(5)
The party bespeaking a copy of a document for service under this rule shall at that time
of bespeaking the document file a praecipe in Form 9 in Appendix 6 to these Rules.
(6)
An official certificate from the Minister responsible for matters relating to foreign affairs
transmitted by the Ministry of Justice or otherwise to the Court certifying that the notice
was delivered on a specified date to the Government of the country of the defendant
shall be deemed to be sufficient proof of service and shall be filed as record of, and be
equivalent to, an affidavit of service within the requirements of these Rules in that behalf.
(7)
After entry of appearance by the defendant, or, if no appearance is entered after expiry of
the lime 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 this rule shall apply with such variation
as circumstances may require.
Service of documents abroad
20.
Where leave is given in a civil cause or matter or where 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 -
Civil Form 8 and Civil Form 37
(a)
the party bespeaking the service shall file in the registry a request in Form 8 or Form 37 in
Appendix 6 to these Rule which form may be varied as may be necessary to meet the
circumstances of the particular case in which it is used and the request shall state the
medium through which it is desired that the service shall be effected, that is, whether
(i)
Directly through the diplomatic channels, or
(ii) Through the foreign judicial authority, and shall be accompanied by the original documents
and a 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 request and a copy of each for every person to be served
and any convention may require (unless the service is required to be made on a Nigerian citizen
directly through the diplomatic channels in which case the translation and copies thereof need
not accompany the request unless the Convention expressly required that they should do so);
(b)
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 Permanent Secretary for Foreign
Affairs for transmission to the foreign country;
(c)
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 as record of, and be equivalent to, an affidavit of service within the requirements of these
Rules in that behalf.
Saving for other modes of services