any unnecessary prolixity, and order the
costs occasioned by such prolixity to be borne by the party chargeable with
the same. All pleadings shall be filed with the Registrar before delivery to
the opposite party as required by this rule.

Marking 2. Every pleading shall state the title of the action and the
pleadings. description of the pleading and the date on which it is filed with the Registrar,
and on the last sheet of it there sFhall be endorsed the name and address of the
legal representative filing the same, or the name and address of the party if
he does not act by a legal representative.

Only 3. Every pleading shall contain, and contain only, a statement in a
material summary form of the material facts on which the party pleading relies for his
facts to claim or defence, as the case may be, but not the evidence by which they are to
be pleaded. be proved, and shall, when necessary, be divided into paragraphs numbered
consecutively. Signature of counsel shall not be necessary; but where
pleadings have been settled by counsel or a special pleader they shall be signed
by him; and if not so settled they shall be signed by the solicitor or by the
party if he sues or defends in person.
Pleadings 4. Except as provided by rule 5 of this order, every allegation in a
to allega- statement of claim shall be dealt with by the opposite party specifically. He
statement must admit or deny every allegation, or state that he has no knowledge
of claim, concerning it, or confess and avoid it. Every allegation not so dealt with shall
be taken to be admitted.
Damages 5. No denial or defence shall be necessary as to damages claimed or
to be in their amount, but they shall be deemed to be put in issue in all cases unless
issue with-
out plead- expressly admitted.
ing.

Costs 6. Where the Court is of opinion that any allegation of fact denied
occasioned or not admitted by the defendant ought to have been admitted, the Court may
by failing
to admit make such order as shall be just with respect to any extra costs occasioned
or deny by its having been denied or not admitted.
facts.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XI 154

7. Any condition precedent, the performance or occurrence of which Condition
is intended to be contested, shall be distinctly specified in his pleading by the precedent.
plaintiff or defendant (as the case may be) ; and, subject thereto, an averment
of the performance or occurrence of all conditions precedent necessary for
the case of the plaintiff or defendant shall be implied in his pleading.

8. The defendant or plaintiff (as the case may be) must raise by his Matters
pleading all matters which show the action or counterclaim not to be requiring
maintainable, or that the transaction is either void or voidable in point df to be
law, and all such grounds of defence or reply, as the case may be, as if not spedia
raised would be likely to take the opposite party by surprise, or would raise
issues of fact not arising out of the preceding pleadings, as, for instance, fraud,
statute of limitations, release, payment, performance, facts showing illegality
either by statute or common law, or Statute of Frauds.

9. Wherever it is material to allege notice to any person of any fact, Notice.
matter, or thing, it shall be sufficient to allege such notice as a fact, unless the
form or the precise terms of such notice, or the circumstances from which
such notice is to be inferred, be material.

10. Neither party need in any pleading allege any matter of fact which Presump-
the law presumes in his favour or as to which the burden of proof lies upon tons of
the other side, unless the same has first been specially denied (e.g., law.
consideration for a bill of exchange where the plaintiff sues only on the bill,
and not for the consideration as a substantive ground of claim).

11. Wherever the contents of any document are material, it shall be Effect of
sufficient in any pleading to state the effect thereof as briefly as possible, documents
without setting out the whole or any part thereof, unless the precise words of to be
the document or any part thereof, are material.

12. Wherever it is material to allege malice, fraudulent intention, Malice,
knowledge or other condition of the mind of any person, it shall be sufficient knowledge
to allege the same as a fact without setting out the circumstances from which etc.
the same is to be inferred, of mind.

13. (1) A Judge may at any stage of the proceedings order to be struck Striking
out or amended out and
amendment
of plead-
(a) any argumentative or irrelevant or superfluous matter stated ings.
in any pleading,
(b) any evasive or vague and embarrassing or inconsistent and
contradictory matter stated in any pleading,
(c) any matter stated in any endorsement or pleading which may
be unnecessary or scandalous or which may tend to prejudice,
embarrass or delay the fair trial of the action;
and may in any such case, if he shall think fit, order the costs of the application
to be paid as between solicitor and client.

(2) Any application made under this rule shall be made in chambers
by notice under an application for directions.









The Federal Supreme Court (Original Jurisdiction) Rules,
155 1958-0. XI

Technical 14. No technical objection shall be raised to any pleading on the
obje tion ground of any alleged want of form.
to want of
form.

Further 15. A further and better statement of the nature of the claim or
and better defence, or further and better particulars of any matter stated in any pleading,
statement,
.or par- notice, or written proceeding requiring particulars, may in all cases be
ticulars. ordered, upon such terms, as to costs and otherwise, as may be just.

Procedure 16. (1) Before applying to a Judge by summons or notice -
precedent
to applica- (a) to strike out any portion of a pleading on any grounds, or
tion to
strike out, (b) for a further and better statement of the nature of the claim
etc. or defence, or

(c) for particulars,
the party complaining, or desiring particulars, may state by letter to the other
party the nature of his complaint, or of the particulars he requires, and call
upon the other party to amend his pleading so as to remove the cause of
complaint or to furnish the required particulars, as the case may be.

(2) The costs of any such necessary letter and of any matters
incidental thereto, including any necessary conferences with counsel, shall be
allowable on taxation.

(3) In dealing with the costs of any application to strike out, or for
a further and better statement of the nature of the claim or defence, or for
particulars, the provisions of this rule shall be taken into consideration by
the Judge.

Pleas to 17. A party shall state all pleas and make all his applications to strike
accompany
applcation out at once: Provided that where application for particulars or a better
to strike statement or to strike out is made, it shall not be necessary to plead to the
out. merits of the case.

Filing of 18. Any party who has applied for particulars shall file with the
application Registrar copies of his application and of the reply received to it. These copies
for par-
ticulars shall be filed at least four days before the day fixed for the hearing of the
and reply. principal application under rule 16 of this Order.

Statement of Claim
Contents of 19. Every statement of claim shall state truly and concisely the name
statement
of claim, and description of the party suing and his place of residence or place of
business, and, if he sues in a representative capacity, the capacity in which
he sues; the name of the defendant and his place of residence or place of
business, and, if he is used in a representative capacity, the capacity in which
he is sued; the nature, extent and grounds of the cause of action, complaint
or demand.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XI 156

20. Every statement of claim shall state specifically the relief which Relief to
the plaintiff claims, either simply or in the alternative, and it shall not be be specif-
ically
necessary to ask for general or other relief, which may always be given, as stated.
the Court or a Judge may think just, to the same extent as if it had been
asked for. And the same rule shall apply to any counterclaim made, or relief
claimed by the defendant, in his defence.

21. Where the plaintiff seeks relief in respect of several distinct claims Relief
or causes of complaint founded upon separate and distinct grounds, they shall founded on
separate
be stated, as far as may be, separately and distinctly. And the same rule shall grounds.
apply where the defendant relies upon several distinct grounds of defence,
set-off, or counterclaim, founded upon separate and distinct facts.

22. Subject to the provisions of Order VII rule 3, as to filing a Time for
statement of claim when there is no appearance, the plaintiff shall file with statement
the Registrar and deliver a statement of claim either with the writ of of claim.
summons or notice in lieu of the writ of summons, or within fourteen days
after appearance.

23. Whenever a statement of claim is delivered the plaintiff may Claim
therein alter, modify, or extend his claim without any amendment of the beyond
endorsement of the writ. Provided that the statement required by paragraph mndoset
(1) (b) of rule 2 of Order IV relating to the plaintiff's choice of law may
not be modified in the statement of claim without amending the endorsement
on the writ, such amendment to be made only by order of the Court or a Judge.

Defence and Counterclaim
24. In actions for a debt or liquidated demand in money, a mere Aelre denial
denial of the debt shall be insufficient. in-
sufficient.
25. A defence in denial must deny such matters of fact, from which Defences
the liability of the defendant is alleged to arise, as are disputed. in other
actions.
26. The same rule shall apply where the defendant relies upon several Distinct
distinct grounds of defence, set-off or counterclaim founded upon separate and grounds.
distinct facts.

27. When a statement of claim has been delivered to a defendant he Time for
shall deliver his defence within fourteen days from the day on which the delivery of
statement of claim is delivered or from the time limited for appearance, defence.
whichever shall be the later.

28. (Where the Court or a Judge shall be of opinion that any Proper
allegations of fact denied or not admitted by the defence ought to have been admissions
admitted, the Court or Judge may make such order as shall be just with not made.
respect to any extra costs occasioned by their having been denied or not
admitted.

29. Where any defendant seeks to rely upon any grounds as supporting Counter-
a right of counterclaim, he shall, in his defence, state specifically that he does claim.
so by way of counterclaim.









The Federal Supreme Court (Original Jurisdiction) Rules,
157 1958-0. XI

What right 30. The defendant may set up by way of counterclaim any right of
or claim claim he may have against the plaintiff, and such counterclaim shall have the
may be set
up by way same effect as a cross-action, so as to enable the Court to pronounce a final
of counter- judgment in the same hearing both on the original claim and on the counter-
claim. claim provided that a counterclaim shall not be pleaded which would not, if
the claim in that counterclaim were made by a plaintiff in an action, be within
the jurisdiction of the Court.

Set-off. 31. Where legally entitled to do so, the defendant may set off his
counterclaim against the plaintiff's claim.

Contents 32. A counterclaim shall be so described and shall set forth in
of counter- paragraphs separate and distinct from the defence the nature, the extent and
claim, grounds of the cause of action, complaint or demand.

Incorpora- 33. Facts and allegations already set forth in the defence, or in the
tion in statement of claim and admitted in the defence, may be incorporated in the
counter- counterclaim by reference to the relevant paragraphs.
claim of
facts in
defence.

Dismissal, 34. If, in any case in which the defendant sets up a counterclaim, the
etcii of action of the plaintiff is stayed, discontinued or dismissed, the counterclaim
not to may nevertheless be proceeded with.
affect
counter-
claim.

Judgment 35. Where in any action a set-off or counterclaim is established as a
on counter- defence against the plaintiff's claim, the Court may, if the balance is in favour
claim. of the defendant, give judgment for the defendant for such balance, or may
otherwise adjudge to the defendant such relief as he may be entitled to upon
the merits of the case.

Separate 36. The Court may, for good cause shown, order the plaintiff's claim
trials. or the counterclaim to be tried separately.

Reply. 37. Where the plaintiff desires to deliver a reply, he shall file and
deliver it within fourteen days from the delivery of the defence.

Reply to 38. Where a counterclaim is pleaded, a reply thereto shall be subject
counter- to the rules applicable to defences.
claim.
No subse- 39. No pleading subsequent to reply other than a joinder of issue
uentg shall be delivered without leave of a Judge, and then upon such terms as the
without Judge shall think fit.
leave.

Time of 40. Subject to the last preceding rule, every pleading subsequent to
filing reply shall be delivered within fourteen days from the day on which the copy
pleadings of the previous pleading is delivered.
pleadings. of the previous pleading is delivered.










The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XII 158

ORDER XII
MATTERS ARISING PENDING THE ACTION

1. (1) Any ground of defence which has arisen after action brought, but Defence
before the defendant has delivered his defence, and before the time limited to claim.
for his doing so has expired, may be raised by the defendant in his defence,
either alone or together with other grounds of defence.

(2) If, after a defence has been delivered, any ground of defence
arises to any set-off or counterclaim alleged therein by the defendant, it may
be raised by the plaintiff in his reply, either alone or together with any other
ground of reply.

2. Where any ground of defence arises after the defendant has Further
defence or
delivered a defence, or after the time limited for his doing so has expired, the reply.e or
defendant may, and where any ground of defence to any set-off or counter-
claim arises after reply, or after the time limited for delivering a reply has
expired, the plaintiff may, within fourteen days after such ground of defence
has arisen, or at any subsequent time, by leave of the Court or a Judge,
deliver a further defence or further reply, as the case may be, setting forth
the same.

3. Whenever any defendant, in his defence, or in any further defence Confession
as in the last rule mentioned, alleges any ground of defence which has arisen defence.
after the commencement of the action, the plaintiff may deliver a confession
of such defence and may thereupon apply ex parte to the Judge for an order
for his costs up to the time of the pleading of such defence, unless the Court
or a Judge shall, either before or after the delivery of such confession,
otherwise order.

ORDER XIII
OBJECTIONS IN POINT OF LAW

1. Any party shall be entitled to raise by his pleading any point of Points of
law, and any point so raised shall be disposed of by the Judge who tries the raised be
cause at or after the trial, provided that by consent of the parties, or by order pleadings.
of the Court or a Judge on the application of either panty, the same may be
set down for hearing and disposed of at any time before the trial.

2. If, in the opinion of the Court or a Judge, the decision of such Dismissal
of action,
point of law substantially disposes of the whole action, or of any distinct Scope of
cause of action, ground of defence, set-off, counterclaim, or reply therein, the Rules.
Court or Judge may thereupon dismiss the action or make such other order in point
therein as may be just. of law.

3. The Court or a Judge may order any pleading to be struck out, Striking
on the ground that it discloses no reasonable cause of action, or answer, and out plead-
ing where
in any such case or in case of the action or defence being shown by the no reason-
pleadings to be 'frivolous or vexatious, the Court or a Judge may order the able cause
action to be stayed or dismissed, or judgment to be entered accordingly, as of action
may be just. disclosed.








The Federal Supreme Court (Original Jurisdiction) Rules,
159 1958-0. XIV

Declara- 4. No action or proceeding shall be open to objection, on the ground
ment.j that a merely declaratory judgment or order is sought thereby, and the Court
may make binding declarations of right whether any consequential relief is or
could be claimed, or not.

ORDER XIV
DISCONTINUANCE
Discon- 1. The plaintiff may, at any time before receipt of the defendant's
tinuanee of
claim by defence, or after the receipt thereof before taking any other proceeding in the
plaintiff, action (save any interlocutory application), by notice in writing, wholly
and of discontinue his action against all or any of the defendants or withdraw any part
counter- or parts df his alleged cause of complaint, and thereupon he shall pay such
claim by
defendant, defendant's costs of the action, or if the action be not wholly discontinued, the
costs occasioned by the matter so withdrawn. Such costs shall be taxed, and
such discontinuance or withdrawal, as the case may be, shall not be a defence to
any subsequent action. In like manner and with the like consequences a
defendant may wholly or in part withdraw any counterclaim before the filing
of the reply.
Discon- 2. Save as in the preceding rule otherwise provided, it shall not be
tinuance
by leave competent for the plaintiff to withdraw the record or discontinue the action
of the or withdraw any part of his cause of complaint without the leave of the Court
Court. or a Judge, but the Court or a Judge may, before, or at, or after the hearing
or trial, upon such terms as to costs, and as to the bringing of any other action,
and otherwise as may be just, order the action to be discontinued, or any part
of the alleged cause of complaint to be struck out. The Court or a Judge may,
in like manner and with the like discretion as to terms, upon the application of
a defendant, order the whole or any part of his alleged grounds of defence
or counterclaim to be withdrawn or struck out, but it shall not be competent
to a defendant to withdraw his defence or part thereof, without such leave.
With- 3. fWhen a cause or action has been entered for trial it may be
drawal by
consent. withdrawn by either plaintiff or defendant, upon producing to the Registrar
a consent in writing, signed by the parties or their solicitors.

Entering 4. (1) Any defendant may apply ex parte to the Court or a Judge for
judgment the costs of the action if it is wholly discontinued against him, or for the
on discon-
tinuance. costs occasioned by the matter withdrawn, if the action be not wholly
discontinued, in case such respective costs are not paid within four days after
taxation, and the Court or a Judge shall give judgment accordingly, unless
there appears to be good reason to the contrary.

(2) The plaintiff may in like manner apply for and obtain judgment
for the costs occasioned by any counterclaim or any part thereof, which is
withdrawn by a defendant, if such costs are not paid within four days after
taxation.

Staying 5. If any subsequent action shall be brought before payment of the
action costs of a discontinued action, for the same or substantially the same, cause
until
costs paid. f action, the Court or a Judge may, if they or he think fit, order a stay of
such subsequent action, until such costs shall have been paid.








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XV 160

ORDER XV
DEFAULT OF PLEADING

1. If the plaintiff, being bound to deliver a statement of claim, does Default of
plaintiff
not deliver the same within the time allowed for that purpose, the defendant in deliver-
may, at the expiration of that time, apply to the Court or a Judge to dismiss ing state-
ment of
the action with costs, for want of prosecution; and on the hearing of such elaim.
application the Court or Judge may, if no statement of claim shall have been
delivered, order the action to be dismissed accordingly, or may make such
other order on such terms as the Court or Judge shall think just.

