(c)
Where the act is required to be done within a period which does not exceed six days, holidays
shall be left out in computing the period.
Holiday
2.
In this order holiday means a day, which is a Sunday or a public holiday as declared by the Federal
Government.
Time of service
3.
(1) No pleading, summons, motions, orders, originating process, documents and other processes
shall be served before 6.00 a.m. or after 6.00p.m. Service effected after 6.00p.m. shall be deemed
to have been effected the following day provided that service effected after 6.00p.m. on Saturday
shall be deemed to have been effected on the following Monday.
(2)
Service before 6.00a.m shall for the purposes of these Rules be deemed defective service.
Court may extend time.
4.
The Judge may, as often as he deems fit and either before or after the expiration of the time appointed by
these or by any Judgment or order of the Court, extend or adjourn the time for doing any act or
taking any proceedings:
Provided that any party who defaults in performing an act within the time authorized by the Judge or
under these Rules shall pay to the Court an additional fee of N200.00 (Two hundred Naira) for each
day of such default at the time of compliance.
No enlargement of time by consent of parties.
5.
Parties cannot consent to enlarge any of .the times fixed by the provisions of these Rules for taking
any step, filing any document, or giving any notice.
ORDER 49
TRANSFER
Transfer of cause or matter.
1.
A cause or matter may, before evidence is taken, and at the request of either party to the suit be
transferred by a judge before whom the cause or matter is pending to another court of the
same division.
Re-assignment of cause or matter.
2.
A cause or matter may at any stage of the proceedings be re-assigned to another judge of the
same Division or of any other Division by the Chief Judge whether or not the cause or matter is
being heard before him.
Action by the Chief Judge on transfer