9. (1) In an action brought by a moneylender or an assignee for the recovery of money lent by a moneylender or
the enforcement of any agreement or security relating to any such money, an application for leave to enter
judgment in default of appearance, shall be made by notice returnable not less than four clear days after service
of the notice.
(2) The notice shall not be issued until the time limited for entering appearance has expired, and a proper
affidavit of service of the writ has been filed.
(3) The notice shall be in accordance with Form 60 in the Appendix to these Rules with such variations as
circumstances may require, and shall be served personally.
(4) At the hearing of the application, whether the defendant appears or not, the Court or Judge in chambers may
exercise the relevant powers of the Court under the Moneylenders Act.
10. The provisions of this Order shall not apply in actions commenced before the coming into operation of
Order 15
Arrest of Absconding Defendant
1. If in any suit for an amount or value of one thousand naira or upwards, the defendant is about to leave the
jurisdiction of the Court or has disposed of or removed from the jurisdiction, his property, or any part thereof, or
is about to do so, the plaintiff may, either at the institution of the suit or at any time thereafter until final
judgment, make an application to the Court that security be taken for the appearance of the defendant to answer
and satisfy any judgment that may be passed against him in the suit.
2. If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable
cause for believing that the defendant is at out to leave the jurisdiction of the Court, or that he has disposed of or
removed from the jurisdiction, his property, or any part thereof, or is about to do so, and that in either case by
reason thereof the execution of any decree which may be made against him is likely to be obstructed or delayed,
it shall be lawful for the Court to issue a warrant to bring the defendant before the Court, that he may show cause
why
he
should
not
give
good
and
sufficient
bail
for
his
appearance.
3. If the defendant fails to show such cause, the court shall order him to give bail for his appearance at any time
when called upon while the suit is pending and until execution or satisfaction of any judgment that may be
passed against him in the suit, or to give bail for the satisfaction of such judgment and the surety or sureties shall
undertake in default of such appearance or satisfaction to pay any sum of money that may be adjudged against
the defendant in the suit, with costs.
4. Where a defendant offers, in lieu of bail for his appearance, to deposit a sum of money, or other valuable
property, sufficient to answer the claim against him with costs of the suit, the Court may accept the deposit.
5. (1) In the event of the defendant neither furnishing
committed to custody until the decision of the suit, or
execution of the decree, if the Court so orders: Provided
being shown and upon such terms as to security or
security nor offering a sufficient deposit, he may be
if judgment be given against the defendant, until the
that the Court may at any time, upon reasonable cause
otherwise as may seem just, release the defendant.
(2) The application may be made, where the defendant resides in the Federal Capital Territory to the High Court
of the Federal Capital Territory and the Court may issue the warrant for detaining and bringing the defendant
before the Court where the suit is pending, and may make such further order as shall seem just.
(3) In case the warrant is issued by a different Court from that in which the suit is pending, the Court shall, on
the request of either of the parties, transmit the Application and the evidence therein to the Court in which the
suit is pending, and take sufficient security for the appearance of the defendant in that Court, or send him there in
custody of an officer of Court, and the Court in which the suit is pending shall thereupon inquire into and
proceed with the application in accordance with the foregoing provisions, in such manner as shall seem just.