2. (1) If the defendant makes default in delivering a defence, the Defendant
I in default.
plaintiff may, subject to the provision of rule 7 of this Order (relating to
service of notice on defendant), set down the action on motion for judgment
before a Judge and such judgment shall be given as upon the statement of
claim the Court shall consider the plaintiff to be entitled to.

(2) Where in any such action there are several defendants, then, if
one of such defendants make such default as aforesaid, the plaintiff may either
(if the cause of action is severable) set down the action at once on motion
for judgment against the defendant so making default, or may set it down
against him at the time when it is entered for trial or set down on motion for
judgment against the other defendants.

3. Subject to the provisions as to disposal of the action on grounds Close of
of law, on admissions or otherwise, if the plaintiff does not deliver a reply or oi ef'aut.
any party does not deliver any subsequent pleading within the period allowed
for that purpose, the pleadings shall be deemed to be closed at the expiration
of that period, and all the material statements of fact in the pleading last
delivered shall be deemed to have been denied and put in issue.

4. The provisions of the preceding rule shall not apply to a reply to Reply to
a counterclaim and, unless the plaintiff delivers a reply to a counterclaim, the counter-
statements of fact contained in such counterclaim shall at the expiration of
fourteen days from the delivery thereof or of such time (if any) as may by
order be allowed for delivery of a reply thereto be deemed to be admitted, but
the Court or a Judge may at any subsequent time give leave to the plaintiff to
deliver a reply.

5. In any case in which issues arise in an action other than between Default of
plaintiff and defendant, if any party to any such issue makes default in third
delivering any pleading, the opposite party may apply to the Court or a Judge party.
for such judgment, if any, as he may appear to be entitled to upon the
pleadings, and the Court or Judge may give judgment accordingly, or may
make such other order as may be necessary to do complete justice between
the parties.








The Federal Supreme Court (Original Jurisdiction) Rules,
161 1958-0. XVI

Setting 6. Any judgment by default or on ex parte hearing whether under
aside this or any other Order, may be set aside by the Court or a Judge, upon such
judgment
by default, terms as to costs or otherwise as such Court or Judge may think fit, and where
or the an action has been set down on motion for judgment under rule 2 of this
setting
down Order, such setting down may be dealt with by the Court or a Judge in the
here- same way as if judgment by default had been signed when the case was set
under, down.

Notice to 7. No motion for final judgment in default of defence shall be filed
unless notice in writing has been served upon the defendant calling upon him
to remedy his default within fourteen days after service of such notice. A
copy of such notice shall be filed in the Registry immediately after service
thereof with an endorsement thereon of the time, place and particulars of the
service of such notice.

ORDER XVI
AMENDMENT OF ENDORSEMENT, PLEADINGS, ETC.
GENERAL PRINCIPLES

Amend- 1. Failing consent by all parties the Court or a Judge may, at any
ent rso stage of the proceedings, allow either party to alter or amend his endorsement
ment and or pleadings, in such manner and on such terms as may be just, and all such
pleadings, amendments shall be made as may be necessary for the purpose of determining
the real question in controversy between the parties.
Manner in 2. An endorsement or pleading may be amended by written
whichment alterations in the copy which has been delivered, and by additions on paper
amendment
is to be to be interleaved therewith, if necessary, unless the amendments require the
made. insertion of more than one hundred and forty-four words in any one place,
or are so numerous or of such a nature that the making of them in writing
would render the document difficult or inconvenient to read, in either of
which cases the amendment must be made by delivering a copy of the
document as amended.

Date of 3. (1) Whenever any endorsement or pleading is amended, the same
order and when amended shall be marked with the date of the order, if any, under which
amendment the same is so amended and of the day on whioh such amendment is made, in
to be manner following that is to say -
marked.
"Amended ............ ............... day of ...........
.................. pursuant to order of ........................
dated the .................. day of ............................".

Delivery of (2) Whenever any endorsement or pleading is amended, such
amended amended document shall be filed with the Registrar and a copy delivered to
pleading. the opposite party within the time allowed for amending the same.

Clerical 4. Clerical mistakes in judgments or orders or errors arising therein
errors. from any accidental slip or omission, may at any time be corrected by the
Court or a Judge on motion or summons without an appeal.








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XVII 162

5. The Court or a Judge may at any time, and on such terms as to General
power to
costs or otherwise as the Court or a Judge may think just, amend any defect endto
or error in any proceedings, and, all necessary amendments shall be made defect or
for the purpose of determining the real question or issue raised by or depending error in
proceed-
on the proceedings. ings.

ORDER XVII
STATED CASES

1. The parties to any cause or matter may at any stage concur in stating
questions
stating the questions of law arising therein in the form of a stated case for of law.
the opinion of the Court.

2. I'f it appear to the Court or a Judge, that there is in any cause or Special
matter a question of law, which it would be convenient to have decided before order
any evidence is given or any question or issue of fact is tried, or before any before
trial.
reference is made to a referee or an arbitrator, the Court or Judge may make
an order accordingly, and may direct such question of law to be raised for
the opinion of the Court, either by special case or in such other manner as
the Court or Judge may deem expedient, and all such further proceedings as
the decision of such question of law may render unnecessary may thereupon
be stayed.

3. The stated case shall be divided into paragraphs numbered Contents
of ease
consecutively and shall concisely state such facts and documents as may be stated.
necessary to enable the Court to decide the questions raised thereby.

4. Upon the argument of such case the Court and the parties shall Reference
to doeu-
be at liberty to refer to the whole contents of such documents, meats.
Inferences
5. The Court shall be at liberty to draw from the facts and documents from facts
stated in any such stated case any inference, whether of fact or law, which and docu-
might have been drawn therefrom if proved at a trial. ments.
Argument
6. No facts or documents other than those stated in the case shall be cogunfine
referred to upon the argument save with the consent of all parties, to facts
in case.

7. A stated case concurred in by the parties to a proceeding shall be Signing
signed by the several parties or their advocates and filed with the Registrar. oaf aseg
Three copies for the use of the Judges shall be left therewith, stated.

8. The parties to a stated case may, if they think fit, enter into an Written
agreement in writing that, upon the determination by the Court of the question agreement
or questions of law raised in the stated case, judgment shall be entered by the of parties.
Court to any effect within its jurisdiction and with or without costs, and such
agreement shall be filed with the Registrar, and execution may issue upon
such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.








The Federal Supreme Court (Original Jurisdiction) Rules,
163 1958-0. XV II

Oral 9. Likewise the parties may. in the presence of the Court, either
before themselves or by their advocates, verbally make an agreement, as to the
Court. judgment to be entered upon the determination by the Court of the questions
of law raised in the stated case.
Procedure 10. Where no such agreement is made, the plaintiff may proceed
in absence with his action, after filing the writ of summons, his statement of claim and
of agree-
menat supporting affidavits, if such have not already been filed, but the questions of
law decided in the stated case shall not be reopened in the Court and the action
shall proceed to its final determination upon the decision upon the law
recorded after the hearing of the stated case.
Set down. 11. If the plaintiff fails to proceed with the action within a period of
one month from the delivery of judgment on the stated case, or within such
extended period as may be allowed upon application to a Judge, the defendant
may, if before the agreement to state a case was recorded he had filed a
counterclaim, set down the action for hearing.
References 12. When a Superior Court sees fit, in terms of paragraph (2) or (3)
as to of article 81 of the Constitution, to refer to the Court any question as to the
interpreta-
tion of interpretation of the Constitution, this shall be done in the form of a stated
Constitu- case to be settled and signed by the Judge of the Superior Court presiding in
tion. the proceedings or to whom the question is referred and filed with the
Registrar by the Registrar of the Superior Court. Three copies for the use
of the Judges shall be left therewith.

Issues of Fact Without Pleadings
Hearing of 13. When the parties to a cause or matter are agreed as to the
questions questions of fact to be decided between them, they may, after writ issued and
agreed before judgment, by consent and order of the Court or a Judge, proceed to
upon. the trial of any such questions of fact without formal pleading, stating such
questions in the form of definite issues, and such issues may be entered for
trial and tried in the same manner as any issue joined in an ordinary action,
and the proceedings shall be under the control and jurisdiction of the Court
or Judge, in the same way as the proceedings in an action.

Order for 14. The Court or a Judge may by consent of the parties order that,
payment of upon the findings in the affirmative or negative of such issue as in the last
sum of preceding rule mentioned, a sum of money, fixed by the parties, or to be
money. ascertained upon a question inserted in the issue for that purpose, shall be
paid by one of the parties to the other of them either with or without the
costs of the cause or matter.
Entry of 15. Upon the finding of any such issue, as in rule 12 mentioned,
judgment judgment may be entered for the sum so agreed or ascertained as aforesaid,
funding with or without costs, as the case may be, and execution may issue upon such
judgment forthwith, unless otherwise agreed, or unless stayed by the Court
or a Judge.
Record of 16. The proceedings upon such issue, as in rule 12 mentioned, may
proceed- be recorded at the instance of either party, and the judgment, whether actually
ngs recorded or not, shall have the same effect as any other judgment in a
contested action.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XVIII 164

ORDER XVIII
SUMMONS FOR DIRECTIONS

1. (1) Subject to the provisions of paragraph (2) of this rule, in every Summons
action the plaintiff shall within seven days from the time when the pleadings for direc-
are deemed to be closed, make application for directions in respect of any
interlocutory matter on which a decision may be required. Such application
shall be made by summons in these rules referred to as a summons for
directions returnable in not less than fourteen days and shall be heard before
a Judge in chambers.

(2) This rule shall not apply to any proceeding commenced by
originating summons, but a summons for directions may be taken out by any
party thereto.

2. (1) The party applying for directions shall in his summons state the Contents
matters in respect of which he intends to ask for directions, and such matters of applica-
shall, so far as is necessary and practicable, include generally the proceedings
to be taken in the action and the costs of the application, and more particularly
the following: Pleadings and particulars, admissions of fact or of documents,
removal of hearing, the hearing of arguments on points of law, discovery and
inspection of documents, interrogatories, inspection of movable and immovable
property, commissions, examination of witnesses, place and date of trial.

(2) A summons for directions shall be in Form 5 of Appendix A with Form 5.
such variations as circumstances may require.

3. (1) Upon the hearing of the application the Judge shall, as far as Judge to
practicable, make such order as may be just as to any matters in respect of consider
which directions are asked and shall endeavour to secure that the parties make and make
all admissions and all agreements as to the conduct of the proceedings which orders etc.
ought reasonably to be made by them and may cause the order on the summons Admissions
to record any admissions or agreements so made and (with a view to such and agree-
special order, if any, as to costs as may be just being made at the trial) any be made.
refusal to make any admission or agreement. Particular
I matters
(2) On the hearing of an application under this Order, the Judge, if for con-
necessary, of his own motion, may make an order:- sideration.

(a) directing such amendment of pleadings and indorsements as
are permissible under these rules:
(b) by consent of the parties dispensing with any of the modes of
proof prescribed by law for the avoidance of expense and
delay;
(c) directing the admissibility of evidence under subsection (2)
of section 1 of the Evidence Act, 1938. or under rules 5 and 6
of the Federal Supreme Court (Evidence) Rules. 1958.
(d) directing that evidence on any specified points shall be given
at the hearing by affidavit;
(e) directing that such further evidence as the parties desire to
produce be adduced at the hearing;








The Federal Supreme Court (Original Jurisdiction) Rules,
165 1958-0. XIX

(f) generally providing for the speedy determination of the
questions ini controversy between the parties.

(3) No affidavit shall be used on the hearing of the said summons
except by special order of a Judge.
Duty to 4. (1) Any party to whom the summons for directions is addressed shall
iterlou- so far as practicable apply at the hearing of the summons for any order or
tory appli- directions which he may desire as to any matter capable of being dealt with
cations on on an interlocutory application in the action, and shall, not less than seven days
summons before the hearing of the summons, serve on the other parties a notice in
tionus. writing specifying those orders and directions in so far as they differ from
the orders and directions asked for by the summons.

(2) If the hearing of the summons for directions is adjourned and any
party to the proceedings desires to apply at the resumed hearing for any
order or directions not asked for by the summons or in any notice given under
paragraph (1) of this rule, he shall, not less than seven days before the
resumed hearing of the summons, serve on the other parties a notice in
writing specifying those orders and directions in so far as they differ from the
orders and directions asked for by the summons or in any such notice as
aforesaid.

(3) Any application subsequent to the summons for directions and
before judgment as to any matter capable of being dealt with on an inter-
locutory application in the action shall be made under the summons by two
clear days' notice to the other party stating the grounds of the application;
and any application by a party which might have been made at the hearing
of the original summons shall, if granted on any subsequent application, be
granted at the costs of the party applying unless a Judge is of the opinion
that there were sufficient reasons for the application not having been made at
the hearing of the original summons.
Failure to 5. In any action to which rule 1 of this Order applies, if the plaintiff
summons. does not within seven days from the time when the pleadings shall be deemed
to be closed take out a summons for directions under this Order, the defendant
shall be at liberty to apply for an order to dismiss the action and upon such
application the Judge may either dismiss the action on such terms as may be
just, or may deal with such application in all respects as if it were a summons
for directions under this Order.

ORDER XIX
DISCOVERY AND INSPECTION
Discovery 1. In any cause or matter the plaintiff or defendant by leave of the
by inter- Court or a Judge may deliver interrogatories in writing for the examination
ogatoriesof the opposite parties, or any one or more of such parties, and such
interrogatories when delivered shall have a note at the foot thereof stating
which of such interrogatories each of such persons is required to answer:
Provided that interrogatories which do not relate to any matters in question
in the cause or matter shall be deemed irrelevant, notwithstanding that they
might be admissible on the oral cross-examination of a witness.








The Federal Supreme Court (Original Jurisdiction) Rules.
1958-0. XIX 166

2. A copy of the interrogatories proposed to be delivered shall be Applica-
delivered to the opposite party with the summons for leave to deliver them at tion for
leave to
least four clear days before the hearing thereof (unless in any case the Court delivery
or Judge shall think fit to dispense with this requirement), and the particular interroga-
interrogatories sought to be delivered shall be submitted to and considered stories.
by the Court or Judge. In deciding upon such application, the Court or Judge
shall take into account any offer, which may be made by the party sought to
be interrogated, to deliver particulars, or to make admissions, or to produce
documents relating to any matter in question, and leave shall be given as to
such only of the interrogatories as the Court or Judge shall consider necessary
either for disposing fairly of the cause or matter or for saving costs.

3. In adjusting the costs of the cause or matter inquiry shall at the Costs of
interroga-
instance of any party be made into the propriety of exhibiting such inter- stories.
rogatories, and if it is the opinion of the taxing officer or of the Court or
Judge, either with or without an application for inquiry, that such
interrogatories have been exhibited unreasonably, vexatiously, or at improper
length, the costs occasioned by the said interrogatories and the answers thereto
shall be paid in any event by the party in fault.

4. Interrogatories shall be in Form 6 of Appendix A to these Rules Form of
interroga-
with such variations as circumstances may require. stories.
Form 6.

5. Any objection to answering any one or more of several interro- Objections
to inter-
gatories on the ground that it is or they are scandalous or irrelevant, or not rogatories
bona fide for the purpose of the cause or matter, or that the matters inquired by answer.
into are not sufficiently material at that stage, or on any other ground, may
be taken in the affidavit in answer.

6. Interrogatories shall be answered by affidavit to be filed withinAffidavit
in answer,
fourteen days, or within such other time as a Judge may allow. iling.n

7. An affidavit in answer to interrogatories shall, unless otherwise Form of
ordered by a Judge, be in Form 7 in Appendix A to these rules with such in answer.
variations as circumstances may require. Form 7.

8. If any person interrogated omits to answer, or answers Order to
insufficiently, the party interrogating may, within fourteen days after the answer or
answer
filing of the affidavit, apply to the Court or a Judge for an order requiring him further.
to answer, or to answer further, as the case may be, and an order may be
made requiring him to answer or answer further, either by affidavit or by
viva voce examination, as the Court or Judge may direct.

9. Any party may, without filing an affidavit, apply to the Court or Applica-
a Judge for an order directing any other party to any cause or matter to make tion for
discovery
discovery on oath of the documents which are or have been in his possession of docu-
or power, relating to any matter in question therein. On the hearing of such ments.
application the Court or Judge may either refuse or adjourn the same, if
satisfied that such discovery is not necessary, or not necessary at that stage
of the cause or matter, or make such order, either generally or limited to
certain classes of documents as may, in their or his discretion, be thought fit:









The Federal Supreme Court (Original Jurisdiction) Rules,
167 1958-0. XIX

Provided that discovery shall not be ordered when and so far as the Court
or Judge shall be of opinion that it is not necessary either for disposing of the
action or for saving costs.

