Outcomes

At the end of the lesson students would be able to:

1. Explain how different types of proceedings are commenced at the High Courts and the steps to take to initiate or contest actions,
2. Complete a writ of summons and draft originating summons and the documents to be frontloaded (particularly the witness statement on oath);
3. Explain how court documents are brought to the notice of the other party;
4. Discuss the principles governing the issue and renewal of originating processes;
5. Discuss and explain the principles governing entry of appearance by the defendant in a matter upon being served with the originating processes, default of appearance and judgment thereof.
6. Draft the Memorandum of Appearance
7. Explain the consequences of non-compliance with the Rules of court.
8. Explain the steps to be taken where the Defendant wants to set aside the service of the Writ or Originating process (es).
9. Explain and discuss the ethical implications of commencing action by wrong procedure, none or improper service of originating processes, delay in raising objection to non-compliance.

 

There is one high court for each state however it is broken down into judicial divisions for administrative convenience. See NIGERITE (NIG) LTD V DANLAMI (NIG) LTD (1992) 7 NWLR (PT 253) 288

• Venue to commence the action – the venue will be the judicial division
• All suits relating to land will be commenced in the judicial division where the land is situate.
• Recovery of penalties, forfeiture, actions against public officer – these will be instituted where the cause of action arose
• Actions for specific performance or breach of contract – The matter will be instituted where the contract ought to be performed or where the defendant resides
• All other suits – for any other suits apart from the 3 above it would be instituted where the defendant resides or carries on business

See order 2 Lagos; order 9 Abuja

• Where there are several defendants residing or carrying on business in different judicial divisions. Order 2 rule 4(2) Lagos; Order 9 Rule 4(2) Abuja – it can be commenced where any of the defendants reside.

 

Commencement of action in the wrong judicial division

Where an action had been filed under the wrong Judicial division the Chief Justice can decide that the matter should continue in that wrong judicial division up until the time judgment is given and it will not nullify the suit unless a defendant objects to the jurisdiction of the court. This is because it is just one state high court but they are broken down for administrative convenience. Order 2 rule 5 Lagos, order 9 rule 5&6 Abuja. A wrong judicial division does not nullify the suit.

 

Modes of commencing an action at the high court

There are basically 4 different modes

1. Writ of summons
2. Originating summons
3. Petition
4. Originating motion

 

• Lagos makes express provision for writ of summons & originating summons. Order 3 rule 1 & 5 Lagos, while
• Abuja provides for all the four. Order 1 rule 1 Abuja.

This is not to say that in Lagos you can’t use petition or originating motion, they can be used where the statute or rules of court provide that they can be used.

 

 

1) WRIT OF SUMMONS

Commencement of action by writ of summons:-

Most actions are commenced by writ of summons except otherwise provided by the rules or any law. See order 3 rule 1 Lagos; order 1 rule 2 Abuja

When do you use writ of summons?

1. It is used when the matter is contentious in nature and needs to go to trial. So where a matter is in dispute. See Doherty v Doherty (1969) NMLR P.24; NBN V ALAKIJA (1978) 9-10 SC P59; DIRECTOR OF SSS V AGBAKOBA
2. Where it is not so clear on the mode to use. SEE DOHERTY V DOHERTY supra

When an action is commenced, there must be a statement of claim that will go along with it where they will state all the facts you’re relying upon to prove your case.

 

Frontloading of documents

• Where an action is commenced by writ of summons it must be accompanied by some specified documents stated under both the Lagos and Abuja rules. So apart from statement of claim they must be accompanied by some other specific documents. The documents to be attached in Lagos are not completely the same with that of Abuja
• In Lagos – see Or 3 rule 2(1). The documents are:

1. Statement of claim
2. List of witnesses to be called at the trial – when drafting, it will be: heading of the court; suit number; names of the parties; title of the document which is “list of witnesses”; then 1) Mr Edward 2)Mrokekeetc, then the lawyer would then write his signature name , then on the left side it will be for service on the other party
3. Written statement on oath of the witnesses except witnesses on subpoena – this is like an affidavit where they will tell the facts of the evidence that is going to be given in court, so it’s a written statement on oath of the facts the witness will give in court. An affidavit is meant to be in numbered paragraphs, this also applies to a witness statement on oath;
4. Copies of every document to be relied on at the trial – these are the documents the person wants to tender in court in support of their case
5. Pre-action protocol form 01 – this form shows that attempts have been made at settlement but this didn’t work and that’s why they are going to court, its meant to be filed by only the claimant or his legal practitioner.

