43. Where any cause or matter has been standing for one year in the Cause Book marked as "abated" or
"standing over generally" that cause or matter at the expiration of the year shall be struck out of the Cause Book.
Order 12
Service of Process
A. Service within Jurisdiction
1. Service of writs of summons, notices, petitions, pleadings, orders, summonses, warrants and of all other
proceedings, documents, or written communications of which service is required, shall be made by the sheriff or
a deputy sheriff, bailiff, officer of the Court, or by a person appointed therefor (either especially or generally) by
the Court or by a Judge in chambers, unless another mode of service is prescribed by these Rules, or the Court or
a Judge in chambers otherwise directs:
Provided that when a party is represented by a legal practitioner, service of notices, pleadings, petitions, orders,
summonses, warrants and of all other proceedings, documents or written communications of which personal
service is not required may be made by or on such legal practitioner or his clerk under his control.
2. Except as otherwise prescribed by an of these Rules, an originating process shall be served personally by
delivering to the person to be served a copy of the document, duly certified by the Registrar as being a true copy
of the original process filed, without exhibiting the original thereof.
3. No service of a writ of summons or other process on the defendant shall be necessary when the defendant by
his legal practitioner undertakes in writing to accept service.
4. (1) The Court may in any civil case, for reasons which shall seem to it sufficient, appoint any process to be
executed by a special bailiff, who for the time being shall have the privileges and liabilities of an officer of the
Court.
(2) The expenses of the special bailiff shall be defrayed by the party on whose application he is appointed unless
the Court in any case sees reason to vary this rule.
5. Where it appears to the Court (either after or without an attempt at personal service) that for any reason
personal service cannot be conveniently effected, the Court may order that service be effected either by(a) delivery of the document to some adult inmate at the usual or last known place of abode or business of the
person to be served; or
(b) delivery thereof to some person being an agent of the person to be served, or to some other person, on it
being proved that there is reasonable probability that the document would in the ordinary course, through that
agent or other person, come to the knowledge of the person to be served; or
(c) advertisement in the Federal Gazette, or in some newspaper circulating within the jurisdiction; or
(d) notice put up at the principal court-house of, or some other place of public resort in the Judicial Division
wherein the proceeding in respect of which the service is made is instituted, or at the usual or last known place of
abode, or of business, of the person to be served.
6. When a party to be served is in the service of any Ministry or non-Ministerial Department of Government or
of a Local Government, the Court may transmit the document to be served and a copy thereof to the senior
officer of the Ministry or non-Ministerial Department of Government in the Federal Capital Territory, Abuja or
place where the party to be served, works or resides or to the Local Government in whose service is the party to
be served, and that officer, or Local Government shall cause the document to be served on the proper party
accordingly.
7. Where partners are sued in the name of their firm, the writ or other document shall be served either upon any
one or more of the partners, or at the principal place within the Federal Capital Territory, Abuja, of the business
of the partnership upon any person having at the time of the service the control or management of the partnership
business there; and such service shall be deemed good service upon the firm.