Affidavit 10. The affidavit to be made by any person against whom an order for
of docu- discovery of documents has been made under the last preceding rule shall
ments. specify which, if any, of the documents therein mentioned he objects to produce,
Form 8. and it shall be in Form 8 in Appendix A to these rules with such variations
as circumstances may require.

Power to 11. On the hearing of any application for discovery of documents
order list the Court or Judge in lieu of ordering an affidavit of documents to be filed may
of docu-
ments in order that the party from whom discovery is sought shall deliver to the
lieu of opposite party a list of the documents which are or have been in his possession,
affidavit, custody or power relating to the matters in question. Such list shall as
nearly as may be follow the form of the affidavit in the preceding rule
mentioned: Provided that the ordering of such list shall not preclude the
Court or Judge from afterwards ordering the party to make and file an
affidavit of documents.

Production 12. It shall be lawful for the Court or a Judge, at any time during the
of docu- pendency of any cause or matter, to order the production by any party
mnents. thereto, upon oath, of such of the documents in his possession or power,
relating to any matter in question in such cause or matter, as the Court or
Judge shall think right; and the Court or Judge may deal with such
documents, when produced, in such manner as shall appear just.

Inspection 13. Every party to a cause or matter shall be entitled, at any time,
of docu- by notice in writing, to give notice to any other party, in whose pleadings or
ments
referred to affidavits or list of documents reference is made to any document, to produce
in plead- such document for the inspection of the party giving such notice, or of his
ings or solicitor, and to permit him or them to take copies thereof; and any party not
affidavit, complying with such notice shall not afterwards be at liberty to put any such
document in evidence on his behalf in such cause or matter, unless he shall
satisfy the Court or a Judge that such document relates only to his own title,
he being a defendant to the cause or matter, or that he had some other cause
or excuse which the Court or Judge shall deem sufficient for not complying
with such notice, in which case the Court or Judge may allow the same to be
put in evidence on such terms as to costs and otherwise as the Court or Judge
shall think fit.
Notice to 14. Notice to any party to produce any documents referred to in his
produce.
porm 9. pleadings or affidavits or list of documents shall be in Form 9 in Appendix A
to these Rules with such variations as circumstances may require.
Time for 15. The party to whom such notice is given shall, within seven days
inspection from the receipt of such notice, if all the documents therein referred to have
given under been set forth by him in such affidavit or list of documents as is mentioned in
Rule 14. rules 10 and 11 of this Order, or if any of the documents referred to in such
notice have not been set forth by him in any such affidavit or list, then within
fourteen days from the receipt of such notice, deliver to the party giving the
same a notice stating a time within seven days from the delivery thereof at
which the documents, or such of them as he does not object to produce, may








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XIX 168

be inspected at the office of his solicitor, or in the case of bankers' books or
other books of account or books in constant use for the purposes of any trade
or business at their usual place of custody, and stating which (if any) of the
documents he objects to produce, and on what ground. Such notice shall
be in Form 10 in Appendix A to these Rules, with such variations as Form 10.
circumstances may require.
16. (1) I' the party served with notice under rule 13 of this Order omits Order for
to give such notice of a time for inspection or objects to give inspection, or inspection.
offers inspection elsewhere than at the office of his solicitor, the Court or
Judge may, on the application of the party desiring it, make an order for
inspection in such place and in such manner as he may think fit: Provided
that the order shall not be made when and so far as the Court or a Judge
shall be of opinion that it is not necessary either for disposing fairly of the
cause or matter or for saving costs.
(2) An application to inspect documents, except such as are referred
to in the pleadings, particulars, or affidavits of the party against whom the
application is made, or disclosed in his affidavit or list of documents, may be
made to a Court or Judge and shall be founded upon an affidavit showing of
what documents inspection is sought, that the party applying is entitled to
inspect them, and that they are in the possession or power of the other party.
The Court or Judge upon hearing such application may make an order for
inspection but shall not make such order when and so far as the Court or
Judge shall be of opinion that it is not necessary either for disposing fairly
of the cause or matter or for saving costs.
17. (1) Where inspection of any business books is applied for, the Court Verified
or a Judge may, if they or he shall think fit, instead of ordering inspection of copies.
the original books, order a copy of any entries therein to be furnished and
verified by the affidavit of some person who has examined the copy with the
original entries, and such affidavit shall state whether or not there are in the
original book any and what erasures, interlineations, or alterations: Provided
that notwithstanding that such copy has been supplied, the Court or a Judge
may order inspection of the book from which the copy was made.
(2) Where on an application for an order for inspection privilege is
claimed for any document, it shall be lawful for the Court or Judge to inspect
the document for the purpose of deciding as to the validity of the claim of
privilege.
18. The Court or a Judge may, on the application of any party to a Power to
order dis-
cause or matter at any time, and whether an affidavit of documents shall or very of
shall not have already been ordered or made, make' an order requiring any particular
other party to state by affidavit whether any particular document or documents document
or any class or classes of documents specified or indicated in the application, or class of
is or are, or has or have at any time been, in his possession, custody or power;cumen
and, if not then in his possession, custody, or power, when he parted with the
same and what has become thereof. Such application shall be made on an
affidavit stating that in the belief of the deponent the party against whom the
application is made has, or has at sometime had in his possession custody or
power the particular document or documents or the class or classes of
documents specified or indicated in the application, and that they relate to
the matters in question in the cause or matter, or to some or one of them.








The Federal Supreme Court (Original Jurisdiction) Rules,
169 1958-0. XIX

Premature 19. If the party from whom discovery of any kind or inspection is
discovery, sought objects to the same, or any part thereof, the Court or a Judge may,
if satisfied that the right to the discovery or inspection sought depends on the
determination of any issue or question in dispute in the cause or matter, or
that for any other reason it is desirable that any issue or question in dispute
in the cause or matter should be determined before deciding upon the right
to the discovery or inspection objected to, order that that issue or question be
determined first, and reserve the question as to that discovery or inspection.

Order to 20. If any party against whom an order for discovery of documents
file further has been made files an insufficient affidavit, the party at whose instance the
oeudavnts order was made may within fourteen days after the filing of the affidavit
apply to the Court or a Judge for an order requiring him to file a further
affidavit.
Non- 21. If any party fails to comply with any order to answer inter-
oimpliance rogatories, or for discovery or inspection of documents, he shall be liable to
for dis- attachment. He shall also, if a plaintiff, be liable to have his action dismissed
cover. for want of prosecution, and, if a defendant, to have his defence, if any, struck
out, and to be placed in the same position as if he had not defended, and the
party interrogating may apply to the Court or a Judge for an order to that
effect, and an order may be made accordingly.

Service on 22. Service of an order for interrogatories or discovery or inspection
solicitor of made against any party on his solicitor shall be sufficient service to found an
discovery, application for an attachment for disobedience to the order. But the party
against whom the application for an attachment is made may show in answer
to the application that he has had no notice or knowledge of the order.

Attach- 23. A solicitor upon whom an order against any party for inter-
ment of rogatories or discovery or inspection is served under the last preceding rule,
who neglects without reasonable excuse to give notice thereof to his client,
shall be liable to attachment.
Using 24. Any party may, at the trial of a cause, matter, or issue, use in
answer to
interroga- evidence any one or more of the answers or any part of an answer of the
stories at opposite party to interrogatories without putting in the others or the whole
trial, of such answer: Provided always, that in such case the Court may look at
the whole of the answers, and if it shall be of opinion that any others of them
are so connected with those put in that the last mentioned answers ought
not to be used without them, it may direct them to be put in.
Discovery 25. In all proceedings in which the Government of the Federation or
against the of a Territory is a party any affidavit to be made in answer to an order for
nent. interrogatories or for discovery against such Government shall be made by
such officer as the Court or a Judge may direct.
Order to 26. This Order shall apply to infant plaintiffs and defendants, and to
infants. their next friends and guardians ad litem.
Security. 27. The Court or a Judge may order a party seeking discovery to
give security for costs.









The Federal Supreme Court (Original Jurisdiction) Rules.
1958-0. XX 170

ORDER XX
ADMISSIONS

1. Any party to a cause or matter may give notice, by his pleading, Notice of
or otherwise in writing, that he admits to the truth of the whole or any part admission
of the case of any other party.

2. (1) Either party may by notice in writing call upon the other party Notice to
to admit any document, saving all just exceptions; and in case of refusal or admit docu-
neglect to admit after such notice, the costs of proving any such document costs of
shall be paid by the party so neglecting or refusing, whatever the result of refusal or
the cause or matter may be, unless at the trial or hearing the Court or a neglect to
Judge rules that the refusal to admit was reasonable; and no costs of proving admit.
any document shall be allowed unless such notice is given, except where the
omission to give notice is, in the opinion of the taxing officer, a saving of
expense.

(2) A notice to admit documents shall be in Form 11 of Appendix A Form of
notice to
to these Rules with such variations as circumstances may require. admit
documents.
3. (1) Any party may, by notice in writing, at any time not later than Form 11.
five days before the day for which notice of trial has been given, call on any Notice to
other party to admit, for the purposes of the cause, matter, or issue only, any facts
specific fact or facts mentioned in such notice.

(2) A notice to admit facts shall be in Form 12 of Appendix A to Form of
these Rules with such variations as circumstances may require. notice to
admit
facts.
Form 12.

(3) Admission of facts pursuant to a notice under this rule shall be in Form of
Form 13 of Appendix A to these Rules with such variation; as circumstances admission
of facts.
may require. Form 13.

4. In case of refusal or neglect to admit the same before the hearing Costs of
the Court or a Judge shall order that the costs of proving such fact or facts refusal or
shall be paid by the party so neglecting or refusing, whatever the result of nit to
the cause, matter, or issue may be. unless at the trial or hearing the Court or
a Judge is satisfied that the refusal to admit was reasonable, or unless the
Court or a Judge shall at any time otherwise order or direct.

5. Any admission made in pursuance of such notice is to be deemed Admission
to be made only for the purposes of the particular cause, matter or issue, and limited ito
not as an admission to be used against the party on any other occasion or in cause or
favour of any person other than the party giving the notice, matter.

6. The Court or a Judge may at any time allow any party to amend Amend-
ment of
or withdraw any admission so made on such terms as may be just. admission

7. Any party may at any stage of a cause or matter, where admissions Judgment
of fact have been made, either on the pleadings. or otherwise, apply to the or order
Court or a Judge for such judgment or order as upon such admissions he admissions
may be entitled to. without waiting for the determination of any other of facts.









The Federal Supreme Court (Original Jurisdiction) Rules,
171 1958-0. XXI

question between the parties; and the Court or a Judge may upon such
application make such order, or give such judgment, as the Court or Judge
may think just.

Affidavit 8. An affidavit of the legal representative of the due signature of any
of signa- admissions made in pursuance of any notice to admit documents or facts, shall
ture to be sufficient evidence of such admissions, if evidence thereof be required.
admissions.
Affidavit 9. An affidavit of the legal representative of the service of any notice
of service. to admit or produce, and of the time when it was served, with a copy of the
notice to admit or produce, shall in all cases be sufficient evidence of the service
of the said notice, and of the time when it was served.

Costs of 10. If a notice to admit or produce comprises documents which are
where not necessary, the costs occasioned thereby shall be borne by the party giving
notice such notice.
documents
unneces-
s:ar
ORDER XXI
ISSUES, INQUIRIES AND ACCOUNTS

Issues lmay 1. VWhere in any cause or matter it appears to the Court or a Judge
be prepared that the issues of fact in dispute are not sufficiently defined, the parties may
and be directed to prepare issues and such issues shall, if the parties differ, be
S settled by the Court or a Judge.

Inquiries 2. The Court or a Judge may, at any stage of the proceedings in a
and cause or matter, direct any necessary inquiries or accounts to be made or
accounts. taken, notwithstanding that it may appear that there is some special or further
when
directed. relief sought or some special issue to be tried, as to which it may be proper
that the cause or matter should proceed in the ordinary manner.

Time for 3. The Court, by its order, may limit the time within which the
furnishing accounts ordered are to be furnished.
account.
Special 4. The Court or a Judge may, either by the judgment or order
directions directing an account to be taken or by any subsequent order, give special
as to be directions with regard to the mode in which the account is to be taken or
mode of
taking vouched, and in particular may direct that in taking the account, the books
account. of account in which the accounts in question have been kept shall be taken
as prima facie evidence of the truth of the matters therein contained with
liberty to the parties interested to take such objections thereto as they may
be advised.

Accounts 5. Where any account is directed to be taken, the accounting party,
to be unless the Court or a Judge shall otherwise direct, shall make out his account
verified by and verify the same by affidavit. The items on each side of the account shall
be numbered consecutively, and the account shall be referred to by the affidavit
as an exhibit and shall be filed in the Registry within the time limited by the
order, or if no time be limited, within twenty-eight days of the date of the
order. The accounting party shall forthwith give notice of the filing of the
account to the opposite party.









The Federal Supreme Court (Original Jurisdiction) Riles.
1958-0. XXI 172

6. Upon the taking of any account the Court or a Judge may direct Mode of
that the vouchers shall be produced at the office of the solicitor of the accounting voucllnng
party, or at any other convenient place, and that only such items as may be accounts.
contested or surcharged shall be brought before the Judge in chambers.

7. Any party seeking to charge any accounting party beyond what Surcharg-
he has by his account admitted to have received, or to strike out or reduce any ing and
items for which he has taken credit, shall within twenty-eight days after notice
has been given of the account having been filed, give notice thereof to the
accounting party, and file with the Registrar a copy df such notice, stating so
far as he is able, the amounts sought to be charged and reduced respectively
and the particulars thereof in a short and succinct manner. If no notice is
given or filed the correctness of the accounts shall be deemed to be admitted.

8. The accounting party" may, within fourteen days after receiving Answer by
notice of the objections, file an answer and deliver a copy thereof to the 'aunting
opposite party in which answer he shall state, in a short and succinct manner.
how far he admits or does not admit the objections to his account. If he does
not file and deliver a copy of such answer within fourteen days, or such
further period, if any, as the Court or a Judge may allow, he shall be deemed
to have admitted all the objections.

9. After the filing of the notice of objections and the answer thereto, Time to le
fixed for
or after the time limited for so doing has expired, as the case may be. the ,.e isi cr-
documents shall forthwith be laid by the Registrar before a Judge, who shall tion of
fix a time for the consideration of the accounts and the objections thereto. accounts
and
objections.
10. At the time so fixed the parties shall appear before the Judge, who, Determinia-
tion of
after hearing the parties or such of them as shall attend, and considering any objections.
evidence adduced by them. shall settle all questions of law or fact raised by
the objections to the account. The party objecting to the account shall not.
except by leave of the Judge, be permitted to raise any objections to the
account other than those stated in his notice of objections.

11. When all questions of law and fact have been decided bv the Settlement
Judge, he may either settle and adjust the accounts himself, or in any case of account.
in which it shall appear to him to be necessary or desirable to do so. direct
that the accounts be referred to an accountant or other person in order 'chat
the account between the parties may be adjusted and settled in accordance
with his findings, and may limit a time within which the account shall be so
adjusted and settled.

12. Before any such order is made for an accountant or any other Deposit for
person the Judge shall fix the amount of remuneration to be paid to the remunera-
tion of
accountant or any other person and the amount so fixed shall be deposited *toi'nt not.
in Court by the party applying for an account in the first instance and shall
be costs in the cause.

13. The account as adjusted and settled shall show what sum (if Form of
any) is due from any party to any other party; and when settled by the account.
accountant shall be deposited in the Registry within the time so limited, unless
such time be extended by the Judge.








The Federal Supreme Court (Original Jurisdiction) Rules,
173 1958-0. XXII

Deposit of 14. When the account as finally settled has been deposited in the
account to Registry, or has been settled by the Judge. the Registrar shall forthwith
be notified.
notify the respective parties thereof.

Applica- 15. Any party may, within fourteen days after receiving notice from
tion for the Registrar, apply to the Court or a Judge for the judgment to which he
judgmentt. .
judgmentconsiders that he is entitled.

Inquiry as 16. Every judgment or order for a general account of the estate of a
to out-
standing testator or intestate shall contain a direction for an inquiry what parts (if any)
estate, of such estate are outstanding or undisposed of, unless the Court or a Judge
shall otherwise direct.

