"gross value" in relation to any estate means the value of the estate without deduction for debts, incumbrances,
funeral expenses or estate duty;
"oath" means the oath required by this Order to be sworn by every applicant for grant;
"personal applicant" means a person other than a trust corporation who seeks to obtain a grant without
employing a legal practitioner and "personal application" has a corresponding meaning;
"Registrar" means the Probate Registrar, being the Chief Registrar of the High Court of the Federal Capital
Territory, Abuja;
"registry" or "probate registry" means the probate registry at the High Court of the Federal Capital Territory,
Abuja;
"will"
includes
a
codicil
and
any
testamentary
document
or
copy
or
reconstruction
thereof.
(3) Unless the context otherwise requires, any reference in this Order to any rule or enactment shall be construed
as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.
Order 51
Proceedings Under the Legitimacy Law
1. In this Order, "petitioner" means a person applying for a legitimacy declaration and "petition" has a
corresponding meaning.
2. The practice and rules of the Court shall so far as practicable govern all proceedings under the Legitimacy
Law, subject nevertheless to the particular provisions of this Order.
3. (1) A petition shall be headed "In the matter of the Legitimacy Act", and "In the matter of-(the person to be
declared legitimated)", and shall be according to the prescribed form, with such variations and additions as the
circumstances may require and shall state among other matters(a) the place and date of the marriage concerned;
(b) the status and residence of-each of the parents and the occupation and domicile of the father of the person
whose legitimacy the Court is asked to declare(i) at the date of his birth, and
(ii) at the date of the marriage;
(c) whether there are living other issues of the parents of such person as aforesaid and the respective names and
dates of the birth of all such issues;
(d) the person (if any), affected by the legitimation of such person as aforesaid and the value so far as is known
of the property (if any), thereby involved;
(e) whether any and if so, what previous proceedings under the Legitimacy Act or otherwise with reference to
the paternity of such person as aforesaid or the validity of the marriage leading to his legitimation have been
taken in any court; and
(f) that there is no collusion.
(2) A petition shall also include an undertaking by the petitioner (if not: an infant or person of unsound mind) to
pay the costs of the respondents if the Court so directs.
(3) If the petitioner is an infant or person of unsound mind, he shall petition by a next friend and the full names,
occupation or description and residence or place of business, of the next friend shall be stated in the petition and
there shall be lodged by him with the petition an undertaking to be responsible for costs.