of the country in which leave to serve the document has been given and the request shall be as in
Form 7 in Appendix 6 to these Rules with such variations as circumstances may require;
Civil Form 8
(b)
The party requesting a copy of a document for service under this section shall, at the time of
requesting the same, file a praecipe as in Form 8 in appendix 6 to these Rules.
(c)
An official certificate, or declaration upon oath or otherwise, transmitted through the
diplomatic channel by the Government or Court of a foreign country to which this provision
applies, to the Court, shall, provided that it certifies or declares the document to have been personally
served, or to have been duly served upon the defendant in accordance with the law of that
foreign country, or words to that effect, be deemed to be sufficient proof of service, and shall be
filed on record as, and be equivalent to an affidavit of service within the requirements of these
Rules in that behalf;
Civil Form 9
(d)
Where an official certificate or declaration transmitted to the Court in the manner provided in
paragraph (c ) of this sub-rule certifies or declares that efforts to serve a document have
been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order
substituted service of the document, and the document and a copy of it and the order shall
be sealed and transmitted to the permanent secretary to the Ministry of justice in manner aforesaid
together with a request in Form 9 of Appendix 6 to these Rules, with such variations as
circumstances may require.
(2)
Nothing herein contained shall in any way prejudice or affect any practice or power of the Court
under which when lands, funds, chooses in action, rights or property within the jurisdiction are
sought to be dealt with or affected, the Court may, without affecting the exercise of jurisdiction
over any person out of the jurisdiction, cause such person to be informed of the nature or existence
of the proceedings with a view to such person having an opportunity of claiming, opposing or
otherwise intervening..
Service out of the jurisdiction under the Civil Aviation Act
19.
(1) where, for the purpose of an action under the Civil Aviation Act and the Convention therein set
out, leave is given to serve a notice of writ of summons upon a high contracting party to the
Convention other than Nigeria, the provisions of this order shall apply.
(2)
The notice shall specify the time for entering an appearance as limited in pursuance of rule 15 of this
order.
(3)
The notice shall be sealed with the seal of the Court for service out of jurisdiction, and shall be
transmitted to the Ministry of Justice, together with a copy thereof transmitted into the
language of the country of the defendant, and with a request for transmission to the
Minister responsible for matters relating to foreign affairs for further transmission of the same to
the Government of that country.
Civil Form 10
(4) The request shall be in Form 10 in appendix 6 to these Rules, with such variations as
circumstances may require.