(3) The provisions of rules 15, 16 and 17(2) of this Order shall apply mutatis mutandis to service under this Rule.
19. (1) Where leave is given to serve a writ of summons or a notice of a writ of summons in any foreign country
other than a country which a convention in that behalf has been made, the following procedure may be adopted(a) the document to be served shall be sealed with the seal of the Court for use out of the jurisdiction, and shall
be transmitted to the Director-General of the Ministry of Justice by the Chief Registrar on the direction of the
Chief Judge, together with a copy thereof translated into the language of the country in which service is to be
effected and with a request for transmission to the Minister responsible for external affairs for the further
transmission of the same to the Government of the country in which leave to serve the document has been given
and such request shall be in Form 7 in the Appendix to these Rules with such variations as circumstances may
require;
(b) the party bespeaking a copy of a document for service under this Rule shall, at the time of bespeaking the
document, file a praecipe in Form 8 of the Appendix to these Rules;
(c) an official certificate, or declaration upon oath or otherwise, transmitted through the diplomatic channel by
the Government or Court of a foreign country to which this provision applies, to the Court, shall, provided that it
certifies or declares the document to have been personally served, or to have been duly served upon the
defendant in accordance with the law of that foreign country, or words to that effect, be deemed to be sufficient
proof of such service and shall be filed on record as, and be equivalent to, an affidavit of service within the
requirements of these Rules in that behalf;
(d) where an official certificate or declaration, transmitted to the Court in the manner provided in sub-paragraph
(c) of this paragraph certifies or declares that efforts to serve the document have been without effect, the Court or
a Judge may, upon the ex parte application of the plaintiff, order substituted service of the document, and the
document and a copy of it, and the order, shall be sealed and transmitted to the Director-General of the Ministry
of Justice in the manner aforesaid together with a request in Form 9 of the Appendix to these Rules, with such
variations as circumstances may require.
(2) Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which
when lands, funds, chooses in action, rights or property within the jurisdiction are sought to be dealt with or
affected, the Court may, without affecting to exercise jurisdiction, over any person out of the jurisdiction, cause
that person to be informed of the nature or existence of the proceedings with a view to that person having an
opportunity of claiming, opposing or otherwise intervening.
20. (1) Where, for the purpose of an action under the Civil Aviation Act and the Convention therein set out,
leave is given to serve a notice of writ of summons upon a high contracting arty to the Convention other than
Nigeria, the provisions of this rule shall apply. (2) The notice shall specify the time for entering an appearance as
limited in pursuance of rule 16 of this Order.
(3) The notice shall be sealed with the seal of the Court for service out of the jurisdiction, and shall be
transmitted to the Ministry of Justice, together with a copy thereof translated into the language of the country of
the defendant, and with a request for transmission to the Minister responsible for external affairs for further
transmission of the same to the Government of that country.
(4) The request shall be in Form 10 in the Appendix to these Rules with such variations as circumstances may
require.
(5) The party bespeaking a copy of a document for service under this rule shall at the time of bespeaking the
document file a praecipe in Form 9 in the Appendix to these Rules.
(6) An official certificate from the Minister responsible for external affairs transmitted by the Ministry of Justice
or otherwise to the Court certifying that the notice was delivered on a specified date to the Government of the
country of the defendant shall be deemed to be sufficient proof of service and shall be filed of record as, and be
equivalent to, an affidavit of service within the requirements of these Rules in that behalf.