20. There shall be served along with the notice of motion a copy of any affidavit on which the party moving
intends to rely at the hearing of the motion.
21. If at the hearing of any motion, the Court is of the opinion that any person, to whom notice has not been
given, ought to have or to have had the notice, the Court may either dismiss the motion, or adjourn the hearing
thereof in order that the notice may be given, upon such terms as the Court may deem fit.
22. The plaintiff may, by leave of the Court, cause any notice of motion to be served upon any defendant with
the writ of summons.
5. Evidence in Interlocutory Proceedings
23. (1) Oral evidence shall not be heard in support of any motion unless by leave of the Court.
(2) Where the party moving is illiterate, the Court may direct evidence to be taken by the Registrar, or other fit
officer of Court, and the minute of that evidence may be used as an affidavit.
24. The Court may, in addition to or in lieu of affidavits if it thinks it expedient, examine any witness viva voce,
or receive documents in evidence, and may summon any person to attend to produce documents before it, or to
be examined or cross-examined before it in like manner as at the hearing of a suit.
25. Such notice as the Court in each case, according to the circumstances, considers reasonable, shall be given to
the persons summoned, and to such persons (parties to the cause or matter or otherwise interested) as the Court
considers entitled to inspect the documents to be produced or to examine the person summoned, or to be present
at his examination, as the case may be.
26. The evidence of a witness on any such examination shall be taken in like manner as nearly as may be as at
the hearing of a suit.
27. Upon the hearing of any motion the Court may, on such terms as to cost and adjournment as it may think fit,
allow any additional affidavit to be used, after the affidavit has been duly filed and served on the opposite side.
28. A registrar hearing any application by virtue of the provisions of these Rules, shall have and exercise all the
powers conferred by these Rules on the Court or a Judge when dealing with such application.
29. No registrar other than one who is also a qualified legal practitioner shall have the power to hear and
determine any application which by these Rules is conferred upon a registrar.
30. If, in the Federal Capital Territory, Abuja, there is no legally qualified registrar, any application which by
these Rules is authorised to be determined by a registrar shall be made to a Judge who in his absolute discretion
may take the application in Court or in chambers.
31. (1) Upon the determination of any application by a Registrar, any party dissatisfied with the ruling or
decision of the Registrar in the matter may, within fourteen days of the decision or ruling apply to the Court or to
a Judge in chambers for a redress in the following manner and circumstances where the aggrieved party is the(a) mover of the application before the Registrar, he shall renew his application before the Court or a Judge; and
(b) respondent to the application before the Registrar, he shall apply to the Court or a Judge for an order setting
aside the order of the registrar about which he is dissatisfied.
(2) Any application under sub-paragraph (a) and (b) of paragraph (1) of this rule, shall be supported by affidavit
showing the grounds upon which redress is sought.
(3) There shall be attached to the application, a copy of the ruling or decision of the Registrar with which the
party is dissatisfied and copies of all affidavits and documents used in support of the application before the
Registrar.