• In Abuja see order 4 rules 15 Abuja. The documents are:
• A statement of claim
• Copies of documents mentioned in the statement of claim to be used in evidence
• Witness statement on oath
• A certificate of pre-action counselling - Bothcounsel to the plaintiff and counsel to the defendant must file the certificate of pre-action counselling that they have advised their parties as to the relative strength and weakness of their case and if the court finds the case frivolous then the counselwill be liable, order 4 rule 17.This is contained in form 2, learn the draft and put a heading because in practice people file it that way.

“ I ………..Legal practitioner of ……….to the said plaintiff/defendant have gone through the facts of the case of the said plaintiff/defendant and on my honour have appropriately counselled him/her on the relative strengths of his case or otherwise and should this turn out to be frivolous I am prepared to be liable as per the provisions of the rules of this court.

 

Signed …………….

Legal practitioner to the plaintiff/defendant”

This is known as frontloading

 

Similarities between the two are:

• Statement of claim
• Written statement on oath of witnesses and
• Copies of every document to be relied on at trial

 

Differences:

Lagos – (1) List of witnesses to be called at the trial &(2) pre-action protocol form 01. See order 3 rule 2(1) Lagos

Abuja – certificate of pre-action counselling – seeorder 4 rule 15 Abuja.

 

Advantages of front-loading documents

• Ensures that frivolous actions are not filed in court
• Avoids springing of surprises – because at the time of frontloading the two parties will the know the case of the other
• Help the parties and the judges prepare well for the case
• Ensures speedy trial and quick dispensation of justice
• Prepares parties and the judge for case management conference
• Encourage parties to settle out of court by ADR – once documents are frontloaded the parties know if they have a good or bad case and this enable them go to ADR
• It saves time and costs

 

Failure to frontload documents. See order 3 rules 2(2) Lagos; order 4 rule 15 Abuja - The registry will not issue the writ, so the writ will not be accepted for filing 

 

Note the importance of

1. Pre-action protocol form 01 in Lagos. See preamble, or
2. A certificate of pre-action counselling

 

Note: Regulation 1(1) of the mandatory use of the national identification number regulations, 2017 made under the National Identity Management Commission Act 2017 provides that

• It shall be mandatory to use NIN for filing and registration of criminal & civil actions in court or other arbitration processes. (This is not used in practice currently)

 

Form of writ of summons

1. General form of writ of summons is FORM1 where the writ is for service within Nigeria. Order 3 rule 3 Lagos & order 4 rule 1 (2) Abuja – this is what usually comes out in exam
2. Where the process is to be served out of Nigeria, so out of jurisdiction use FORM 2 (Lagos),and in Abuja FORM 3 & 4.See order 3 rule 4 Lagos; praecipe forms 3 & 4 Abuja. Order 4 rule 1 Abuja

In exam they either tell you to fill the form or they fill it in wrongly and ask you to correct it

 

The date of appearance is always stated on the writ of summons, in Lagos it is 42 days, while in Abuja it is 8 days

 

Content of a writ of summons

1. The heading of the court
2. Suit number
3. The names of the parties and the capacity in which they are suing
4. Title of the document
5. The name and address of the defendant
6. The time within which he is to enter an appearance
7. The date the writ is issued
8. The lifespan of the writ
9. The particulars of claim
10. The name & address of the legal practitioner for the claimant
11. The address of the claimant (for service of court processes)

 

All the originating processes are served personally on the defendant because at the time of service the counsel the defendant will use is not yet known.

