25. (1) Where the action is tried, the Judge who tries the action may, at or after the trial, enter such judgment as
the nature of the case may require for or against the defendant giving the notice or against or for the third party,
and may grant to the defendant or to the third party, any relief or remedy which might properly have been
granted if the third party had been made a defendant to an action duly instituted against him by the defendant:
Provided that execution shall not be issued without leave of the Court or of a Judge in chambers until after
satisfaction by the defendant of the judgment against him.
(2) Where the action is decided otherwise than by trial, the Court or a Judge in chambers may, on application by
motion or summons, make, such order as the nature of the case may require, and where the plaintiff has
recovered judgment, may cause such judgment as may be just to be entered for or against the defendant giving
notice or against or for the third party.
26. Any person carrying on business within the jurisdiction in a name or style other than his own name may be
sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all
provisions relating to proceedings against firms shall apply.
27. In probate actions, any person not named in the writ may intervene and appear in the action on filing an
affidavit showing how he is interested in the estate of the deceased.
28. Any person not named as a defendant in a writ of summons for the recovery of land may by leave of the
Court or a Judge in chambers, appear and defend, on filing an affidavit showing that he is in possession of the
land either by himself or by his tenant.
29. Any person appearing to defend an action for the recovery of land as landlord, in respect of property whereof
he is in possession only by his tenant, shall state in his appearance that he appears as landlord.
30. Where a person not named as defendant on an writ of summons for the recovery of land has obtained leave
of the Court or a Judge in chambers to appear and defend, he shall enter an appearance, according to the
foregoing rules of this Order, and shall forthwith pay the proper fees for notice of such appearance to be given by
the Registrar to the plaintiff's legal practitioner, or to the plaintiff if he sues in person, and shall in all subsequent
proceedings be named as a party defendant to the action.
31. Where a plaintiff, on whose behalf or by whom a suit is instituted or carried on, either alone or jointly with
another person, is out of the jurisdiction, or is only temporarily therein, he shall assign a fit place within the
jurisdiction where notices or other papers issuing from the Court may be served on him.
32. If it is made to appear on oath, or an affidavit to the satisfaction of the Court that the def6ndant has a bona
fide counter-claim against the plaintiff which can be conveniently tried by the Court, the Court may, in its
discretion stay proceedings in the suit instituted by the plaintiff until he provides such security to comply with
the orders and judgment of the Court with respect to such counter-claim as the Court thinks fit.
33. Where by these Rules, any act may be done by any party in an action, that act may be done either by the
party in person, or by his legal practitioner, or by his agent (unless an agent is expressly debarred under these
Rules or any written law in force in the Federal Capital Territory, Abuja).
B. Alteration of Parties
34. (1) Where after the institution of a suit, any change or transmission of interest or liability occurs in relation to
any party to the suit, or any party to the suit dies or becomes incapable of carrying on the suit, or the suit in any
other way becomes defective or incapable of being carried on, any person interested may obtain from the Court,
any order requisite for curing the defect or enabling or compelling proper parties to carry on the proceedings.
(2) Any person served with such an order may, within such time as the Court in the order directs, apply to the
Court to discharge or vary the order.
35. The death of a plaintiff or defendant shall not cause a suit to abate if the cause of action survives.