NOTICE: Anambra State Magistrates’ Court Schedule of Fees Review [see Schedule of fees]

IN THE MATTER OF SECTION 80 OF THE MAGISTRATE COURTS’ LAW (CAP 88), THE REVISED LAWS OF ANAMBRA STATE OF NIGERIA, 1991

IN THE MATTER OF SECTION Revised laws of Anambra State of Nigeria, 1991 and 22 AND 23 OF THE INTERPRETATION LAW (CAP 73), THE REVISED LAWS OF ANAMBRA STATE OF NIGERIA, 1991

IN THE MATTER OF AMENDMENT TO THE ANAMBRA STATE MAGISTRATES’ COURT (CIVIL PROCEDURE) RULES, 2019.

In exercise of the powers conferred on us by section 80 of the Magistrate Courts’ Law (CAP 88), the Revised laws of Anambra State of Nigeria, 1991 and sections 22(1)(a)and 23 of the Interpretation Law (Cap 73), the Revised Laws of Anambra State of Nigeria, 1991 and by virtue of all other powers enabling us in that behalf, we, the reconstituted Magistrates’ Court Rules Committee, doth hereby make the following:

RULES
1. These Rules may cited as the Magistrates’ Court Rules 2019 (Amendment) Rules, and shall be deemed to have come into force on the 8th day of July, 2019

2. The Anambra State Magistrates’ Court (Civil Procedure) Rules, 2019 in these Rules referred to as “the Magistrates’ Court Rules 2019” or “the Principal Rules” are hereby amended and set out in these Rules.

3. The schedule of fees payable in the Magistrates’ Court at the time of filling of process or document or performance of any act (Order 21) set out in the schedule to the Principal Rules is hereby amended by substituting or replacing it with a new schedule of fees attached hereto and marked Appendix ‘A’

APPENDIX A
SCHEDULE OF FEES
1. For the recovery of specified sums
(a) Not exceeding N5000. 00 5000
(b) Between 5, 001 to 50,000. 00 1000
(c) Between 50,001 to 500,000.00 2,500
(d) Between 500,001 to 1,000,000.00 5, 000
(e) Between 100,001 to 10,000,000.00 7,500

Being the sum claimed as at the time of filing any application to the Magistrates’ Court.

1. For the possession of property and the payment of arrears of rent and mesne profit between landlord and tenant for amount exceeding 10,000,000 10, 000
2. For the appointment of guardian 1000
3. For an injunction 200
4. For any other relief claimed. 200

NOTE:
(a) Item 1 the sum claimed as debt or damages shall be specified
(b) Item2 the annual rent or value to be specified shall be that which is payable under the lease granted to the tenant or the lease last granted to any person before bringing of the landlord, whichever be the greater. It is something other than money, whether wholy or in part, its nature and annual value shall be specified. If the annual rent or value was understated, the court may order the balance of the fee chargeable to be paid, and if it was understated knowingly or negligently, the court may also order a sum equal to the sum to be paid as penalty. In either case, the court may direct that the proceedings shall not continue until the balance and penalty (if any) are paid.

1. Application for warrant 200
2. On filing application to the Magistrates’ in chambers 200
3. Filing security bond 200
4. Filing any other paper 100
5. (a) CTC of ruling 200
(b) Cost per page
6. (a) CTC of Judgement 200
(b) Cost per page. 30
7. For obtaining of CTC of court records or proceedings per page 30
8. (1)Warrant of possession 500
(a) Not exceeding 1 million 200
(b) Between 1 Million and 2 Million 250
(c) Between 3 Million and 5 Million 300
(d) Between 5 Million and 10 Million 350

(2)Execution 500
(3)Filing 500
(4)Service and mileage 100

9. Registration of arbitration award 1, 000
10. For certifying a copy as a certified true copy 100
11. For swearing to an affidavit or making declaration 200
12. For every subpoena 200
13. Witness statement on oath 100
14. Exhibit (per exhibit) 50
15. For searching the archives 100
16. (a) for service of any process or document including
Hearing notice per party within the Magisterial District
(b) additional payment per kilometer 50
17. For any other application or other documents not referred to 100
18. For payment into court (except when ordered by
The court or proceeds of execution):
(a)Not exceeding N50, 000.00 or any part of it 1000
(b) exceeding N50, 000.00 or any part of it 1500

Notes:
Where a bailiff or special bailiff serves more than one document or writ on the same route, one mileage rate only is to be charged and apportioned upon the documents or writs.
Here the bailiff or special bailiff executed any duty in person by direction of the court is entitled, instead of mileage fees, to his actual expenses and such travelling allowances as the court may allow.

In addition to the above fees, the party on whose behalf such services are to be performed shall be liable to pay such expenses on transport as the court may think reasonable.
For the performance of any other duty not expressly provided , the Bailiff or special Bailiff may receive such fees as the court may allow.

Made this 8th day of July, 2019
BENSON S NWANKWO. S.A.N CHINE C. OKONKWO-OKOM, ESQ
(member) Chief state counsel
Ministry of Justice, Anambra state
(member)

HIS HONOUR, VIVIAN I. UDEDIKE
Formerly Chief Registrar Grade 1
(Member)

THE HONOURABLE JUSTICE IJEM ONWUAMAEGBU
Ag. Chief Judge
(Chairman)

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