High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules Order 1 Form and Commencement of Action 1. Subject to the provisions of any enactment, civil proceedings may be begun by writ, originating summons, civil proceedings originating motion or petition, or any other method required by other rules of court governing any special subject matter as provided in these Rules. 2. (1) Subject to the provisions of any enactment or of these Rules by virtue of which any proceedings are expressly required to be begun otherwise than by writ, proceedings in which a claim(a) is made by a plaintiff for any relief or remedy for any tort or other civil wrong; (b) made by the plaintiff is based on an allegation of fraud; (c) is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a law or independently of any contract or any such provision) or where the damages claimed consist of or include damages in respect of death of any person or in respect of personal injuries to any person or in respect of damage to any property; (d) is made by the plaintiff in respect of the infringement of a patent, trade mark, copyright, intellectual or any other proprietary interest of whatever kind; (e) for a declaration is made by an interested person, (2) Proceedings may be begun by originating summons where – (a) the sole or principal question at issue is, or is likely to summon, be, one of the construction of a written law or of any instrument made under any written law, or of any deed, will, contract or other document or some other question of law; or (b) there is unlikely to be any substantial dispute of fact. (3) Proceedings may be begun by originating motion or maybe begun by petition where by these Rules or under any written law the proceedings in question are required or authorized to be so begun, but not otherwise. Order 2 Effect of Non-Compliance 1. (1) Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure may be treated as an irregularity and if so treated, will not nullify the proceedings, or any document, judgment or order therein. (2) The Court may on the ground that there has been such a failure as mentioned in paragraph (1) of this rule and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein, or it may exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit. 2. (1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity. (2) Any application under paragraph (1) of this rule may be made by summons or motion on notice, and the grounds of objection shall be stated in the summons or notice of motion.

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