(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in his action,
or that the action is stayed, discontinued or dismissed.
3. (1) If claims in respect of two or more causes of action are included by a plaintiff in the same action or by a
defendant in a counter-claim, or if two or more plaintiffs or defendants are parties to the same action, and it
appears to the Court that the joinder of such causes of action or of parties, as the case may be, may embarrass or
delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may
be expedient.
(2) If it appears on the application of any party against whom a counter-claim is made, that the subject matter of
the counter-claim ought for any reason to be disposed of by a separate action, the Court may order it to be tried
separately or make such other order as may be expedient.
Order 5
Writ of Summons
1. (1) A writ of summons shall be issued by the Registrar, or other officer of the Court empowered to issue
summonses, on application.
(2) The application shall ordinarily be made in writing by the plaintiffs solicitor by completing Form 1 in the
Appendix to these Rules; but the Registrar or other officer as aforesaid may, where the applicant for a writ of
summons is illiterate, or has no solicitor, dispense with a written application and instead himself record full
particulars of an oral application made and on that record a writ of summons may be prepared, signed and issued.
2. The writ of summons shall –
(a) contain the name and place of abode of the plaintiff and of the defendant so far as they can be ascertained;
and
(b) state briefly and clearly –
(i) the subject matter of the claim, and the relief sought for, and
(ii) the date of the writ, and place (called the return-place) of hearing.
3. An alteration of a writ without the leave of the shall render the writ void.
4. A plaintiff may unite in the same suit several causes of action, but the Court may if it think that the causes of
action, or some of them, cannot be conveniently tried together, order separate trials or make such other order as
may be necessary or expedient for the separate disposal thereof, and may make such order as to adjournment and
costs as justice requires.
5. Causes or matters pending in the same Court may by order of the Court be consolidated and the Court shall
give such directions as may be necessary with respect to the hearing of the causes or matters so consolidated.
6. Subject to the provisions of these Rules or of any written law in force in the Federal Capital Territory, Abuja,
no writ of summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction,
shall be issued without the leave of Court or a Judge in Chambers.
7. Writ of summons shall be printed on an opaque foolscap size paper of good quality.
8. (1) Every writ shall be in Form 1, 2, 3, or 4 in Appendix to these Rules or forms to the like effect in all
matters, causes and proceedings to which they are applicable, with such variations as circumstances may require.
(2) In proceedings for which forms are not provided or prescribed by these Rules or by any subsequent Rules or
orders of Court, the Registrar may, subject to the approval of the Court, from time to time, frame the forms
required.