 

Indorsement of writ of summons

• Indorsement means what should the person put as their claim or remedy on the writ of summons because every writ of summons should contain the particulars of claim and the reliefs/remedies they are seeking. Order 4 rule 1 Lagos; order 4 rule 10 Abuja

There are two ways of endorsing particulars of claim or remedies

1. General indorsement of writ- both Lagos and Abuja provide for general endorsement. It is expected that it is stated in a short and concise manner the summary of their claim

Concise statement of the claimants claim & relief sought is stated in summary, this must be done directly on the writ of summons.Details of fact will be stated on a separate document, which is the statement of claim – see order 4 rule 1 Lagos & FORM 1 & 2 Lagos; order 4 rule 10(2) Abuja & FORMS 1 & 3 Abuja

1. Special indorsement – the rules require you to state everything in your statement of claim on that space given at the back. It contains detailed statement of claim at the back of the writ of summons. In practice as the space is small, a continuation sheet is usually attached. See order 4 rule 8 & 10 (2) & FORMS 2 &4 ABJ. In this day of frontloading no one uses special endorsement again, they just use general endorsement

• Indorsement of claim must be directly at the back of writ of summons. See ALATEDE V FALODE (1966) ALL NLR P 101; ALAWODE V SEMOH (1959) 4 FSC P 29
• If the claim cannot be conveniently indorsed on the back of the writ, use of continuation sheet is allowed. See ALATEDE V FALODE supra

 

• Address of the parties and their legal practitioners as address for service.
• Where the claimant / plaintiff sues in person and he resides. Order 4 rule 6 (1) Lagos; order 4 rule 12 (3) Abuja
• In Lagos claimant shall also include his telephone number, email address
• Where the claimant/plaintiff is represented by counsel, the writ shall state his address and address of his counsel
• Where his counsel is based outside the jurisdiction, he shall state a chambers address within the jurisdiction as his address for service
• In Lagos the counsel will also his include his phone number and email address
• Note: always state the name of counsel that prepared the document before stating the name and address of law firm. See OKAFOR V NWEKE (2007) 10 NWLR (PT 1043) P.521
• Address of defendant(s) for service within jurisdiction must be stated
• What happens to an originating process without an address for service?Address for service must be personal address of defendant not his counsel, you don’t know his counsel yet
• What happens where the address given is illusory fictitious or misleading? – The process can be struck out or the service will be set aside See order 4 rule 8 Lagos; order 4 rule 12 Abuja

 

• Representative capacity or any other capacity is to be stated. See order 4 rule 2 & 3 Lagos; order 4 rule 11 Abuja
• Writ must be signed
• An unsigned writ is like a worthless paper and can be struck out or set aside. See OKAFOR & ORS V NWEKE & ORS supra
• A writ must be dated

 

• Type of paper to be used for writ? Opaque A4 paper of good quality. Full scap is not valid. Order 6 rule 1 Lagos; order 4 rule 7 Abuja
• Concurrent writ may be issued in both jurisdictions. Under Abuja and Lagos the claimant is allowed to issue a concurrent writ. A concurrent writ is a carbon copy the only thing is if more parties are joined and they want a true copy of the writ to be served on the other parties. Order 6 rule 9 & 10 Lagos; order 4 rule 13 Abuja
• A concurrent writ is a true copy of the original writ and bears the same date
• How are parties to a writ of summons referred to? In Abuja – plaintiff and defendant, in Lagos – claimant and defendant.

 

ISSUANCE OF WRIT

• When is a writ issued in Lagos?
• Registrar shall seal. Order 6 rule 2 (1) Lagos;
• When is a writ issued in Abuja?
• Registrar only needs to sign. Order 4 rule 9 & 15 Abuja
• When is an action deemed to have commenced?
• Claimant has taken all the necessary steps he is required to take under the statutes including payment of filing fees. UBA V MODE NIG LTD (2000) 1 NWLR (PT 640) P 270; ALAWODE V SEMOH supra

 

Prayer for injunction in writ of summons – whereof the claimant’s claim is as follows: 1. “An order of perpetual injunction restraining the defendant, his privies, servants, agents from entering into ……(subject matter land)”.