Accounts 17. Where by any judgment or order, whether delivered or made in
and in- Court or in Chambers, any accounts are directed to be taken or inquiries to
quiries to be made, each such direction shall be numbered so that, as far as may be, each
be
numbered. distinct account and inquiry may be designated by a number.

Just 18. In taking any account directed by any judgment or order all just
allowances, allowances shall be made without any direction for that purpose.

Costs. 19. The costs of the proceedings, unless the Judge before whom the
parties have appeared shall otherwise order, shall be costs in the cause.

ORDER XXII
ENTRY FOR HEARING OR TRIAL
Request for 1. (1) When a cause or matter has become ripe for hearing it shall be
plaFintiff. the duty of the plaintiff or other party in the position of plaintiff to file a
request for hearing within six weeks thereafter.
Form 14. (2) A request for hearing shall be in Form 14 in Appendix A to these
Rules with such variations as circumstances may require.
Request 2. If the plaintiff or other party as aforesaid does not within the time
bfr efeadg prescribed under the preceding rule file a request for hearing, the defendant
ant. may file such request or may apply to the Court or a Judge to dismiss the
Application cause or matter for want of prosecution, and on the hearing of such application
to dismiss the Court or Judge may order the cause or matter to be dismissed accordingly,
for want
of prosecu or may make such other order, and on such terms, as to the Court or Judge
tion. may seem just.

When cause 3. (1) Subject as hereinafter provided a cause or matter shall be ripe for
or matter hearing when -
ripe for
hearing. (a) the defendant is in default of appearance or has failed to
deliver a defence and the plaintiff has complied with the
provisions of Order VII or Order XV as the case may be;
(b) the pleadings have been closed by the delivery of a reply or
if no reply has been delivered after the time for delivery or
a reply has expired;








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXII 174

(c) subject to the provision of paragraph (2) of. this rule an order
has been made under any Order giving directions as to the
trial of the cause or matter.

(2) If there are any interlocutory proceedings pending, a cause or
matter shall not become ripe for hearing until the determination of such
proceedings unless the Court or a Judge otherwise orders.

4. (1) The party filing a request for hearing shall at the same time Papers for
deliver to the Registrar three complete copies of the whole of the pleadings the Court.
for the use of the Court or the Judges.

(2) A party shall, when filing a pleading after an action has been
entered for hearing, also deliver three copies thereof, for the use of the
Judges.

(3) If any party fails to comply with the provisions of this rule the
Court or a Judge may make such order as to the hearing or determination
of the cause or matter or as to costs or otherwise as the Court or Judge may
think fit.

5. The party filing a request for hearing shall forthwith give notice Notice of
thereof in writing to all other parties in the cause or matter but defendants filing.
or third parties who have not entered shall not be entitled to such notice.

6. The Registrar shall, on the day on which a request for hearing Hearing
has been filed, enter the cause or matter on the Hearing List and such entry List.
shall be made in the order in which each request is filed.
7. (1) A cause or matter shall be deemed deserted if no request for When
hearing shall be filed within six months after the expiration of the period cause or
fixed for the filing of such request. natter.
deserted.
(2) When an action has been deemed deserted, no further proceedings
may be taken therein, unless and until an order for revivor has been made
by the Court or a Judge on the application of any party or a consent to
revivor and a request for hearing signed by all the parties thereto have been
filed.
(3) No order for or consent to revivor shall avail as an advantage to
the plaintiff in respect of the period of limitation applicable to the cause of
action.
8. (1) A cause or matter shall be deemed altogether abandoned and When
incapable of being revived if prior to the filing of a request for hearing or mauteor
consent to judgment or the obtaining of judgment abandoned.
(a) any party has failed to take any proceeding or file any
document therein for one year from the date of the last
proceeding had or the filing of the last document therein; or
(b) no application for or consent to revivor has been filed within
six months after the cause or matter has been deemed
deserted; or








The Federal Supreme Court (Original Jurisdiction) Rules,
175 1958-0. XXIII

(c) if the cause or matter has not, on the request of any party,
been entered on the Hearing List within six months from
the date of any order of revivor.

(2) The instituting of a cause or matter which has been deemed
altogether abandoned shall be of no effect in interrupting any period of
limitation.

Date of 9. The Registrar shall, under the direction of the Court, appoint the
hearing. days on which the actions appearing on the Hearing List shall be heard by
the Court, and notice of the days so appointed shall be published and exhibited
in such manner and in such place as the Court may direct.
Postpone- 10. It shall not be competent for the parties to postpone by consent
hearin g the hearing of any action which has been fixed for hearing; but the Court
or a Judge may, if the Court or Judge think it expedient in the interests of
justice, postpone or adjourn the hearing for such time and upon such terms,
if any, as the Court or Judge shall think fit.
Informa- 11. It shall be the duty of all parties to any cause or matter entered
tion to
Registrar for hearing to furnish without delay to the Registrar all available information
of settle- relating to any settlement, or likelihood of settlement, of the cause or matter,
ment, etc. or affecting the estimated length of the trial.

ORDER XXIII
TRIAL, JUDGMENT AND ORDERS
Proceedings at Trial

Absence of 1. If when a trial is called on, neither party appears, the Court may
direct that the action be struck off the hearing list, and such action shall not
be capable of being further proceeded with except by leave of the Court or
a Judge.
Default of 2. If, when a trial is called on. the plaintiff appears, and the defendant
appearance
by defend- does not appear, then the plaintiff may prove his claim, so far as the burden
ant at of proof lies upon him.
trial.
Default of 3. If, when a trial is called on, the defendant appears, and the
byplan-ee plaintiff does not appear, the defendant, if he has no counterclaim, shall be
tiff. entitled to judgment dismissing the action, but if he has a counterclaim, then
he may prove such counterclaim so far as the burden of proof lies upon him.
Judgment 4. Any judgment obtained where one party does not appear at the
by deefat trial may be set aside by the Court or a Judge upon such terms as may seem
aside on fit, upon an application made within fourteen days after the trial.
terms.

Adjourn- 5. The Judge may, if he think it expedient for the interests of
merit of justice, postpone or adjourn a trial for such time, and to such place, and upon
such terms, if any, as he shall think fit.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXIII 176

6. The Judge may in all cases disallow any questions put in cross- Disallow-
examination of any party or other witness which may appear to him to be ane iof
vexatious, and not relevant to any matter proper to be inquired into in the questions
cause or matter, in cross-
examina-
tion.
7. The Judge shall, at or after trial, direct judgment to be entered Judgment
as he shall think right, and no motion for judgment shall be necessary in to be
order to obtain such judgment. etere at
trial.

8. The Registrar, or other proper officer present at any hearing or Times of
trial, shall make a note of the times at which such hearing or trial shall commence-
commence and terminate respectively, and the time actually occupied thereby termina-
on each day on which the same shall take place, for communication to the tion of
taxing officer if required. trial.

Judgments and Orders
9. A minute of every judgment or order shall be made by the Minute of
Registrar. judgment
or order.
10. (1) All judgments and all orders shall be prepared by the Registrar, Drawing
unless the Court or a Judge shall otherwise order. up judg-
nment or
order.
(2) The draft of any judgment prepared by the Registrar shall be
delivered to the party entitled to the same which shall be returned by him
to the Registrar within seven days with a note containing his approval or any
observations he has to make thereon.

(3) The Registrar may require any of the parties to attend on him
in order to settle the judgment and may refer any difficulty in settling the
same for the directions of a Judge in chambers.

(4) Every judgment when drawn up shall be dated as of the day when
such judgment is pronounced or order made, unless the Court or a Judge
shall otherwise direct, and shall take effect from that date: Provided that
by special leave of the Court or a Judge a judgment may be ante-dated or
post-dated.

(5) After the draft has been settled by the Registrar the judgment or
order shall be signed, sealed and filed by him and the date of such filing shall
be entered on the judgment or order as the date of entry.

(6) Every judgment or order shall, unless otherwise ordered, he
drawn up and entered within fourteen days from the date thereof.

11. (1) Notwithstanding the preceding rules of this Order the Registrar Settling
shall be at liberty, in any case in which he may think it expedient so to do. and pass-
to draw, settle or pass the judgment, without notice to any party. ing judg-
ment or
order
(2) If any judgment shall not have been drawn up and lodged within without
the time limited by these Rules the Registrar may report to the Judge in notice.
writing as to the reason why the provisions of these Rules in that respect









The Federal Supreme Court (Original Jurisdiction) Rules,
177 1958-0. XXIII

have not been complied with, and whether in his opinion any and which of
the parties or their solicitors are responsible for the delay, and thereupon the
Judge may direct such parties or their solicitors to attend before him and may,
unless a satisfactory explanation be forthcoming, make such order as to the
payment of all or any part of the costs of drawing up and entering the
judgment as he shall think fit. He may also direct that the judgment shall
be deemed to have been entered when the same would have been entered in
accordance with these Rules, but for such delay.

What 12.(1) Where an order has been made not embodying any special terms,
orders nor including any special directions, but simply enlarging time for taking
need not
be drawn any proceeding or doing any act or giving leave -
up.
(a) for the issue of any writ other than a writ of attachment,
(b) for the amendment of any writ or pleadings,
(c) for the filing of any document, or
(d) for any act to be done by any officer of the Court other than
a solicitor,
it shall not be necessary to draw up such order unless the Court or a Judge
shall otherwise direct; but the production of a note or memorandum of such
order, signed by a Judge or the Registrar, shall be sufficient authority for such
enlargement of time, issue, amendment, filing, or other act. A direction that
the costs of such order shall be costs in any cause or matter shall not be
deemed a special direction within the meaning df this rule. The solicitor of
the person on whose application such order is made shall forthwith give
notice in writing thereof to such person (if any) as would, if this rule had
not been made, have been required to be served with such order.

(2) Subject to the provisions of sub-rule (1) of this rule when any
pleading or other document is tendered for filing in pursuance of an order
made by the Court or a Judge, it shall not be accepted for filing unless such
order has been drawn up and entered.
Time to be 13. Every judgment or order made in any cause or matter requiring
doing any any person to do an act thereby ordered shall state the time, or the time after
act service of the judgment or order within which the act is to be done, and upon
ordered to the copy of the judgment or order which shall be served upon the person
be done. required to obey the same there shall be indorsed a memorandum in the words
or to the effect following -

"If you, the within-named A.B., neglect to obey this judgment
(or order) by the time therein limited, you will be liable to
process of execution for the purpose of compelling you to obey
the same judgment (or order)."

Payment 14. Where any judgment directs the payment of money, the Court
by instal- may for any sufficient reason, order that the same be paid by instalments with
ments. or without interest. Such order may be made at the time of giving judgment
or at any time afterwards, and may be rescinded upon sufficient cause at any
time.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXIII 178

15. Upon all debts or sums certain, payable by virtue of a written Interest.
instrument at a certain time, the Court, shall, unless it sees good reason to
the contrary, allow interest from the time when such debts or sums are due
and payable provided notice in writing claiming interest has been given; or
if no time of payment is specified, then from the time of demand in writing
being made giving notice to the debtor that interest will be claimed from the
date of such demand.

16. The Court may give judgment condemning either party in costs, Assessment
losses, damages and expenses, and afterwards assess the amount upon evidence of
directed to the ascertainment thereof, or by consent of the parties the amountmges.
may be ascertained by an arbitrator or otherwise.

17. Where damages are to be assessed in respect of any continuing Damages
cause of action, they shall be assessed down to the time of the assessment. n respectt
of continu-
ing cause
of action.

18. In every case where the evidence upon the hearing has been Judgment
closed, if some material issue is in the opinion of the Court unproved, so that fto be
a judgment could not be given upon such issue in favour of the party on whom
the proof thereof lies, the Court shall not give a judgment of non-suit, but in
all such cases give a definite judgment in accordance with the evidence and
the incidence of the onus of proof.

19. Subject to particular rules any judgment by default, unless the Effeot of
Court otherwise directs, shall have the effect of a judgment upon the merits judgmennt
for the plaintiff. default.

20. Whenever costs are ordered to be paid, such costs shall be paid Payment of
before any fresh proceedings are taken in respect of the same cause of action costs.
and any action commenced before such costs have been fully paid may be
stayed by order of the Court or a Judge.

21. A defendant may, at any time after the service upon him of the Judgment
writ of summons, consent to judgment either for the whole or any part of the by consent.
plaintiff's claim. Such consent if not given before the Court or Judge shall
be in writing and signed by the defendant, his solicitor or counsel; and if
signed by the defendant alone shall be so signed in the presence of the
Registrar, and no order for entering judgment shall be made by consent
unless the requirements of this rule have been satisfied.

22. Every consent in writing shall be filed in the Registry and the Consent to
Court or Judge shall, unless it or he sees good reason to the contrary, give be filed.
judgment in terms of such consent.

23. The provisions of the two preceding rules shall apply, mutatis judgmentt
mutandis, where a plaintiff consents to judgment for the whole or any part by consent.
of a counterclaim, claim.
24. Whenever a judgment shall be satisfied, if an application be made Entry of
by the plaintiff and the defendant to the Registrar in a summary way, an satisf-
entry of satisfaction shall be made on the original judgment by the Registraron









The Federal Supreme Court (Original Jurisdiction) Rules,
179 1958-0. XXIV

at the cost of the defendant. If the plaintiff refuse or neglect to join in having
such entry made, the defendant may apply by summons to the Court or a
Judge for an order to have such entry made.

ORDER XXIV
EXHIBITS
List of 1. (1) The Registrar shall take charge of every document or object put
exhibits, in as an exhibit during the trial of an action, and shall mark or label every
exhibit with a letter or letters indicating the party by whom the exhibit is
put in (or where more convenient the witness by whom the exhibit is proved)
and with a number, so that all the exhibits put in by a party (or proved by a
witness) are numbered in one consecutive series.
(2) The Registrar shall cause a list of all the exhibits in the action
to be made.
(3) The list of exhibits when completed shall be attached to the
proceedings and shall form part of the record of the action.
(4) For the purpose of this Order a bundle of documents may be
treated and counted as one exhibit.
(5) In this rule a witness by whom an exhibit is proved includes a
witness in the course of whose evidence the exhibit is put in.

Custody of 2. Exhibits in an action shall be kept in the custody of the Registrar
exhibits until the expiration of the time for appealing against any judgment or order
after trial. in the action, and if at the expiration of such time an appeal against such
judgment or order is pending, then until the final determination of such
appeal, after which date the Registrar shall, unless otherwise ordered by the
Court or a Judge, return such exhibits on demand to the respective parties on
whose behalf they were put in: Provided that if he is satisfied that it is
expedient to do so the Registrar may return an exhibit to a party on whose
behalf it was put in at any earlier time on his taking, so far as is practicable,
regard being had to the nature of the exhibit, a copy of the same, or of the
relevant parts of the same, and obtaining an undertaking in writing from such
party that he will keep the exhibit duly marked and labelled as before and,
in the event of an appeal, produce it so marked and labelled at the hearing
of the appeal in case he is required by the appellate tribunal so to do.
Office copy 3. (1) Any party may apply for and on payment of the prescribed fee
of list of obtain an office copy of the list of exhibits for the purpose of an appeal.
exhibits.
(2) Where there is an appeal, the appellant shall include an office
copy of the list of exhibits amongst the documents supplied to the proper
officer of the appellate Court for the purpose of the appeal.

ORDER XXV
EXECUTION
Execution 1. (1) The process for the execution of any judgment shall be by writ
to be by
writ. signed by the Registrar and addressed to the Sheriff or his lawful deputy.
Form 15. (2) A writ of execution shall be in Form 15 of Appendix A to these
Rules with such variations as circumstances may require.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXVI 180

2. Any such process shall be invalid -if a wrong person is named Writ in-
therein as a party, but no such process shall le invalid merely by reason of valid if
wrong
the misspelling of name therein or by error as to date. person
named
ORDER XXVI therein.
SECURITY FOR COSTS

1. (1) A plaintiff ordinarily resident outside the Federation may be Security
,ordered to give security for costs notwithstanding that he may be temporarily for costs
resident within the Federation.

(2) A defendant setting up a counterclaim not arising out of the
.applicant's claim may be ordered to give security for costs in like manner
as an applicant making the claim might be so ordered.
(3) When security for costs is required or ordered the security shall
he of such amount, and be given at such time and in such manner or form,
.as the Court or a Judge directs.
(4) !Where a bond is to be given as security for costs, it shall, unless
the Court or a Judge otherwise directs, be given to the Registrar of the Court.
(5) Nothing in this Order shall be deemed to deprive the Court of
.any power which it would otherwise have to order any party to give security
for costs.

