Failure to amend after order.
4.
(1) If a party who has obtained an order to amend does not amend accordingly within the time
limited for that purpose by the order, or if no time is thereby limited, then within seven days from
the date of the order, such party shall forfeit the right to amend or shall pay an additional fee of
N200.00 (two hundred Naira) for each day of default.
(2)
Where the party pays an additional fee for the default, it shall file an application for
regularization exhibiting evidence of payment of the penalty up to the date of filing the
amendment.
Filing and service of amended process.
5.
Whenever any originating process or pleading is amended, a copy of the document, as amended
shall be filed in the Registry and additional copies served on all the parties to •the action.
Date of order and amendment to be displayed.
6.
Whenever any endorsement or pleading is amended it shall be marked in the following manner:
“Amended the ……… Day of ………… Pursuant to order of (name of judge) dated the
………….. Day of ………”
ORDER 18
SETTLEMENT OUT OF COURT AND SETTLEMENT OF ISSUES
Period for settlement.
1.
(1) When a matter comes before the Court for the first time, the Judge shall in circumstances
where it is appropriate, grant to the parties, time, not more than thirty days within which parties
may explore possibilities for settlement of the dispute.
(2)
Where parties fail to settle within thirty days or such other period as the Court may grant, the case
shall without more, proceed to trial.
Formulation of issues for determination.
2.
(1) where a matter is to proceed to trial, the parties shall file respectively, issues for determination
at the trial. The issues may state questions of law or admitted facts or questions of disputed facts
or questions partly of law of the one part and partly of facts of the other.
(2)
Where the parties have filed their respective issues for determination and the parties have not
agreed on the issues for determination, or the judge is of the opinion that the issues formulated by
the parties do not adequately address the controversy between the parties, the Judge may, in spite
of the issues formulated by the parties, formulate appropriate issues for determination and such
shall be the issues for determination at the trial of a matter.
Party may apply for issue to be tried.