Note: You don’t put and for such further orders in relief of the writ of summons, your claim is your claim, the court doesn’t give you any extra. And for such further orders is used for only motions, because those are equitable.  

 

 

2) COMMENCEMENT BY ORIGINATING SUMMONS

 

When do you use originating summons to commence action?

1. Whenever statutes or law provides for its use
2. When the facts are not likely to be in substantial dispute or in dispute.
3. Determination or interpretation of a written law, enactment, written instrument, deed, will, contract or declaration of rights. See order 3 rule 5 & 6 Lagos; order 1 rule 2 (2) Abuja; Director of SSS v AGBAKOBA SUPRA; DOHERTY V DOHERTY; NBN V ALAKIJA SUPRA

 

Advantages of use of originating summons 

• No filing of pleadings, interrogatories or discoveries, based on affidavit evidence. Thismeans the matter will be heard expeditiously

 

Other instances when originating summons can be used

• Enforcement of fundamental rights. SAUDE V ABDULLAHI (1987)
• To correct errors in judgment. UNILAG V AIGORO (1991) 3 NWLR, AGIP NIGERIAN LTD & ORS V EZENDU

 

Instances when originating summons should not be used:

1. When an action is contentious or hostile proceedings
2. Actions for title to land

See ORIANWOVO V ORIANWOVO (2001) 5 NWLR (PT.707)  P516

How are parties are referred to when a matter is commenced by originating summons? Claimant/plaintiff and defendant

 

CONTENT OF ORIGINATING SUMMONS

1. Heading of the court & suit Number
2. Names of the parties and capacity in which they are suing

• Title of the document

1. Address of the parties for service within jurisdiction
2. Time within which to enter appearance. Lagos within 21 days; Abuja within 8 days
3. Nature of the claim & reliefs/remedy sought

• Statement of questions to be determined. See generally order 5 rule 3(1) Abuja
• Must be dated and signed

 

• Documents that should support originating summons in Lagos. See order 3 rule 8(2) Lagos:
• An affidavit setting out the facts relied upon;
• All the exhibits to be relied upon
• A written address in support of the application
• Pre-action Protocol FORM 01
• Documents that should support the process in Abuja. Order 5 rule 2 Abuja:

When filing an application a written address must also be included

• General form is FORM 3,4, & 5 in Lagos and FORM 54 – 58 in Abuja

 

Effect of issuing originating summons.

What should the defendant do where he wants to defend the action? To any application that is by affidavit the defendant will file a counter affidavit

What happens where action is wrongly commenced by originating summons? The court will not strike out the matter, if the court finds that the matter is contentious the court will order that the pleadings be filed. SEE ADEYELU II V AJAGUNGBADE III (2007) 14 NWLR (PT 1053) P1

 

3) COMMENCEMENT OF ACTION BY PETITION

• Expressly provided for in Abuja but not in Lagos. However it can also be used in Lagos.
• Action will be commenced by petition in both jurisdictions when a statute or rules of court provides for its use. See order 1 rule 2(3) Abuja. Also KASOP v KOFA TRADING CO (1996) 2 SCNJ 325
• How are parties referred to? Petitioner and respondent.

 

Examples of actions that can be commenced by petition: matrimonial causes, election matter.

 

Contents of a petition

1. Concise statement of the nature of the claim of the petitioner
2. The relief or remedy sought. Order 6 rule 1 Abuja
3. A statement of the name of the persons, if any, required to be served or if no person is required to be served, a statement to that effect.