ORDER XXVII
TRANSFER AND CONSOLIDATION OF ACTIONS
1. A Judge may, at the request or with the consent of any other Power of
judge before whom a cause or matter is pending, hear such cause or matter one Judge
or any application therein, and for that purpose it shall not be necessary to hear
cause or
that any order for transfer shall be made or consent of the parties obtained, matter for
another.
2. If it be established to the satisfaction of the Court or a Judge that Consolida-
it will be convenient or that time or costs will be saved, the Court or a Judge tion of
may, on the application of any party, direct that two or more actions be causes or
consolidated and heard together; or where it appears that the legal liability matters.
of several defendants to separate actions will be decided by the judgment to
be given in any one of such actions, the Court or a Judge may direct that
further proceedings in all of such actions, save one, may be stayed until final
judgment be given in the action which proceeds, on such terms as to the
defendants to the actions which are stayed consenting to be bound, so far as
their legal liability is concerned, by such judgment, or otherwise as to the
'Court or Judge shall seem just.

ORDER XXVIII
MOTIONS AND OTHER APPLICATIONS
1. Where by these Rules any application is authorised to be made Applica-
to the Court or a Judge, such application shall be made by motion in Court, tion by
-unless under Order XXIX or any other Order, the application may be onmoton
.summons in chambers.









The Federal Supreme Court (Original Jurisdiction) Rules,
181 1958-0. XXIX

Where 2. Except where by rules of Court it is provided that an order may
notice of be made absolute ex parte in the first instance, and except where a motion
motion to
be given, or application to show cause only may be made, no motion shall be made
without previous notice to the parties affected thereby. But the Court or a
Judge, if satisfied that the delay caused by proceeding in the ordinary way
would or might entail irreparable or serious mischief, may make any order
ex parte upon such terms as to costs or otherwise, and subject to such under-
taking, if any, as the Court or Judge may think just: and any party affected
by such order may move to set it aside.

Length of 3. Unless the Court or a Judge give special leave to the contrary
notice of there must be at least four clear days between the service of a notice of motion
motion. and the day named in the notice for hearing the motion.


Motions 4. If on the hearing of a motion or other application the Court or a
may be Judge shall be of opinion that any person to whom notice has not been given
adjourned
or dis- ought to have or to have had such notice, the Court or Judge may either
missed dismiss the motion or application, or adjourn the hearing therof, in order that
here neeces- such notice may be given, upon such terms, if any, as the Court or Judge may
not given, think fit to impose.

Adjourn- 5. The hearing of any motion or application may from time to time
ment of be adjourned upon such terms, if any, as the Court or Judge may think fit.
hearing.
Service of 6. The plaintiff shall, without any special leave, be at liberty to serve
defie nnt any notice of motion or other notice or any petition or summons upon any
served defendant, who, having been duly served with a writ of summons to appear,
with writ, has not appeared within the time limited for that purpose.
hut not
appearing.

Service 7. The plaintiff may, by leave of the Court or a Judge to be obtained
of notice
of motion ex part, serve any notice of motion upon any defendant, along with a writ.
with writ. of summons or at any time after service of the writ of summons and before
the time limited for the appearance of such defendant.

Form of 8. A notice of motion shall be in Form 16 of Appendix A of these
notice of
motion, rules with such variations as circumstances may require.
Form 16.
ORDER XXIX

APPLICATIONS AND PROCEEDINGS IN CHAMBERS -
SUMMONSES

Business in 1. The business to be disposed of in chambers by the Judge shalf
chambers, consist of the following matters, in addition to the matters which under any-
other rule or by any law of the Federal Legislature or statute may be disposed
of in chambers:-









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXIX 182

(1) applications
(a) for payment or transfer to any person of any cash or securities
standing to the credit of any cause or matter where there has
been a judgment or order declaring the rights or where the
title depends only upon proof of the identity or the birth,
marriage or death of any person;
(b) for payment or transfer to any person of any cash or
securities standing to the credit of any cause or matter or for
the distribution of any moneys paid into Court under any
law;
(c) for payment to any person of the dividend or interest on any
securities standing to the credit of any cause or matter,
whether to a separate account or otherwise;
(d) for the investment of any funds paid into Court under any
law or Order of the Court;
(e) for or relating to the sale by auction or private contract of
property, and as to the manner in which the sale is to be
conducted, and 'for payment into Court and investment of the
purchase money;
(f) for the review of taxing officer's decision;
(g) for time to plead, for leave to amend pleadings, for discovery
and production of documents, and generally all applications
relating to the conduct of any cause or matter;

(2) proceedings under Order XXI;

(3) such other matters as the Judge may think fit to dispose of at
chambers.

2. (1) Every application at chambers not made ex part shall be made Applica-
y s ons to be
by summons. by sum-
mons.

(2) A summons shall be in Form 17 of Appendix A of these Rules Form of
with such variations as circumstances may require. summons.
Form 17.
(3) Ex parte applications shall be made upon affidavit alone except in Ex parte
cases where the application is for payment or transfer out of count made applica-
ex parte and every other application made ex parte in which the Judge shall tons.
think fit so to require shall be made by summons.

3. Every summons, not being an originating summons to which an Service of
appearance is required to be entered, shall be served four clear days before summons.
the return thereof, unless in any case it shall be otherwise ordered; Provided
that in case of summonses for time only, the summons may be served on the
day previous to the return thereof.









The Federal Supreme Court (Original Jurisdiction) Rules,
183 1958-0. XXIX

Proceeding 4. Where any of the parties to a summons fail to attend, whether
ex parte upon the return of the summons, or at any time appointed for the consideration
where any or further consideration of the matter, the Judge may proceed ex parte, if,
to attends considering the nature of the case, he think it expedient so to do; no affidavit
of non-attendance shall be required or allowed, but the Judge may require
such evidence of service as he may think just.
Re- 5. Where the Jlidge has proceeded ex parte, such proceedings shall
considera- not in any manner be reconsidered in the Judge's chambers, unless the Judge
parte pro- shall be satisfied that the party failing to attend was not guilty of wilful delay
seedings. or negligence; and in such case the costs occasioned by his non-attendance
shall be in the discretion of the Judge, who may fix the same at the time, and
direct them to be paid by the party or his solicitor before he shall be
permitted to have such proceeding reconsidered, or make such other order as
to such costs as he may think just.
Costs 6. Where a proceeding in chambers fails by reason of the non-
thrown
away by attendance of any party, and the Judge does not think it expedient to proceed
non- ex parte, the Judge may order such an amount of costs (if any) as he shall
attendance think reasonable to be paid to the party attending by the absent party or by
of any
party. his solicitor personally.
Further 7. Where matters in respect of which summonses have been issued
attendance
where sum- are not disposed of upon the return of the summons, the parties shall attend
mons not from time to time without further summons, at such time or times as may be
fully dis- appointed for the consideration or further consideration of the matter.
posed of.

What 8. In every cause or matter where any party thereto makes any
matters to application at chambers, either by way of summons or otherwise, he shall
be in. be ait liberty to include in one and the same application all matters upon which
eluded in
same sum- he then desires the order or directions of the Judge; and upon the hearing of
mons. such application it ,shall be lawful for the Judge to make any order and give
any directions relative to or consequential on the matter of such application as
may be just.

Adjourn- 9. Any application may, if the Judge thinks fit, be adjourned from
ment into Chambers into Court or from Court into Chambers.
Court, or
into
Chambers.
Disposal 10. In any cause or matter on the application of any party thereto, any
of business Judge may, and, if the circumstances require it, shall 'hear and dispose of any
by one
Judge for application therein on behalf of any other Judge by whom the application
another. would otherwise have been heard.

Issue of 11. A summons in all cases of applications originating in chambers,
summons, or an originating summons, shall be prepared by the applicant or his solicitor,
and shall be sealed in the Registry, and when so sealed shall be filed and shall
then be deemed to be issued. The person presenting the summons to be filed
shall leave at the Registry a copy or copies thereof, as the case may be, for
service which shall be certified by the Registrar and sealed with the seal of
the Court.








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXX 184

12. A Judge in Chambers if he thinks it desirable that any summons, Power to
appeal or application owing to its importance or the length of time likely to be direct
occupied or for any other reason should be heard in Court may direct that Court.
the same be so heard or may adjourn the same to be so heard: provided that
any decision in Court on any summons, appeal or application shall be deemed
to be a decision at chambers.

13. An order made upon a summons shall be in Form 18 of Appendix Form of
A to these Rules with such variations as circumstances may require. It shall Order.
be sealed and marked with the name of the Judge by whom it was made. Form 18.

14. (1) An appeal from the decision of a Judge in Chambers in any Appeals
interlocutory matter shall lie to the Court which shall consist of two or more fromb
judges. chambers.

(2) Every appeal to the Court under this rule shall be by motion and
shall be made within eight days of the decision appealed against or such
further time as may be allowed by the Court.

(3) The notice of motion shall be served two clear days before the
day named in the notice for hearing.

ORDER XXX
APPLICATIONS ON ORIGINATING SUMMONS
1. Any person claiming to be interested under a deed, will, or other Construc-
written instrument, may apply by originating summons for the determination tion of
of any question of construction arising under the instrument and for aee
declaration of the rights of the persons interested.

2. Any person claiming any legal or equitable right in a case where Construe-
the determination of the question whether he is entitled to the right depends tion of
upon a question of construction of any law of the Federation or of a Territory, aws.
may apply by originating summons for the determination of such question ot
construction, and for a declaration as to the right claimed.

3. The Court or a Judge may direct such persons to be served with Service.
the summons as they or he may think fit.

4. The application shall be supported by such evidence as the Court Evidence.
or a Judge may require.

5. The Court or a Judge shall not be bound to determine any such Discretion
question of construction if in their or his opinion it ought not to be determined of Court.
on originating summons.

6. (1) Where by any law or rule of Court it is provided that an Issue and
application to the Court shall be made by an "originating motion" such service of
application shall be made by originating summons or by petition, originating
summons.
(2) Before the issue of an originating summons not inter parties the Directions
as to
person intending to issue the same shall apply ex parte by affidavit to a Judge persons to
in Chambers for a direction as to the persons (if any) to be served, be served.








The Federal Supreme Court (Original Jurisdiction) Rules,
185 1958-0. XXXI

(3) The provision of these Rules as to service of a writ of summons
shall apply to originating summonses as far as is practicable.

Form of 7. An originating summons shall be in Forms 19, 20 or 21 of
originating Appendix A to these Rules with such variations as circumstances may require.
summons.
Forms 19,
20 and 21.

Appearance 8. The parties served with an originating summons shall, except as
to hereinafter provided, before they are heard, enter appearance at the Registry
summons, and give notice thereof. A party so served may appear at any time before the
hearing df the summons. If he appears at any time after the time limited
by the summons for appearance he shall not, unless the Court or a Judge shall
otherwise order, be entitled to any further time for any purpose, than if he
had appeared according to the summons.
Attendance 9. The day and hour for attendance under an originating summons
under origi- to which an appearance is required to be entered shall after appearance be fixed
eating
summons, by notice sealed with the seal of the Court. Such notice shall be in Form 22
Form 22. of Appendix A to these Rules. The notice shall be served on the defendant
or respondent by delivering a copy thereof at the address for service named
in the memorandum of appearance of such defendant or respondent not less
than four clear days before the return day.

ORDER XXXI
APPLICATIONS FOR MANDAMUS OR PROHIBITION

Meaning of 1. In this order the expression "prerogative order" means an order
"preroga- of mandamus or of prohibition or an order for injunction made in proceedings
tive
order". in lieu of information in the nature of quo warrant.

Proceed- 2. Unless the Chief Justice otherwise directs proceedings for a writ
imndamus or order under paragraph (1) (b) of article 80 of the Constitution shall be
or prohi- instituted, heard and determined in the Territory where the officer against
bition whom the writ or order is sought holds or has held office and, in the case of
where
instituted, an authority, where such authority exercises or performs or has exercised or
performed its powers and duties.
Abolition 3. In any proceedings for a prerogative order, no order nisi, rule
of order
nisi, rule nisi, or summons to show cause shall be made, granted or issued.
nisi and
summons
to show
cause.
Application 4. (1) No application for a prerogative order shall be made unless leave
for manda-
mus, et., therefore has been granted in accordance with this rule.
not to be
made with- (2) An application for leave under this rule shall be made ex parte to
out leave, a Judge in Chambers, and shall be accompanied by a statement setting out the
name and description of the applicant, the relief sought, and the grounds on
which it is sought, and by affidavits verifying the facts relied on.








The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXI 186

(3) Where an application for leave under this rule is refused by a
Judge in Chambers, the applicant may appeal in accordance with the provisions
-of these Rules relating to an appeal from chambers.

(4) The statement referred to in paragraph (2) of this rule shall be Form of
in Form 23 of Appendix A to these Rules with such variations as circumstances statement.
in Form 23.
.may require.

5. (1) When leave has been granted to apply for a prerogative order, Application
the application shall be made to not less than two Judges, except in vacation to be by
-when it may be made by summons to a Judge in Chambers, and there shall, notice of
-mless the Court or Judge granting leave has otherwise directed, be at least summons.
-eight clear days between the service of the notice of motion or summons and
;the day named therein for the hearing.

(2) Unless, within fourteen days after leave has been granted, the
-notice or summons is put in the list for hearing, the leave shall lapse.

(3) The notice or summons shall be served on all persons directly
.affected, and an affidavit giving the names and addresses of, and the place
.and date of service on, all persons who have been served with the notice of
motion or summons shall be filed before the notice or summons is put in the
list for hearing, and, if any person who ought to be served has not been
.served, the affidavit shall state that fact and the reason why service has not
been effected, and the affidavit shall he before the Court on the hearing of the
-motion or summons.

(4) If on the hearing of the motion or summons the Court or Judge
is of the opinion that any person who ought to have been served therewith has
not been served, whether or not he is a person who ought to have been served
-under the 'foregoing provisions of this rule, the Court or Judge may adjourn
the hearing, in order that the notice or summons may be served on that person,
-upon such terms (if any) as the Court or Judge may direct.

(5) The notice of motion or the summons referred to in paragraph (1) Form of
-of this rule shall be in Forms 24A or 24B of Appendix A to these Rules with notice of
motion or
such variations as circumstances may require. summons.
Forms 24a
and 24b.
6. (1) Copies of the statement accompanying the application for leave Statements
shall be served with the notice of motion or summons, and copies of any and
.affidavits accompanying the application for leave shall be supplied on demand affidavits.
-and on payment of the proper charges, and no grounds shall, subject as
hereafter in this rule provided, be relied upon or any relief sought at the
hearing of the motion or summons except the grounds and relief set out in
the said statement.

(2) The Court or Judge may on the hearing of the motion or summons
.allow the said statement to be amended, and may allow further affidavits to
be used if they deal with new matter arising out of the affidavits of any other
-party to the application, and where the applicant intends to ask to be allowed
:to amend his statement or use further affidavits, he shall give notice of his








The Federal Supreme Court (Original Jurisdiction) Rules.
187 1958-0. XXXII

intention and of any proposed amendment of his statement, and shall supply
on demand and upon payment of the proper charges copies of any further
affidavits.

(3) Every party to the proceedings shall supply to any other party, on,
demand and on payment of the proper charges, copies of the affidavits which
he proposes to use at the hearing.
Right to be 7. On the hearing of any such motion or summons as aforesaid, any
heard in person who desires to he heard in opposition to the motion or summons and
appears to the Court or Judge to be a proper person to be heard shall be-
heard, notwithstanding that he has not been served with the notice or summons,
and shall be liable to costs in the discretion of the Court or Judge if the order
should be made.

ORDER XXXII
SERVICE OF WRITS AND OTHER DOCUMENTS
Change of 1. An address for service pursuant to Orders V and VI may be-
address changed by any party filing with the Registrar a notice in writing stating
for service, that he has changed his address for service and appointing some other place
within the prescribed distance from the Registry as his address for service,
and by serving upon the opposite party a copy of such notice. Until such
notice is filed and such copy is served any document served at the original
address for service shall be deemed to have been duly served.
Dies non 2. Writs and other documents, except a warrant, may not be served
on a holiday or between 8 p.m. and 6 a.m. and no such service shall be valid-
Documents 3. Personal service is required of the following documents -
requiring
personal (1) writs of summons and originating summons;
(2) amended writ of summons before appearance, if amendment
substantial:
(3) notice of writ of summons for service out of the jurisdiction;
(4) motions for any prerogative writ, or order and any other
originating applications;
(5) subpoenas and all documents required to be served on any person
not a party to the proceedings and not yet served with anv
document referred to in paragraphs (1), (2), (3) or (4) of this
rule;
(6) any document in respect of which a Court or Judge orders:
personal service.
Manner of 4. (1) Service of all documents (except subpoenas) requiring personal
personal
service, service shall be by the Sheriff except where otherwise ordered under rule 5
of this Order.
(2) Personal service shall be effected by handing to and leaving
with the person to be served a copy of such document and, if asked, showing
him the original or a sealed copy thereof. If the person to be served will not









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXII 188

take such copy the Sheriff or person authorised to effect service shall tell him
-what the document contains and leave it as nearly as possible in his possession
or control.

