REQUIREMENT OF ENDORSING ORIGINATING PROCESSES WITH ORDER TO MAINTAIN STATUS QUO UNDER THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA (CIVIL PROCEDURE) RULES 2018: AN APPRAISAL

Abstract

The new High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules, 2018 in line with its overriding objectives of effective and expeditious trial contains some ground breaking and innovative provisions. In illustration, the new Abuja rules provide for the case management mechanism of Pre-trial Conferences as well as the simple Summary Judgment Procedure under its Order 11; all of which it adopted from the High Court of Lagos rules, 2012. The new Abuja rules also provides for the mandatory fixing of lawyers’ seal to originating processes. One of the new provisions, which this work critically analysed was its Order 4 Rule 9; which requires the Registrar to endorse all originating processes with the order that parties maintain status quo until the court otherwise orders. Prior to this, interlocutory injunctions were the only means of getting an order to maintain status quo. The analysis found that the provision seeks to make trials faster by removing the need for the time wasting interlocutory applications, but in doing so raises some fundamental questions. For instance, does the rule imply the abrogation of interlocutory applications before the High Court? Does the provision bind agents and privies of the parties to the suit? Is it an order of court, the breach of which can be addressed by contempt proceedings? Who indemnifies a party if losses are incurred by the party who eventually succeeds? What safeguards are there to prevent abuse by the filing of frivolous suits simply to restrain the other party? It was recommended that the provision be strengthened to achieve its goal.