 

 

 

• COMMENCEMENT OF ACTION BY ORIGINATING MOTION

This is provided for in Abuja but not in Lagos rules

It can be used for:

1. Judicial review see order 42 rule 1 & 5 (1) Abuja
2. Enforcement of Fundamental Rights. See order 2 rule 2 fundamental rights enforcement rules
3. Where a statute or rule provides that an application be made to court but does not specify the type of application; KASOP V KOFA TRADING CO.SUPRA

 

How are parties referred to? Applicant and respondent

 

Service of originating processes within jurisdiction

• Governed by the rules of court
• Who affects service of originating process? The way you serve originating process is different form when they want to serve any other action when the matter has commenced. See order 7 rule 1 Lagos – sheriff, deputy sheriff, bailiff, special marshal or any other officer of the court; order 11 rule 1 Abuja
• Mode of service on a person. – Originating processes must be served personally. Order 7 rule 2 Lagos; order 11 rules 2 Abuja
• Mode of service on a company – when serving an originating process on a company, it can be served on any of the director of the company, company secretary, or principal officer at the registered officer. See s.78 CAMA, order 7 rule 9 Lagos; order 11 rule 8 Abuja; MARK V EKE (20040 1 SC (PT.II) P.1 –the case held originating services can be served on any of its branch offices so long it is served on the director or secretary.

Order 7 rule 3 Lagos, Order 11 rule 3 Abujathey both provide for instances where you can dispense with personal service on the defendant and they both provide that where the defendant has authorised his Legal Practitioner in writing to accept service of originating process his behalf and such Legal Practitioner enters appearance on his behalf, apart form this every service of originating process must be done personally. It’s the person that serves that drafts the affidavit of service.

 

Service outside jurisdiction

Where a matter is instituted in one state but served in another state. It is covered by Sheriff and Civil process act Cap 56 LFN. The law allows a person to institute an action in one state and serve in another state, but before this can be done three conditions must be met. If these conditions are not met any service will be irregular and can be set aside. The conditions are in s 97-99 SCPA and the question often come out in exam

• You must seek leave of court to issue the writ for service out of jurisdiction NWABUEZE V OKOYE; ADEGOKE MOTORS V ADESANYA , ODUA INVESTMENT V TALABI. Abuja states expressly that you need to seek leave, but Lagos doesn’t make such express statement so this has led to the argument that in Lagos you don’t need to seek leave of court before service outside jurisdiction.
• The writ must be endorsed by the registrar of the court where the action was filed that the writ is to be served out of jurisdiction. See s97 Sheriff and Civil Processes Act (this says the registrar will endorse it), order 3 rule 9 Lagos expressly provides the draft of how you endorse the writ if it to be served out of jurisdiction. “ This summons ( or as the case may be) is to be served out of Lagos state of Nigeria and in the ………………state”.
• The defendant must be given not less than 30 days from the date of service to enter an appearance in the matter except a longer period is prescribed by the rules of court. S 99 SCPA

 

The effect of non-compliance – it will only make the writ to be an irregularity that will make the proceedings to be voidable and not void. It doesn’t nullify the suit. It will be voidable at the instance of a defendant who wants to make an objection to the service of the writ. Where the defendant sleeps on this right he would have waived his right to complain. See  ADEGOKO MOTORS V ADESANYA

Note: In Abuja you make an application to serve this process and such further processes on the defendant in the …….state. “An order of this court granting leave to serve the originating processes and such other processes on the defendant outside the Federal Capital Territory in the 12 Ikoyi road, Lagos”

 

SERVICE OUT OF NIGERIA

The procedure for service out of Nigeria is stated under order 8 Lagos, order 11 rule 19 Abuja.

 Where a person is serving out of Nigeria and the country where you’re serving has no convention of Nigeria or reciprocal law of service, a leave of court must be obtained. On the other hand where the country has a convention or reciprocal law with Nigeria you wouldn’t need to obtain the leave of court. After obtaining the leave of court or where the leave of court is not needed, the process to be served will be taken to the registrar of court for it to be sealed for service out of Nigeria. Once the processis sealed the chief registrar shall then transmit the process to the solicitor general of the federation or permanent secretary of federal ministry of foreign affairs for onward transmission to the foreign country and it will be served by the mode recognised in that foreign country.

 

SUBSTITUTED SERVICE

Substituted service is applied for when personal service cannot be effected. This application can be made either before attempting or after attempting service. The process for application is motion ex-parte supported by affidavit and written address. See order 7 rule 5 Lagos, order 11 rule 5 Abuja. The affidavit should contain the date writ was issued, the attempts/efforts that have been made to serve, how the substituted service is to take effect.

 

Mode of substituted service

How do you affect substituted service? The Abuja rule states the various ways it can be effected and this is also applicable to Lagos. See Note that these modes can only used after the application has been properly made before the court and the court grants the order. You can’t use any of these modes before the order from the court is given. After serving the originating process the proof of service must be filed, this is the only way the court would know that you have served the party. To show proof of service, the document to be filed to the court is an affidavit of service stating in that affidavit the date, time, place and mode of service of court process on the defendant – this applies to the two jurisdiction. Order 7 rule 13(1) Lagos. And attaching acknowledgment of receipt.

 

Consequence of failure to serve originating process

1. One of the condition precedent for the court to exercise jurisdiction is service of originating process thus the court cannot exercise jurisdiction, MARK V EKE; NATIONAL BANK
2. Any judgement given in the matter can be set aside by the same court order 20 rule 12 Lagos

 

Setting aside a defective writ – this often comes out

A writ can be defective in different ways e.g. wrong endorsement, improper statement of parties, and in any case a defendant has the right to challenge the writ and apply for the writ to be set aside and struck out. A defendant who wants to set aside a defective writ is required to take any of the following 3 steps:

• He can file a conditional appearance and apply by motion on notice asking that service of the writ be set aside OMER BORTHERS LTD V KIBO NIGERIA LIMITED
• Without any form of appearance the defendant can apply by summons asking that the writ be set aside SKEN CONSULT NIG LTD
• Bring an application to challenge the jurisdiction of the court. AG EASTERN NIGERIA V AG FEDERATION

For a defendant to object to a defective writ he must do so within a reasonable time and before he takes any steps in the matter order 5 rule 2 Lagos , order 12 rule 7 Abuja ARIORI V ELEMO ; ADEGOKE MOTOS V ADESANYA 

 

Amendment of writ of summons

You must seek the leave of court, if the other party has been served it must be my motion on notice supported by affidavit

Where a writ of summons is amended the statement of claim must also be amended because the statement of claim will also supersedes the writ of summons. Thus where only the writ of summons is amended and the statement of claim isn’t amended as well the amendment will go to no issue because the statement of claim supersedes the writ of summons. ISESH

 

Entry of appearance

Appearance is entered by filing memorandum of appearance and this is always in FORM 11, this applies for both Abuja and Lagos. Order 9 rule 1 Lagos, order 12 rule 1 Abuja. In Lagos it must be within 42 days of the service of originating process in the defendants, and 8 days in Abuja.

In practice you don’t have to use form 11, and even in exam because it is quite tacky and long you have heading of the court, suit no, parties  and their capacity, title. “Please enter an appearance for ………. Sued as a defendant in this matter”, then go to dated this …….day of ……. 2018. The name of the defendant counsel entering the appearance for the defendants.. Their name address, signature.

 

Conditional appearance – this is used if the defendant wants to challenge something

Then memorandum of appearance is if the defendant doesn’t want to challenge anything. The rules provide a way of filing the memorandum of appearance.

Where a person is out of time in entering an appearance so in Lagos if 42 days has expired or in Abuja 8 days has passed.

Motion on notice supported by affidavit and written address for an extension in which to enter an appearance in the matter. Lagos provides that where a memo of appearance has been filed, it must be served on the claimant with 7 days.

Where appearance is not entered – so default of appearance. Where a defendant fails to enter appearance the claimant can go ahead to ask for default judgment order 10 Lagos, orderAbuja. Where what is sought is a declaratory relief or it’s a declaratory action if the other party doesn’t file appearance a default judgment cannot be given, the case must be proven on merit. See AGBAKOBA V DSS

 

Renewal of writ/ lifespan of writ

The life span of a writ in Lagos is different from that of the lifespan in Nigeria.  Order 6 rule 6(1) & 7 Lagos both provide that the lifespan of an originating process is 6 month renewable for a period of 3 months and another period of 3 months for a good reason. Whichever case a writ of summons in Lagos cannot be extended for more than one year. In Abuja the lifespan of a writ is 12 months renewable for a period 12 months and you can continue to renew it.

Lagos says that a writ must be renewed before expiration however the case of KOLAWALE V ALBERTO –says that writ can be renewed either before expiration or after expiration.

 

Procedure for renewal of summons

An application will be brought by motion ex-parte supported by affidavit and written address.

 

Effect of non-compliance to the rules of court

Abuja provides that non compliance with any proviso of the rules either at the time of commencing the action or at any stage of the proceedings will make the non-compliance to be an irregularity it will not nullify the proceeding order 2 Abuja.

However Lagos says that non-compliance with order 3 rule 2 and order 3 rule 8, that non-compliance will vitiate the proceedings i.e. the proceedings will be null and void. But for any other non-compliance, it will be a mere irregularity

 

FAST TRACK

The fast track procedure applies only to Lagos state and it is provided for under order 56 of the Lagos state high court rules. The main objective is to encourage speedy dispensation of justice in the sense that the fast track court was created to reduce the time spent on litigation to a period not exceeding 9 months from the date of commencement of the action till judgment is given on the matter. Some conditions must be fulfilled before a matter can be instituted at the fast track court.

For an action to come under fast track procedure the following must be met:

• The suit/ action must have been commenced by writ of summons and
• An application must be made to the registrar by a claimant or counter claimant that the matter be stated/fixed under the fast track procedure, and
• It can be any of the 3 options below

1. The claim or counter claim must be for liquated monetary claim in a sum not less than 100 million naira or
2. The claim involves a mortgage transaction, charge or other securities or

• The claimant is suing for a monetary claim and is not a Nigerian national and is not resident in Nigeria and he must have stated all these facts in the pleadings

 

Although fast track matters must be handled expeditiously and not exceed 9 months, however the cases on fast track are cases that go to trial. Where the matter is filed in the court and all the conditions above are fulfilled the deputy chief registrar or any other officer of the court empowered for such purpose will then cause the originating procedure to be marked and filed under fast track and will direct the claimant to pay the filing fees. After payment of filing fees the claimant is required to serve the originating process on the defendant within 14 days of filing. Where the defendant has been served, he is required to file all his statement of defence and frontloaded documents within 42 days of service. Where a claimant wants to reply to the statement of defence, he will file the reply within 7 days after the statement of defence has been filed on him. After close of pleadings - Pleadings will be deemed closed after filing of the last court process. Where the defendant has filed within 42 days and the claimant doesn’t want to file a reply, pleadings will be deemed closed. After the last document has been filed, the claimant has a duty to apply for case management conference notice in form 17 and 18 and he must do this within 7 days of close of pleadings.  Where he fails to apply for Case management notice the defendant can apply that the matter be dismissed or struck out. An important thing to note is that the case management conference will be held everyday and must be concluded within 30 days. In some special circumstances where the court deems fit or thinks its necessary to extend it, the court can extend it for 14 days or any such number of days as it deems fit.

Aftercase management conference, the case management conference judge will write a report the chief judge will then hand the matter to trial judge. The first appearance of the parties before the trialjudge, the judge will give a trial direction and trial time table which must be adhered with. Trial direction is to give the parties direction on how they file or make application within the course of the proceedings, while the trial time tableis slated down dates in which he is going to take trial, where a party fails to comply with these, the other party can a bring an application that the erring party be penalised or forced to comply with it. The court (trial) goes on day to day and the court will only consider adjournment for the shortest possible period and for a good cause. The law says that the period between trial and address by the parties must not be more than 90 days. Where the defendant’s gives evidence in the matter, the defendant will start his address first and he would have within 14 days after close of evidence to file his written address. The claimant after being served with the defendants written address then has 14 days to file his own written address. The defendant then has a right of reply and he must file his reply within 7 days of the claimants written address being filed.

Where the defendants fails to give evidence, the claimant files his address first and he must file it within 14 days from start of trial, then the defendant has 14 days to file his own written address after being served with the claimants written address, then the claimant has a right of reply. Whoever files their written address first has the right of reply. The court must give judgement within 60 days of completion of trial.