5. Where personal service of any document is ordered or otherwise Substituted
-required and it is made to appear to the Court or a Judge that prompt personal service.
service cannot be effected, the Court or Judge may make such order for
substituted or other service, or for the substitution of notice for service by
letter, public advertisement or otherwise, as may be just. Any such order
may be 'made on application ex parte.

6. No service of any writ of summons or originating summons shall Uiidertak-
be required when the defendant by his solicitor undertakes in writing to ing to
accept
accept service, and enters an appearance. service.

7. (1) All documents required to be served on the Federation or on Service on
:a Territory may be served on the person who may legally sue or be sued on particular
behalf of the Federation or of a Territory having regard to the nature of the Depart-
-proceedings. Where such person is the Attorney General of the Federation ments.
-or of a Territory, such service shall be on the Crown Solicitor if any, and
if not, then on the Attorney General.

(2) All documents to be served on the Federation or on a Territory
shall be treated for the purposes of these Rules as documents in respect of
-which personal service is not requisite.

(3) In this rule the expression "document" includes writs, notices,
pleadings, orders, summonses, warrants and other documents, proceedings
.and written communications.

8. In the absence of any statutory provision regulating the service Service on
.of process, a notice of motion for a prerogative writ or order under paragraph "a autho-
(1) (b) of article 80 of the Constitution against an authority of the Federation rity of the
-or of a Territory where such authority consists of a corporation aggregate or or of a
of a body of two or more persons, may be served on the head officer, clerk Territory.
-or secretary of such authority.

9. All documents not required to be served personally upon a party Service
-o any proceedings may be served peo naot
service.
(a) by leaving the document within the prescribed hours at the
address for service and, if no address for service is given, at
the office of the person to be served, or of any agent whom he
has nominated for the purpose, but in either case with a
person belonging to the office where the document is left, or
(b) by posting it in a prepaid registered envelope addressed to
the person to be served or any such agent as aforesaid; and
where service under this rule is made by registered post the
time at which the document if so posted would be delivered
in the ordinary course of post shall be considered as the time
of service thereof.









The Federal Supreme Court (Original Jurisdiction) Rules,
189 1958-0. XXXII

Person by 10. (1) Save where otherwise provided by a law of the Federal
viem sto- Legislature or by rules of court, service of subpoenas and all documents not
effected requiring personal service may be effected either by the Sheriff or by the
and proof legal representative of the party in whose interest the document is served
of service, or by any responsible person in the employ of such representative.

(2) Where service has been effected by the Sheriff, proof of service-
shall be by a certificate purporting to be made by the Sheriff; and where
service is effected by a legal representative or his responsible employee, proof
of service shall be by an affidavit made by such representative or employee.

(3) The certificate or affidavit referred to in paragraph (2) of this.
rule shall state when. where and how such service was effected.

Service 11. Where no appearance has been entered for a party, or where a-
where no party or his solicitor, as the case may be, has omitted to give an address for
appearance
or no service as required by this Order and Orders V and VI, all writs, notices..
address for pleadings, orders, summonses, warrants and other documents, proceedings,
service, and written communications in respect of which personal service is not
requisite may be served by filing them at the registry where the proceedings.
were instituted.
Telegra- 12. (1) Any document or communication which by any law, rule of
hopes. Court or agreement of parties, is required to be served on any person may be
transmitted by telegraph, and a telegraphic copy may be served in the same-
manner as if it were the original and service of such cop), shall have the same-
effect as if the original had been served.

(2) The person served with a telegraphic copy may require the person-
serving the document within a reasonable time after service of the telegraphic-
copy -
(a) to have the original produced for his inspection and to receive-
a copy thereof; where the document is one requiring personal
service: or
(b) to receive the original where the document is one not retluiring-
personal service.

(3) A Court or Judge on being satisfied that paragraph (2) of this
rule has not been complied with may set aside the service of the telegraphic-
copy.

Time of 13. Delivery or service of pleadings, notices, summonses, orders, rules,
day for and other proceedings and written communications effected after the hour
service.
of four in the afternoon or on Saturdays after the hour of one in the afternoon
shall, for the purpose of computing any period of time subsequent to such
delivery or service, be deemed to have been effected on the following day. or
in the case of Saturdays. on the following Monday.

Showing 14. Except in the case of an order for attachment, it shall not be-
orgr on necessary to the regular service of an order that the original order be shown.
service, if an office copy of it be exhibited.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXIII 190

15. Notices sent from any registry or office of the Court may be sent Service of
'by post; and the time at which the notice so posted would be delivered in notices
from
the ordinary course of post shall be considered as the time of service thereof, Supreme
and the posting thereof shall be a sufficient service. Court.

16. Where a party after having sued or appeared in person has given Service
notice in writing to the opposite party or his legal representative, through a olcitor or
legal representative, that such legal representative is authorised to act in the party
cause or matter on his behalf, all writs, notices, pleadings, summonses, orders, formerly
warrants, and other documents proceedings, and written communications inpearson
which ought to be delivered to or served upon the party on whose behalf the
notice is given shall thereafter be delivered to or served upon such legal
representative.

17. Where a person who is not a party appears in any proceeding Service
either before the Court or in Chambers, service upon the solicitor or legal upon?
representative by whom such person appears in the Territory where the person not
proceedings were instituted whether such solicitor or legal representative act a party.
.as principal or agent, shall be deemed good service except in matters requiring
personal service.

18. The person serving a writ of summons shall, within three days Indorse-
.at most after such service, indorse on the writ the day of the month and week ment on
-of the service thereof, otherwise the plaintiff shall not be at liberty, in case service.
.of non-appearance, to proceed by default; and every affidavit of service and
.such writ shall mention the day on which such endorsement was made. This
-rule shall apply to substituted as well as other service.

ORDER XXXIII
FEES OF COURT

1. No fees shall be payable by the Federation or a Territory or any Govern-
person suing or being sued on behalf of the Federation or a Territory in Feeration
respect of or Territo-
ry exemp-
(a) any civil cause or matter to which the Federation or a ted from
Territory or any person so suing or being sued is a party; or payment of
fees.
(b) any suit instituted by or against the Federation or a Territory
or any person so suing or being sued;
Provided that a judgment in favour of the Federation or a Territory or
;any person so suing or being sued for costs to be paid by any party, not being
the Federation or a Territory or any person so suing or being sued, shall,
unless the Court otherwise orders, include the amount of any fees which
would have been payable if the suit had been brought or instituted by or
.against a private person.

2. Subject to the provisions of the preceding rule, the fees prescribed Fees of
Court in
in Appendix B shall be charged in respect of the matters to which they are Appendix
respectively assigned. B.








The Federal Supreme Court (Original Jurisdiction) Rules,
191 1958-0. XXXIV

ORDER XXXIV
TAXATION OF COSTS

Fees of 1. The Registrar or such deputy registrar as the Registrar by general
legal prac- or special direction shall nominate shall be the Taxing Officer and in the
witnesses, taxation of costs shall pursue such instructions as may from time to time be
etc. given by the Court for that purpose.
Legal 2. (1) Subject to the provisions of this Rule, a Taxing Officer when
praeti- taxing the fees for professional legal service shall -
fees. (a) unless the Court when awarding costs orders otherwise, allow
all such costs, charges and expenses as shall appear to him to
have been necessary or proper for the attainment of justice
or for the defending the rights of any party, but save as
against the party who incurred the same, no costs shall be
allowed which appear to the Taxing Officer to have been
incurred or increased through over-caution, negligence or
mistake, or by payment of special fees to counsel or special
charges or expenses to witnesses or other persons, or by
other unusual expenses:
(b) adhere to the Schedule of Allowances in Appendix C.

(2) In taxing party and party costs, the Taxing Officer shall also,
unless the court when awarding costs orders otherwise, allow -
(a) the reasonable fees consequent upon the engagement of
counsel: Provided that he may disallow the fee df more than
one counsel in unopposed matters and in matters in which
counsel has not appeared on the other side;
(b) in any matter which does not conclude upon the first day,
reasonable refreshers for each day subsequent to the first;
(c) junior counsel's fee on the basis of two-thirds of the fee
allowed to leading counsel (excluding travelling expenses and
any special fee allowed to leading counsel) where fees to
leading and junior counsel are allowed.

(3) The Taxing Officer may in exceptional cases an'd for good and
sufficient reason depart from any of the provisions of the Schedule of
Allowances contained in Appendix C, and in particular in the taxation of
solicitor and client bills of costs, where strict adherence to such provisions
would be inequitable.
Witnesses' 3. (1) Witnesses requiring payment shall be paid for their attendance and
and allow- travelling in accordance with the tariff prescribed in Appendix D.
dances.
(2) The charges of witnesses as fixed by tariff are to be considered as
payable to the witnesses by the party who summoned or produced him, and
in the event of any such party being awarded his costs against any other party,
the said charges shall be allowed against such other party in the taxation of
costs.









The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXIV 192

(3) Any person applying to the Registrar for the issue of a subpoena
to compel the attendance of any witness shall by endorsement on such subpoena
accept responsibility for the payment of all expenses due to such witness,
failing which no subpoena shall issue until the expense of such witness has
first been deposited with the Registrar.

(4) In the taxation of costs between party and party no amount shall
be allowed for any witness whether for attendance or travelling expenses
unless there is produced to the Taxing Officer proof that such amount has
already been paid or tendered to or claimed by such witness.

(5) In the taxation of costs between party and party nothing shall be
allowed for any witness not examined unless upon proof that his evidence
might reasonably have been believed to be material and necessary.

(6) If a number of witnesses manifestly greater than was reasonably
necessary has been summoned by any party there shall only be allowed against
the other party the charges for such witnesses as were reasonably necessary.

(7) In the taxation of costs between party and party no amount shall
be allowed for any witness in respect of personal attendance or travelling
expenses if the fact or facts which such witness is subpoenaed to prove have,
before the issue of such subpoena, been admitted to the party taking out the
subpoena by the opposite party: Provided that such admission shall be in
writing, signed by the party making it or his legal representative, as the case
may be.

(8) When the same person is a witness in more cases than one heard
on the same day, he shall be entitled to no more than one fee for personal
attendance and one allowance for travelling expenses, which shall be equally
divided between such cases.

4. The fees to be charged for interpreters, witnesses, special com- Fees of in-
missioners and examiners shall be those set forth in Appendix D. terpreters,
witnesses,
etc. in
Appendix
D.
5. (1) In all cases where a notice of taxation is necessary, seven days' Taxation
notice together with a copy of the bill of costs shall be given by the legal of costs.
practitioner of the party whose costs are to be taxed to the other party or
his legal practitioner. Where the party has not appeared no copy of the bill
of costs need be sent.

(2) In the taxation of costs, where the circumstances warrant the
same, the notice of taxation with a copy of the bill of costs may be transmitted
to the party appearing in person by registered post.

6. The Taxing Officer shall, at the request of any legal practitioner Solicitor
or the person on whose instructions the services were rendered, tax as between and client
solicitor and client a bill of costs for services connected with any proceedings costs.
in the Court:









The Federal Supreme Court (Original Jurisdiction) Rules,
193 1958-0. XXXIV

Provided that, unless the client's written consent is endorsed upon the-
bill of costs, the Taxing Officer shall not proceed to taxation of such bill of
costs unless the client has received reasonable notice of the time and place-
of taxation.

Attendance 7. The Taxing Officer shall have authority to arrange and direct what
of parties parties are to attend before him on the taxation of costs to be borne by a fund'
tion. or estate, and to disallow the costs of any party whose attendance the Taxing:
Officer shall in his discretion consider unnecessary.
Objections 8. Any party who may be dissatisfied with the allowance or
to
Taxation. disallowance by the Taxing Officer, in any bill of costs taxed by him, of the-
Review. whole or any part of any items, may, at any time before the certificate or
allocatur is signed, or such earlier time as may in any case be fixed by the-
Taxing Officer, deliver to the other party interested therein, and carry in
before the Taxing Officer, an objection in writing to such allowance or:
disallowance, specifying therein by a list, in a short and concise form the-
items, or parts thereof, objected to, and the grounds and reasons for such
objections and may thereupon apply to the Taxing Officer to review the-
taxation in respect of the same. The Taxing Officer may, if he shall think
fit, issue, pending the consideration of such objections, a certificate of taxation
or allocatur for or on account of the remainder of the bill of costs and such'
further certificate or allocatur as may be necessary shall be issued by the-
Taxing Officer after his decision upon such objections.
Review of 9. Upon such application the Taxing Officer shall reconsider and'
taxation by
Taxing review his taxation upon such objections, and he may, if he shall think fit,.
Officer. receive further evidence in respect thereof, and, if so required by either party,
he shall state either in his certificate of taxation or allocatur, or by reference-
to such objection, the grounds and reasons of his decision thereon, and any
special facts or circumstances relating thereto. The Taxing Officer may tax
the costs of such objections and add them to or deduct them from any sunm
payable by or to any party to the taxation.

Review of 10. Any party who may be dissatisfied with the certificate or allocatur
decision of of the Taxing Officer, as to any item or part of an item which may have been
Taxing
Officer. objected to as aforesaid, may within fourteen days from the date of the
certificate or allocatur or such other time as the Court or Judge, or Taxing-
Officer, at the time he signs his certificate or allocatur, may allow, apply to-
a Judge at Chambers for an order to review the taxation as to the same
item or part of an item, and the Judge may thereupon make such order as
the Judge may think just; but the certificate or allocatur of the Taxing
Officer shall be final and conclusive as to all matters which shall not have been
objected to in manner aforesaid.

Reference 11. The Taxing Officer may, without filing any formal documents,.
to Judge
tn submit any point arising at a taxation for decision by a Judge in Chambers,.
Chambers. and it shall be competent for the Taxing Officer and for the legal practitioners:
who appeared at the taxation to appear before the Judge respecting such
point.










The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXV 194

ORDER XXXV
SUBPOENA

1. Where it is intended to sue out a subpoena, a praecipe for that Forms of
purpose in Form 25 in Appendix A, and containing the name or firm and praecipe
the place of business or residence of the solicitor intending to sue out the for a
subpoena.
same, and, where such solicitor is agent only, then also the name or firm Form 25.
.and place of business or residence of the principal solicitor, shall in all cases
be delivered and filed at the Registry.

2. Where a party is suing in person he shall at the request of the Deposit
of ex-
Registrar and before issue of the subpoena deposit with the Registrar such penss by
sum as the Registrar shall fix as being calculated to cover the reasonable party.
.expenses of all persons named in the subpoena.

3. A writ of subpoena shall be prepared by the party desiring to issue Form of
it and shall be in one of the Forms 26 to 28 in Appendix A. with such writ of
variations as circumstances may require. subpoena.
Forms 26,
27 and 28.

4. It shall not be competent for any party to compel the attendance Consent of
'of any witness for the purpose of giving evidence of his opinion only on any Judge for
question of foreign law, usage or custom without the consent in writing of a ubpoenass
Judge having been first had and obtained, on foreign
law, etc.

5. It shall be competent for any Judge on being applied to for his Discretion
consent as in the preceding rule mentioned either to withhold such consent of Judge.
or to grant the same on such terms, as to the payment or tender of allowances
to the witness and as to the amount of such allowances, as to such Judge seems
fit and reasonable.

6. Every subpoena other than a subpoena duces tecum may contain Subpoenn
four names where necessary or required. restricted
to four
persons.
7. No more than three persons shall be included in one subpoena Subpoena
duces tecum and the party suing out the same shall be at liberty to sue out a duces teenu
restricted
subpoena duces tecum for each person if it is necessary or desirable to three
persons.
8. Any person having been duly served with a subpoena a reasonable Attach-
time before the date on which he is required by it to attend at the place named, ment of
and his reasonable expenses having been paid or tendered to him and not witnss in
having any lawful impediment, will on his default be liable to be attached,efalt.
.fined and imprisoned for his contempt of the process of the Court, without
prejudice to any other claim or remedy the party aggrieved by his default
may by law have against him on that account.

9. The service of any subpoena shall be of no validity if not made within
Avithin twelve weeks after the teste of the writ. what time
subpoena
to be
served.









