The commissioner may direct counsel to prepare the report. Joining Causes of Actions Multiple causes of actions can be joined in the same proceedings.18 are relatively undemanding.e. the new defendant s presence must be necessary for the complete adjudication of the issues between the existing parties. o The discretion to grant leave should take into account the overriding purpose principle in CPA s56.19) the causes of action that can be joined are determined by UCPR r6. (no relation back principle here) 78. - Generally an amendment takes affect not from the date of amendment but from the date of the original document which is amended. and (ii) in his or her personal capacity. (b) if the plaintiff sues: (i) in his or her capacity as executor of the will of a deceased person.

If any person named executor in the will of the deceased takes possession and administers or otherwise deals with any part of the property of the deceased and does not apply for probate within one month after the death or after the termination of any suit or dispute respecting probate or administration, he may independently of any other liability, be deemed guilty of a contempt of court and shall be liable to such fine, not exceeding one hundred naira, as the Court thinks fit to impose. 6. (1) When any person subject to the jurisdiction of the Court dies, all petitions for the grant of probate of his will and all applications or other matters connected with it shall be made to the Probate Registrar of the Court at the High Court of Justice, Abuja. (2) In regard to any such application, the Chief Judge shall have power to request any Court of the Federal Capital Territory, Abuja to take measures and make such order as may appear necessary or expedient for the interim preservation of the property of the deceased within the Federal Capital Territory, Abuja, for the discovery or preservation of the will of the deceased or for any other purposes connected with the duties of the Court under this Order and every Court shall carry out any such request as far as practicable and report to the Chief Judge. 7. (1) A person applying for a grant through a legal practitioner may apply otherwise than by post at the Probate Registry. (2) Every legal practitioner through whom an application for a grant is made shall give the address of his place of business within jurisdiction. 8. (1) A personal applicant may apply for a grant otherwise than by post at the Probate Registry. (2) A personal applicant may not apply through an agent, whether paid or unpaid and may not be attended by any person acting or appearing to act as his adviser. (a) it becomes necessary to bring the matter before the Court on motion or by action; (b) an application has already been made by a legal practitioner on behalf of the applicant and has not been withdrawn; or (c) the Registrar otherwise directs. (4) After a will has been deposited in the Registry by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances the Registrar so directs. (5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as the Registrar may approve. (6) A personal applicant shall supply all information necessary to enable the papers leading to the grant to be prepared in the Registry or may himself prepare such papers and lodge them unsworn. (7) Unless the Registrar otherwise directs, every oath, affidavit or guarantee required of a personal applicant shall be sworn or executed by all the deponents or sureties before an authorised officer. 9. (1) The Registrar shall not allow any grant to issue until all inquiries which he may see fit to make have been answered to his satisfaction. (2) The Registrar may require proof of the identity of the deceased or of the applicant for the grant beyond that contained in the oath. (3) No grant of probate or of administration with the will annexed shall issue within seven days of the death of the deceased. 10. (1) Every application for a grant shall be supported by an oath in the form applicable to the circumstances of the case, which shall be contained in an affidavit sworn by the applicant, and by such other papers as the Registrar may require. (2) Unless otherwise directed by the registrar, the oath shall state where the deceased died domiciled. 11 , source: Practical Advocacy in the Sheriff Court: Skills for Successful Practice.

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