(7) After entry of appearance by the defendant, or, if no appearance is entered after expiry of the time limited for
appearance, the action may proceed to judgment in all respects as if the defendant had for the purposes of the
action waived all privileges and submitted to the jurisdiction of the Court.
(8) Where it is desired to serve or deliver a summons, order or notice in the proceedings on the defendant out of
the jurisdiction, the provisions of these Rules shall apply with such variations as circumstances may require.
21. Where leave is given in a civil cause or matter or where such leave is not required and it is desired to serve
any writ of summons, originating summons, notice, or other document in any foreign country with which a
Convention in that behalf has been or shall be made, the following procedure shall, subject to any special
provisions contained in the Convention, be adopted(a) the arty bespeaking the service shall file in the registry a request in Form 8 or Form 66 in the Appendix to
these Rules which form may be varied as may be necessary to meet the circumstances of the particular case, in
which it is used;
(b) Such request shall state the medium through which it is desired the service shall be effected, that is to say,
whether(i) directly through the diplomatic channels, or
(ii) through the foreign judicial authority, and shall be accompanied by the original document and translation
thereof in the language of the country in which service is to be effected, certified by or on behalf of the person
making the re- quest and a copy of each for every person to be served and any further copies which the
Convention may require (unless the service is required to be made on a Nigerian subject directly through the
diplomatic channels in which case the translation and copies thereof need not accompany the request unless the
Convention expressly requires that they should do so);
(c) the documents to be served shall be sealed with the seal of the Court for use out of the jurisdiction and shall
be forwarded by the registrar to the Director-General of External Affairs for transmission to the foreign country;
(d) an official certificate, transmitted through the diplomatic channel by the foreign judicial authority or by a
Nigerian Diplomatic Agent to the Court, establishing the fact and the date of the service of the document, shall
be deemed to be sufficient proof of such service, and shall be filed of record as, and be equivalent to, an affidavit
of service within the requirements of these Rules in that behalf.
22. Rule 21 of this Order shall not apply to or render invalid or insufficient, any mode of service in any foreign
country with which a Convention has been or shall be made which is otherwise valid or sufficient according to
the procedure of the Court and which is not expressly excluded by the Convention made with such foreign
country.
23. The Court or Judge, in giving leave to serve a document out of the jurisdiction under these Rules, may in an
appropriate case direct that airmail service shall be used by the party effecting service.
24. Where in any civil cause or matter pending before a court or tribunal in any foreign country with which a
Convention in that behalf has been or shall be made, a request for service of any document on a person within
the jurisdiction is received by the Chief Judge from the consular or other authority of that country, the following
procedure shall, subject to any special provisions contained in the Convention, be adopted(a) the service shall be effected by the delivery of the original or a copy of the document, as indicated in the
request, and the copy of the transaction, to the party or person to be served in person by an officer of the Court,
unless the Court or a Judge in chambers thinks fit otherwise to direct;
(b) no court fees shall be charged in respect of the service, (the particulars of charges of the officer employed to
effect service shall be submitted to the Chief Registrar of the Court who shall certify the amount properly
payable in respect thereof);
(c) the Chief Judge shall transmit to the consular or other authority making the request, a certificate establishing
the fact and the date of the service in person, or indicating the reason for which it has not been possible to effect