The Federal Supreme Court (Original Jurisdiction) Rules,
195 1958-0. XXXVI

Duration of 10. Every subpoena shall remain in force from the date of issue until
subpoena. the trial of the action or matter in which it is issued.

ORDER XXXVI
CONTEMPT OF COURT
Proceed- 1. The institution by a party of proceedings for contempt of Court
ings for shall be made by notice of motion to the person against whom the contempt of
by notice Court is alleged.
of motion.
Contents 2. Such notice of motion shall set forth distinctly the grounds of
of notice. complaint and shall be supported by an affidavit of the facts.

Contempt 3. Nothing in rules 1 and 2 of this Order contained shall affect the
in Court's power of the Court to deal summarily with a contempt of Court committed
presence. in its presence without any written charge or notice to the offender.

Writ for 4 Where the Court or a Judge has imposed a fine for contempt of
recovery of
a fine. Court, the Registrar shall furnish the Sheriff with the particulars of such fine
and deliver to him a writ with such variations as the circumstances of the case
require. Immediately on delivery of such writ the Sheriff shall execute the
same in terms thereof.

oWit f al. Where the Court or a Judge orders a person to be committed to-
prison or imposes a sentence of imprisonment for contempt of Court, the-
Registrar shall furnish the Sheriff or a constable or other peace officer, with
a writ of personal attachment and committal to prison. Immediately on,
delivery of such writ the Sheriff or any constable or other peace officer to.
whom it is delivered, shall execute the same.

ORDER XXXVII
SHORTHAND RECORDS
Shorthand 1. (1) At the trial of any action or at the hearing of any application
writers where oral evidence is admitted the oral evidence may be taken down by a.
competent shorthand writer, approved by the Court.

(2) Such approval may only be given if the remuneration of the
shorthand writer is provided by law from the public funds or by one or more
parties to the proceedings.
Oath or 2. Every shorthand writer employed for the above purpose shall be-
affirma-
tion. deemed to be an officer of the Court, and ,shall, before entering on his duties,
take before a Judge an oath or affirmation in the form prescribed in rule 3.
Form of 3. The oath or affirmation to be taken by a shorthand writer shall be
oath or in the following form -
affirma-
tion.
"I, A.B., do swear by Almighty God/affirm that I will faith-
fully, accurately and to the best of my ability take down in
shorthand as directed by the Judge, the proceedings in any case







The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXVIII 196

in which I may be employed as an officer of the Court, and that I
will similarly, when required to do so, transcribe the same or any
other notes taken by any officer of the Court."

4. The shorthand notes taken as above directed shall be certified by Certifica-
tion of
the shorthand writer as correct, and shall be filed with the Registrar. It shall notes and
not be necessary to transcribe them unless a Judge, or the Registrar acting transerip-
under the authority of a Judge, so directs. If and when transcribed then the tions.
transcript of such notes shall be certified as correct by the transcribing
.shorthand writer, and the transcript shall be filed with the Registrar in lieu
.of the shorthand notes.

5. The shorthand notes so certified as correct, or the transcript Certified
notes, etc.,
.similarly certified, as the case may be, shall be deemed to be correct unless deemed to
the Court otherwise orders, and they shall constitute a part of the records be correct.
-of the Court.

6. (1) For the purpose of further proceedings, a party to a matter in Order for
-which the services of a shorthand writer have been utilized may apply through traiion.
the Registrar to have the shortand notes transcribed, if an order to that effect
has not already been made.

(2) Any such party shall be entitled to a copy of any transcript
.ordered to be made upon payment of such fees and upon compliance with such
terms as the Registrar may, with the approval of a Judge, require.

ORDER XXXVIII
REGISTRIES

1. There shall be established a Central Registry of the Federal Central
Supreme Court, and sub-registries as follows:- Registry
and sub-
(1) at the principal registries of the Supreme Court in the Territories registries.
of Jamaica, Trinidad and Tobago, Barbados and the Turks and
Caicos Islands;
(2) at the registry of the Supreme Court of the Leeward Islands and
of the Windward Islands in the Territories of Grenada, St. Vincent,
St. Lucia, Dominica, Antigua, Saint Christopher, Nevis and
Montserrat;
(3) at the registry of the Grand Court of the Cayman Islands.

2. (1) The Registrar shall be present and control the business of the Registrar
*Central Registry and shall give directions to deputy registrars with regard and deputy
to the practice and procedure relating to the business of sub-registries. registrars.

(2) Each sub-registry shall be in the charge of a deputy registrar who
shall, subject to the directions of the Registrar, be present and control the
business of the sub-registry.







The Federal Supreme Court (Original Jurisdiction) Rules,
197 1958-0. XXXVIII

Deputy 3. The deputy registrar, subject to the direction of the Registrar,
registrar may exercise and perform all or any of the powers and duties of the Registrar,
to perform
duties o and sign any documents which the Registrar is required by these Rulles to
Registrar. sign.
Taking of 4. The Registrar and deputy registrars shall by virtue of their office
oaths and have power to take oaths and affidavits in the Federal Supreme Court and
affidavits. the like power may be exercised by any person duly authorised by or under
the law in operation in a Territory to administer oaths for the purpose of
a superior court of that Territory.

Seals of 5. The official seals to be used in the Registries shall be such as
Registry. the Chief Justice from time to time directs.

Documents 6. The Registrar shall not be required to sign any document other
requiring than the following:-
signature.
All judgments and orders
All payment vouchers
All writs and orders for execution of whatever nature
Bench warrants
Commitments.
With the exception of the above documents a sealed copy shall be evidence
of the authenticity of all documents other than those hereby required to be-
signed by the Registrar.

How pro- 7. All proceedings or documents filed or issued shall be stamped with
ceedings to the seal of the Registry or sub-registry, and shall bear the date of the filing
be filed. or issuing thereof.

How pro- 8. All proceedings to be filed shall be brought in to the Registry or
seedings to sub-registries together with a copy thereof. The original and the copy shall
be filed, be sealed with an official seal, whereupon the original shall be filed and the
copy handed out to the party filing the same. Such sealed copy shall be
evidence of the contents of the original filed and such sealed copy shall be
produced at all times when required by the Court or a Judge or by the
Registrar.
Record 9. (1) The Registrar shall keep at the Central Registry a Record Book
Pooks. of all actions, suits and proceedings under paragraph (1) (b) of article 80 of
the Constitution whenever instituted, heard or determined, and a deputy
registrar shall keep a record book of any proceedings instituted in the sub-
registry of which he has charge.

(2) A Record Book shall contain -
(a) the number of the action, suit or application:
(b) the names of the parties;
(-) the date and place of hearing:
(d) the names of advocates:
(e) the subject matter of the action or of the application:
(f) the judgment or order of the Court:
(g) any subsequent proceedings and remarks.







The Federal Supreme Court (Original Jurisdiction) Rules,
1958-0. XXXIX 198

10. As soon as any proceedings are instituted for the exercise by the Covers.
Federal Supreme Court of its original jurisdiction, the Registrar shall prepare
a cover in which pleadings or documents relating to the case shall be filed and
on the front page thereof shall be recorded particulars of such pleadings or
documents and the dates on which they are received.

11. Proper indexes of the titles of all actions and matters filed at the Indexes to
files to be
Central Registry or sub-registry shall be kept, so that the same may be kept.
conveniently referred to when required; and such indexes shall, at all times
during office hours, be accessible to the public.

12. Any person shall be allowed to inspect the file of documents or Inspection
proceedings in any action or matter on payment of the prescribed fee.

13. No affidavit or record of the Court shall be taken out of the Restric-
Registry without the order of a Judge, and no subpoena for the production of tons on
any such document shall be issued except with the leave of a Judge. of docu-
ments from
Registry.

14. The deputy registrar of each Territory, when he has received Forward-
any documents filed in his sub-registry, shall forward to the Registrar at the ing copies
Central Registry a copy of such documents and shall notify the Registrar of ing toee
all judgments pronounced and orders made in every proceeding in the sub- Central
registry as and when such judgments or orders shall be pronounced or made. Registry.

15. Money paid into Court under an order of the Court or a Judge Money paid
shall not be paid out of Court except in pursuance of an order of the Court ntoourtde
or a Judge.
ORDER XXXIX
RIGHT OF AUDIENCE

1. In all civil proceedings before the Court in the exercise of its Right of
original jurisdiction the parties may appear in person or be represented by audience.
any person -
(a) who has a right of audience in proceedings before the superior
court of the Territory in which the proceedings were instituted,
or
(b) is a member of one of the Inns of Court and has the right
of audience before a superior court of a Territory.


Made this 7th day of July, 1958.

ERIC HALLINAN,
Chief Justice.

A. B. RENNIE
C. V. H. ARCHER Judges of the Federal Supreme Court.









199 The Federal Supreme Court (Original Jurisdiction) Rules, 1958


APPENDIX A


O. IV, r. 6.


FORM 1


IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION


GENERAL FORM OF WRIT OF SUMMONS

Central Registry or Sub-
registry of .............
(Territory).
of 19
Between


A.B.


Plaintiff


and
C.D. (and E.F.) Defendant(s).
Elizabeth the Second. by the Grace of God, of the United Kingdom of
Great Britain, Northern Ireland, and of Her other Realms and Territories.
Queen, Head of the Commonwealth, Defender of the Faith.
To C.D., of (full address).
We command you. that within ten days (or the number of days directed
by the Court or Judge ordering service) after the service of this writ on you.
inclusive of the day of such service, you do cause an appearance to be entered
for you in an action at the suit of A.B., and take notice that in default of
your so doing the plaintiff may proceed therein, and judgment may be given
in your absence.
Witness, The Honourable Chief
Justice of The West Indies, the day of
in the year of Our Lord one thousand nine hundred and
The defendant (or defendants) may appear hereto by entering an appearance-
or appearances) either personally or by solicitor at the Central Registry at
Trinidad ;or sub-registry at .......................... (Territory).


(Indorsements to be made on the writ before issue thereof)
The plaintiff's claim is for, etc.
This writ was issued by A.B. of
address for service is
This writ was issued by G.H. of
address for service is soli
the said plaintiff, who resides at


This writ was issued by J.K. of
address for service is
of
the said plaintiff, who resides at


,whose-

Swhose-
citor for


whose-
,agent for
,solicitor for









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 200


(And if authorization be indorsed)
I authorize the abovenamed G.H. to act as my solicitor in the matter.


(Signed) A.B.

(Indorsement to be made on writ after service thereof)

This writ was served by me at
defendant personally or by (state method of service) on the
day of 19


The


day of


, 1


Marshal or Sheriff.


0. VI, r. 6.


FORM 2

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

MEMORANDUM OF APPEARANCE
(Title as in Form 1)


Enter an appearance for
Dated the


day of
(Signed)


in this action.
19

Defendant


or
Solicitor for the above-named defendant.


This appearance is entered by
whose address for service is at


of .............


This appearance is entered by of ................
whose address for service and place of business is at
Solicitor for the defendant who resides at
(Where the entry of appearance limits the defence insert the following after
the words "this action" above).
The said defendant limits his defence to part only of the property
mentioned in the writ of summons, namely, to ......................
(describe the part of the property to which the defence is limited).


on the



9 .









201 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

O. IX, r. 1(3).
FORM 3

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

MEMORANDUM OF APPEARANCE TO NOTICE
(Title as in Notice)


Enter an appearance for
issued in this action on the
by the defendant
provisions of Order IX, rule
Jurisdiction) Rules, 1958.


Dated the


day of

1(3) of the Federal Supreme


day of
(Signed).


to the notice
19 ,
under the
Court (Original


19


This appearance etc.


O. IX, r. 2.


FORM 4


IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

THIRD PARTY NOTICE
(Title as in Form 1)


A.B.
and
C.D.
and
E.F.


Plaintiff

Defendant

Third Party.


THIRD PARTY NOTICE
Issued pursuant to the Order of the Honourable Mr. Justice


, dated the


day of


To E.F. of
TAKE NOTICE that this action has been brought by the plaintiff
against the defendant. In it the plaintiff claims against the defendant (here
state concisely the nature of the plaintiff's claim) as appears by the endorsement
on the writ of summons (or statement of claim) a copy whereof is delivered
herewith.
The defendant claims against you [here state concisely the nature of the
claim against the third party as for instance to be indemnified against the
plaintiff's claim and the costs of this action or contribution to the extent of


Between









The Federal Sulpreme Court (Original Jurisdiction) Rules, 1958 202

(one half) of the plaintiff's claim] or [the following relief or remedy namely
-on the grounds that (state concisely the grounds of the claim against the third
party)].
And take notice that if you wish to dispute the plaintiff's claim against
the defendant, or the defendant's claim against you, you must cause an
appearance to be entered for you within ten days after the service of this notice
.upon you.
In default of your entering such appearance, you will be deemed to admit
the plaintiff's claim against the defendant and the defendant's claim against you
-and your liability to (indemnify the defendant or to contribute to the extent
claimed or to stating the relief or remedy sought) and the validity of any
judgment that may be given in the action and you will be bound by such
judgment and such judgment may be enforced against you pursuant to
wOrder IX of the Federal Supremd Court (Original Jurisdiction) Rules, 1958.

Dated the day of 19
(Signed)
Solicitor for the defendants.
Appearance is to be entered at the Central Registry in Trinidad (or if
the action is proceeding in a Territory, then at the Sub-Registry for such
Territory).


O. XVIII, r. 2(2).
FORM 5

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

SUMMONS FOR DIRECTIONS

-Betw een ............................. ......... ....... Plaintiff
and
................................... .. D defendant
TAKE NOTICE that the Plaintiff/Defcndant intends to apply on the
..................... day of .......................... 19 .... at
.......... o'clock in the .................. noon, before a Judge in
C chambers at .................................... .. for an order
for directions in regard to the following matters in the abovenamed suit:-
And generally the proceedings to be taken in the action and the costs of
this application.

D ated at .............. this ................ day of ........... 19..
Solicitor for the Plaintiff/Defendant.
To:
-and
To the Registrar of the Federal Supreme Court.









203 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

O. XIX, r. 4.

FORM 6

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF INTERROGATORIES
(Title as in Form 1)

Interrogatories on behalf of the above-named (plaintiff or defendant) for
the examination of the abovenamed (defendant or plaintiff):
1. Did not etc.,
2. Has not etc..
etc., etc., etc.
You are required to answer all the above interrogatories.


(The defendant
interrogatories numbered
The defendant
interrogatories numbered


Dated the


day of


is required to answer the

is required to answer the


19


Solicitor for


0. XIX. r. 7-

FORM 7

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION


FORM OF ANSWER TO INTERROGATORIES
(Title as in Form 1)

The answer of the above-named
interrogatories for his examination by the abovenamed
In answer to the said interrogatories I
abovenamed make oath and say as fo


etc., etc., etc.


to the


the
llows:-









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 204

0. XIX, r. 10.

FORM 8


IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF AFFIDAVIT OF DOCUMENTS
(Title as in Form 1)


I, the above-named

(defendant or plaintiff) make oath and say as follows:-

1. I have in my possession or power the documents relating to the
matters in question in this suit set forth in the first and second parts of the
First Schedule hereto.

2. I object to produce the said documents set forth in the second part
of the said First Schedule hereto (state grounds
-of objection).

3. I have had, but have not now, in my possession or power the
-documents relating to the matters in question in this suit set forth in the
.Second Schedule hereto.

4. The last-mentioned documents were last in my possession or power
-on (state when, and what has become of them and in whose possession they
inow are).

5. According to the best of my knowledge, information and belief, I
have not now, and never had in my possession, custody or power, or in the
possession, custody or power of my solicitors or agents, solicitor or agent, or
in the possession, custody or power of any other persons or person on my
behalf, any deed, account, book of account, voucher, receipt, letter,
memorandum, paper or writing, or any copy of or extract from any such
-document, or any other document whatsoever relating to the matters in
-question in this suit, or any of them or wherein any entry has been made
relative to such matters, or any of them, other than and except the documents
-set forth in the said First and Second Schedules hereto.








205 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

O. XIX, r. 14-
FORM 9,

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF NOTICE TO PRODUCE DOCUMENTS.
FOR INSPECTION
(Title as in Form 1)

Take notice that the (plaintiff or defendant) requires you to produce for
his inspection the following documents referred to in your (Statement of
Claim or Defence, or affidavit sworn the day of 19 ).
Dated the day of 19
Solicitor for the
To:
Mr.
Solicitor for the

LIST OF DOCUMENTS
1.
2.
etc., etc., etc.


