(h) any person out of jurisdiction is a necessary or proper party to an action properly brought against some other
party within the jurisdiction; or
(i) the action is by a mortgagee or mortgagor in relation to a mort age of property situate within the jurisdiction
and seeks relief of the nature or kind of the following, that is to say, sale, foreclosure, delivery of possession by
the mortgagor, redemption, reconveyance, delivery of possession by the mortgagee; but does not seek (unless
and except so far as permissible under paragraph (e) of this rule) any personal judgment or order for payment of
any moneys due under the mortgage; or
(j) the action is one brought under the Civil Aviation Act or any regulations made in pursuance of that Act or any
law relating to carriage by air.
14. In this Order, "out of jurisdiction" means out of the Federal Republic of Nigeria.
15. (1) Every application for leave to serve a writ or notice on a defendant out of the jurisdiction shall be
supported by affidavit or other evidence stating that in the belief of the deponent, the plaintiff has a good cause
of action and showing in what place or country the defendant is or probably may be found and whether the
defendant is a Commonwealth citizen or not, and the grounds upon which the application is made.
(2) No such leave shall be granted unless it is made sufficiently to appear to the Court or a Judge in chambers
that the case is a proper one for service out of the jurisdiction under these Rules.
16. Any order giving leave to effect such service or give such notice shall limit a time after such service or notice
within which the defendant is to enter an appearance, such time to depend on the place or country where or
within which the writ is to be served or the notice given, and on whether the airmail is available to the defendant.
17. (1) When the defendant is neither a Commonwealth citizen nor in any Commonwealth country, notice of the
writ and not the writ itself, shall be served upon him.
(2) Where leave is given under the foregoing provisions to serve notice of the writ of summons out of the
jurisdiction, the notice shall be served in the manner in which writs of summons are served.
18. (1) Service out of the jurisdiction may be allowed by the Court or a Judge in chambers of the following
processes or of notices thereof, that is to say(a) an originating summons, where the proceedings begun by an originating summons might have been begun by
a writ of summons within these Rules;
(b) any originating summons, petition, notice of motion or other originating proceedings(i) in relation to an infant or lunatic or person of unsound mind,
(ii) under any law or enactment under which proceedings can be commenced otherwise than by writ of
summons, or
(iii) under any rule of Court whereunder proceedings can be commenced otherwise than by writ of summons;
(c) without prejudice to the generality of subparagraph (b) of this paragraph, any summons, order or notice in
any interpleader proceedings or for the appointment of an arbitrator or umpire or to remit, set aside, or enforce an
award in an arbitration held or to be held within the jurisdiction;
(d) any summons, order or notice in any proceedings duly instituted whether by writ of summons or other such
originating process as aforesaid.
(2) Where the person on whom an originating summons, petition, notice of motion, or other originating
proceedings or a summons, order, or notice is to be served is neither a Commonwealth citizen nor residing
within a Commonwealth country, a copy of the document concerned shall be served, together with an intimation
in writing that a process in the form of the copy has been issued or otherwise launched.