with him, from personally serving the writ or documents, it shall be sufficient to inform the person to
be served of the nature of the writ or document as near that person as practicable.
Affidavit of service
27.
In all cases where service of any writ or document has been effected by a bailiff or other
officer of Court, an affidavit of service sworn to by the bailiff or other officer shall, on
production, without proof of signature, be prima facie evidence of service.
Expenses of service
28.
The costs of and incidental to the execution of any process in a suit shall be paid in the first place by
the party requiring the execution, and the sheriff shall not (except by order of the Court) be bound to
serve or execute any process unless the fees and reasonable expenses thereof shall have been
previously paid or tendered to him.
Service on Sunday or public holiday
29.
Service shall not be made on a Sunday or public holiday, unless the Court directs otherwise by
order endorsed on the document to be served.
Recording of service
30.
A book shall be kept at every Court for recording service or process, in such form as the Chief
Judge may direct, in which shall be entered by the officer serving the process, or by the registrar,
the names of the plaintiff or complainant and the defendant, the particular Court issuing the process,
the method, whether personal or otherwise, of the service, and the manner in which the person
serving ascertained that he served the process on the right person, and where any process is not
duly served, then the cause of failure shall be stated and every entry in the book or an office
copy of any entry shall be prima facie evidence of the several matters therein stated.
Interpretation
31.
In this order "Out of Jurisdiction" means out of the Federal Republic of Nigeria.
ORDER 7
APPEARANCE
Mode of entry of appearance. Civil Form II
l.
(1) A defendant served with an originating process shall within thirty days file in the Registry, along
with the process mentioned in order 13 rule 2 ( 1 ) , the original and copy of a duly completed and
signed memorandum of appearance as in Form 11 with such modifications or variations as
circumstances may require.
2.
On receipt of the memorandum of appearance, the Registrar shall make entry thereof and
stamp the copy with the seal showing the date he received it and return the sealed copy to the
person making the appearance.