O. XIX, r. 15-
FORM 10

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF NOTICE TO INSPECT DOCUMENTS
(Title as in Form 1)

Take notice that you can inspect the documents mentioned in your notice
of the day of 19 (except
the deed numbered in that notice) at (insert place of
inspection) on next the instant between:
the hours of and o'clock.
Or, that the (Plaintiff or Defendant) objects to giving you inspection
of the documents mentioned in your notice of the day of
19 on the ground that (state the ground):-

Dated the day of 19
Solicitor for the
To:
Mr.
Solicitor for the









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 206


0. XX, r. 2(2).


FORM 11


IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

NOTICE TO ADMIT DOCUMENTS
(Title as in Form 1)

.Between : ............................................. Plaintiff
and
................................. .. D defendant
You are hereby notified that the Plaintiff/Defendant in this cause proposed
-to adduce in evidence the several documents hereunder specified, and that the
same may be inspected by the Defendant/Plaintiff, his solicitor or agent.
.at ................ on the .......... day of .................. 19 ..,
between the hours of ....................; and the Defendant/Plaintiff is
'hereby required within the .............. days of the service thereon, to
-admit that such of the said documents as are specified to be originals were
respectively written, signed, or executed, as they purport respectively to
have been; that such as are specified as copies are true copies; and that such
-as are stated to have been served, sent, or delivered, were so served, sent or
-delivered respectively; saving all just exceptions to the admissibility of all
.such documents as evidence in this cause.

D ated this .................... day of .................., 19 ....

Solicitor for the Plaintiff/Defendant.
-FO:
Originals

Description of Documents Dates







Copies


Description
of Documents


Dates


Original or Duplicate served
sent, or delivered when, how
and by whom








207 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

O. XX. r. 3(2-
FORM 12

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

NOTICE TO ADMIT FACTS
(Title as in Form 1)

Betw een : ............................... ........... . Plaintiff
and
.............. ................ Defendant
You are hereby notified that the Plaintiff/Defendant in this cause requires
the Defendant/Plaintiff to admit, for the purposes of this cause only, the
several facts respectively hereunder specified: and the Defendant/Plaintiff
is hereby required within .................... days from the service of
this notice, to admit the said several facts, saving all just exceptions to the-
admissibility of such facts as evidence in this cause.

D ated this .................. day of ..................... 19 .....


Solicitor for the Plaintiff/Defendant-
To:-

THE FACTS, THE ADMISSION OF WHICH IS REQUIRED. ARE:-



0. XX. r. 3(3)-
FORM 13

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

ADMISSION OF FACTS PURSUANT TO NOTICE
(Title as in Form 1)

Between : ................................... ......... .. Plaintiff
and
......... ................................... D defendant
The Plaintiff/Defendant in this cause, for the purpose of this cause only,.
hereby admits the several facts respectively hereunder specified subject to
the qualifications or limitations, if any, hereunder specified, saving all just:
exceptions to the admissibility of any such 'facts, or any of them, as evidence
in this cause:
Provided that this admission is made for the purposes of this cause only,
and is not an admission to be used against the Defendant/Plaintiff on any
other occasion, or by anyone other than the Plaintiff/Defendant or party
requiring the admission.








The Federal Supreme Court (Original Jurisdiction) Rules, 1958 208

Dated this............... day f ....................... 10..

Solicitor for the I)efendant/Plaintiff.
To:-


Facts admitted Qualifications or limitations, if any,
subject to which they are admitted.








O. XXII. r. 1(2).
FORM 14

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF REQUEST FOR HEARING
(Title as in Form 1)

The Registrar is hereby requested to enter this action on the Hearing
List for hearing.
Three complete copies of the whole of the pleadings is delivered herewith.


The hearing of this action is estimated to last


-or not less than


day (s)


dayss.


D ated the.................. day of.................... 19..
Solicitor for the


FORM I 15


O.XXV. r. 1(2 ).


IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

WVRIT OF EXECUTION
(Title as in Form 1)

Between: ................................................ Plaintiff
and
........................................... . D defendant
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom
of Great Britain and Northern Ireland and of Our other Realms and
Territories, Queen, Head of the Commonwealth. Defender of the Faith:








209 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

To the Sheriff/Marshal/Bailiff of ....................... ... Greeting:
We command you that of the goods and chattels of.................
\you cause to be made the sum of $ ................... and also interest
thereon at the rate of $ ................... per centum per annum from the-
.................. .day of ......................19.., which said sumr
of money and interest were lately before us in our Federal Supreme Court:
in a certain cause where .......................................
is Plaintiff and .. ...............................................
by a judgment (or order) of our said Court bearing date the ..............
day of ........................... 19.., adjudged (or ordered) to be paid"
hb the said ...................... .... ... .............. to the said'
..................................... together with certain costs in
the said judgment (or order) mentioned and which costs have been-
taxed and allowed by the Taxing Officer of our said Court at the-
sum of $ .. .............. .. as appears by the certificate of the said
Taxing Officer dated the.................. day of... ...............
19 .... And that of the goods and chattels of the said. ..................
............... ....... you cause to be made the sum of $ ...........
and that you have that money before us in our said Court immediately
after the execution thereof to be paid to the said .......................
........................ .in pursuance of the said judgment (or order)
And have this writ before us with whatsoever you have done thereupon.
Witness: The Honourable Chief Justice of The West Indies this.
................ day of......................... in the year of Our
Lord One Thousand Nine Hundred and....................


Registrar.

ENDORSEMENT
Levy $ .................. and $...................... for costs of
execution, etc.. and also interest on $ ............. at $ ................
per centum per annum from the .............. day of .................
19.... until payment; besides Sheriff's poundage, officers' costs of levying-
and all other legal incidental expenses.
The writ was issued by. ......................................
of....................................... Solicitor for
................. ................... .... who resides at ........

The ........................ is a ...........................
and resides at ................... ..................................








The Federal Supreme Court (Original Jurisdiction) Rules, 1958 210

0. XXVIII, r. 8.

FORM 16

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

NOTICE OF MOTION
(Title as in Form 1)

Take Notice, that the Court will be moved on day, the
day of 19 at o'clock in
the forenoon, or so soon thereafter as counsel can be heard, by
Mr. of counsel for the above-named (plaintiff
-or defendant) that and that the costs of this application
'be

Dated the day of 19

(Signed) of agent for
Solicitor for the
To:




O.XXIX, r. 2(2)

FORM 17

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

GENERAL FORM OF SUMMONS
(Title as in Form 1)

Let all parties concerned attend the Judge in Chambers on
*day, the day of 19 at
o'clock in the noon. on the hearing of an application
,on the part of for an order that. etc.
(setting out the order to be applied for).

Dated the day of 19

This summons was taken out by of
-olicitor for








211 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

O. XXIX, r. 13.
FORM 18

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

GENERAL FORM OF ORDER
(Title as in Form 1)

Before the Honourable Mr. Justice in Chambers
the day of 19
Entered the day o'f 19
Upon hearing and upon reading the affidavit
of filed the day of 19
and
It is ordered and that the costs of this
application be



O. XXX, r. 7.
FORM 19

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF ORIGINATING SUMMONS
(Title as in Form 1)

(If the question to be determined arises in the administration of an
estate or a trust entitle it also in the matter of the estate or trust).
Let of within ten
days after service of this summons on him inclusive of the day of such
service, cause an appearance to be entered for him to this summons, which
is issued upon the application of
of who claims to be (state the
nature of the claim) for the determination of the following questions:
(State the questions)
Dated the day of 19
This summons was taken out by solicitor
for the abovenamed.
The defendant may appear hereto by entering appearance either per-
sonally or by solicitor at the Central Registry (or Sub-Registry).
Note: If the defendant does not enter appearance within the time and at the
place above mentioned, such order will be made and proceedings taken
as the Judge may think fit and expedient.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 212

O. XXX, r. 7.

FORM 20

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF ORIGINATING SUMMONS NOT INTER PARTIES
(Title as in Form 1)

In the matter of the Trusts of the Will of A.B. And in the matter
of (or as the case may be).
Let of
within eight days after service of this summons on him, inclusive of the
day of such service, cause an appearance to be entered for him to this
.summons, which is issued upon the application of
of for an order
that (state the object of the application).
Dated the day of 19
This summons was taken out by of
;solicitor for the above-named
The respondent may appear hereto by entering appearance either per-
sonally, or by solicitor at the Central Registry (or Sub-Registry).
Note: If the respondent does not enter appearance within the time and at the
place above mentioned, such order will be made and proceedings taken
as the Judge may think fit and expedient.



O. XXX, r. 7.

FORM 21

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF EX PARTE ORIGINATING SUMMONS
(Title as in Form 1)

In the matter of A.B., an infant (or as may be).
Let all the parties concerned attend the Judge in Chambers at the time
specified in the margin hereof, on the hearing of an application on the part
of the above-named
1hat, etc.. (setting out the order to be applied for)
solicitor for the plaintiff.









213 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

O. XXX. r.9-
FORM 22

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

FORM OF NOTICE OF APPOINTMENT TO HEAR
ORIGINATING SUMMONS
(Title as in Forms 19 or 20).

This summons was taken out by
To (insert the name of the defendant or respondent).
Take notice that you are required to attend the Judge in Chambers
on day of 19 at
o'clock in the noon, for the hearing of the originating
summons issued herein on the day of
19 and that if you do not attend in person or by solicitor at the time-
and place mentioned, such order will be made and proceedings taken as the-
Judge may think just and expedient.
(Signed)
Solicitor for the Plaintiff (or applicant)..


O.XXXI, r. 3(4)-
FORM 23

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

In the matter of an application by A.B. on behalf of *the Federal'
Government/the Government of (Territory) for leave to.
apply for an order of *mandamus/prohibition.
1. The applicant A.B. holds the office of
and makes the application on behalf of "The Federal Government'
or "The Government of (Territory)"_
2. The relief sought is an order "for mandamus directing prohibiting:
C.D. of
C.D. of (address) and E.F. of
(address) and E.F. of
(address) to .............................
(address) from
3. The grounds on which the said relief is sought are as follows :
4. The applicant A.B. applies for this order under the law in operation
in (state Territory) and (state
Federal Act if relevant).
'Omit whichever is inapplicable.








The Federal Supreme Court (Original Jurisdiction) Rules, 1958 214

O.XXXI, r. 4(5).

FORM 24A

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

NOTICE OF MOTION FOR MANDAMUS OR PROHIBITION


In the matter of an application for an order of mandamuss prohibition.

TAKE NOTICE that pursuant to the leave of the Honourable Mr.

Justice given on the day of 19

the Honourable Court will be moved on the day of 19

or so soon thereafter as Counsel can be heard on behalf of A.B.

for an order of *mandamus prohibition that (in terms of the relief sought
in the Statement accompanying the affidavit filed in support of the applica-
tion for leave to issue this Notice of Motion) upon the grounds set forth
in the copy Statement served herewith used on the application for leave to
issue this Notice df Motion.

AND THAT the costs of and occasioned by this Motion be

AND TAKE NOTICE that upon the hearing of the said Motion the

said A.B. will use the affidavit of and the exhibits

therein referred to.

[AND TAKE FURTHER NOTICE (if any proceedings have been
stayed until the hearing of the Motion, so state)]


Dated the day of 19


(Signed)
Solicitor for the
To :


'Omit whichever is inapplicable.








215 The Federal Supreme Court (Original Jurisdiction) Rules, 1958

0. XXXI, r. 4(5).
FORM 24B

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

SUMMONS FOR MANDAMUS OR PROHIBITION

The Honourable Mr. Justice Vacation
Judge in Chambers.

In the matter of an application for an order of *mandanmus prohibition.
Upon hearing Mr. of
Counsel for and upon reading the
affidavit of filed herein :
Let all parties attend the Judge in Chambers at
on the day of 19 at o'clock
in the noon upon the hearing of an application on the part
of A.B. for an order of mandamuss prohibition that (in terms of the relief
sought in the Statement accompanying the affidavit filed in support of the
application for leave to issue this summons) upon the grounds set forth in
the copy Statement served herewith used on the application for leave to
issue this summons.
And that the said C.D. be ordered to pay to the said A.B. the costs
of and occasioned by this application.
Dated the day of 19
to the above-named C.D. and to Messrs. his solicitors-
*Omit whichever is inapplicable.



O. XXXV. r. 1L
FORM 25

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

PRAECIPE FOR A SUBPOENA
(Title as in Form 1)

Seal writ of subpoena on behalf of
the directed to
Returnable


Dated the


day of









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 216

O. XXXV, r. 3.
FORM 26

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

SUBPOENA DUCES TECUM

Between : ............................................ Plaintiff
and
............................................ Defendant
ELIZABETH THE SECOND, by the Grace of God of the United
Kingdom of Great Britain and Northern Ireland and of Our other Realms
and Territories, Queen, Head of the Commonwealth, Defender of the Faith :
To (the names of three witnesses may
1)e inserted)
*Greeting :
\e command you to attend before the Federal Supreme Court
.at on day the day
-of 19 at the hour of in
-the noon, and so from day to day until the above cause
is tried to give evidence on behalf of the and
also to bring with you and produce at the time and place aforesaid (specify
*documents to be produced).
witness : The Honourable Chief
Justice of The West Indies this day of 19

Registrar.



O. XXXV, r. 3.
FORM 27

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

HABEAS CORPUS AD TESTIFICANDUM

-Between ......................................... .. Plaintiff
and
............. .............................. D defendant
ELIZABETH THE SECOND, by the Grace of God of the United
Kingdom of Great Britain and Northern Ireland and of Our other Realms
and Territories Queen, Head of the Commonwealth, Defender of the Faith:








217 The Federal Supreme Court (Original Jurisdiction) Rules. 1958

To the Officer in charge of the Prison at
We command you that you bring who
it is said is detained in the prison under your custody, before
at on day the
day of 19 at the hour of in the
noon, and so 'from day to day unttil the above action is tried, to give evidence
on behalf of the
And that immediately after the said
shall have so given his evidence you safely conduct him to the prison from
which he shall have been brought.
Witness: The Honourable Chief
Justice of The West Indies at this
day of 19


Registrar.


O. XXXV, r. 3.
FORM 28

IN THE FEDERAL SUPREME COURT
ORIGINAL JURISDICTION

SUBPOENA AD TESTIFICANDUM

Between ......................... .............. Plaintiff
and
.......... .................................. D defendant
ELIZABETH THE SECOND. by the Grace of God of the United
Kingdom of Great Britain and Northern Ireland and of Our other Realms
and Territories, Queen, Head of the Commonwealth, Defender of the Faith:
To (name of witness) of
Greeting:
We command you to attend before the Federal Supreme Court,
at on day the day of
19 at the hour of in the
noon, and so 'from clay to day until the above cause is.
tried, to give evidence on behalf of the Plaintiff/Defendant.
'Witness: The Honourable Chief
Justice of The West Indies this day of 19 .


Registrar.









The Federal Supreme Court (Original Jurisdiction) Rules, 1958 218

APPENDIX B

FEES OF COURT

Schedule of Fees referred to in Order XXXIII, Rule 2 to be taken in
the Central Registry and/or Sub-Registries of the Federal Supreme Court.


1. On sealing a writ of summons for commence-
ment of an action or originating summons
or application
2. On sealing a concurrent, renewed or
amended writ of summons or amended
originating summons .. .. .
3. On filing or sealing any notice not other-
wise provided for
4. On sealing a writ of mandamus or pro-
hibition .. .
5. On sealing a writ of subpoena not exceeding
three persons .. .. .. .
6. On sealing every other writ ..
7. On every summons before a Judge ..
8. On sealing a commission ..
9. On entering an appearance for each person
10. On making office copies of any document-
for the first folio (to consist of one hundred
words) ..
11. For every other folio or part of a folio
12. Commissioner's fee on taking oath to
affidavit or affirmation in lieu of an affidavit
or declaration
13. And in addition thereto for each exhibit
therein referred to and required to be
marked .
14. On filing every affidavit including exhibits
annexed not otherwise provided for
15. On filing every other document ..
16. On every certificate of appearance, or of
a pleading, affidavit or proceeding having
been entered, filed or taken, or of the
negative thereof
17. On setting down any cause for assessment
of damages or for hearing before the Court
18. On filing every motion to the Court, to
include fee on setting down for hearing ..
19. On every judgment after trial or on appeal


E. s. d. or $


1. 0. 0. 4.80


5. 0. 1.20

2. 6. .60

1. 0. 0. 4.80


5.
10.
5.
1. 0.
2.


1.20
2.40
1.20
4.80
.60


1. 0.
6.


2. 0. .48


1. 0. .24


2. 6. .60

1. 1. 0. 5.04


15.
1. 0.


3.60
4.80




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs