INTERROGATIONS         AND   FURTHER    AND   BETTER PARTICULARS

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Summons for direction
• Proceedings at the Trial
• Judgment

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

INTRODUCTION

These are questions, which one party may by notice or application file in court, require the other party to answer on oath. The answer may then be read at the trial. Whether a particular question may or may not be asked is a matter to be decided by the judge. Request for particulars or for further and better particulars are designed to make clear an opponent’s allegations, which if he fails to prove, he will as a general rule lose his case. Discovery, further and better particulars and interrogatories are concerned with evidence and where the person in custody of required information fails to produce it, then other methods may be used to proof such fact.

OBJECTIVES

In this Unit you should be know the following:

• Means of interrogatory;
• Summons for Direction;
• Trial of a case

MAIN CONTENT

Summons for Directions:

After the close of pleadings, the plaintiff usually files a summons for direction, returnable in not less than 14 days. A summons for direction is really in application to court to set down the case for trial, that is, a date for the hearing of the matter.

On the other hand, a plaintiff may take out within seven days from the time the pleadings are deemed to be closed a summons under rule 1 of Order 26 of the High Court (Civil Procedure) Rules of Lagos State for the purpose of giving the court or a judge in Chamber the chance of considering the preparations for the trial of the action. The court or judge in Chambers may thus deal as far as possible with interlocutory applications and he may give such directions with respect to the course of the action as seems best adapted to secure the just, expeditious and economical disposal of the action. This summons is therefore known as summons for directions. Thus, the filing of summons for direction in court is to make parties prepare for trial of the action, so that all appropriate pre-trial matters, which are outstanding, can be expeditiously dealt with and allow for a date for trial to be fixed.

Proceedings at the Trial:

On the date fixed for trial, the parties and their witnesses usually assemble in court for the trial. They come to court with the documents or other things required as exhibits. Where a witness refuses to appear in court, a subpoena may be issued on him to attend court. A subpoena is a summons to appear in court and give evidence, that is, testify and or tender an exhibit, such as a document in evidence, on the condition that reasonable expenses will be paid to him, by the party calling him as a witness. Witness, who ignore a subpoena are in contempt of court and may be punished for such contempt, by a fine or imprisonment.

Absence of Parties:

Where a cause on the Weekly Cause List is called and neither of the parties (i.e. the Plaintiff and the defendant) appears, the action or the cause must be struck out by the court unless it sees good reasons to the contrary. It may be adjourned, otherwise, if a letter is sent to the court asking for adjournment. If the plaintiff appears and the defendant does not appear, the plaintiff may prove his claim so far as the burden lies upon him. Where the defendant appears and the plaintiff does not appear, the defendant is entitled to judgment dismissing the action if he has no counterclaim but if he has, he may prove it so far as the burden of proof lies upon him. However, any judgment obtained where one party does not appear at the trial may be set aside by the court on the application of the party absent, on such terms as may seem fit.

Judgment

After the closing speeches or addresses of counsel, the judge sums up, that is, he considers or evaluates the evidence given in the case and then gives judgment on the same day. Where a judge requires more time to consider the case, he may reserve judgment and adjourn the matter for judgment at such later date. On the judgment date, the judge then gives verdict stating the facts and legal issues in the case, explain the appropriate burden and standard of proof and states the basis of the judgment, and enters judgment in favour of the appropriate party and also makes such Orders as are relevant in the case.

Where the plaintiff proves his case, judgment will be given in his favour. However, where he fails to prove his case, judgment will not be entered in his favour and the defendant will escape liability. In civil cases, the burden of proof on a plaintiff is proof on a balance of probabilities or proof on a preponderance of evidence.

SELF-ASSESSMENT EXERCISE

Explain Means of interrogatory and Summons for Direction.

CONCLUSION

In this Unit, we have discussed the introduction which starts with the interrogations and further and better particulars. Coming to the Main Content, we have also discussed the summons for directions, proceedings at the trial, and the judgment. Thus, we shall be discussing enforcement of judgment in the next Unit.

  SUMMARY

Trial of a case is usually in open courts and take place only when the plaintiff opens his case and states the facts on which he relies, in line with his pleadings, or statement of claim. The plaintiff’s witnesses, if any are examined in chief, cross-examined and re- examined, where necessary. Documents and answer to interrogatories are presented by the plaintiff and or witnesses and tendered as exhibits and the plaintiff’s case closed. The defendant at the close of the plaintiff’s case may submit that there is NO case to answer, stating his reasons. Closing addresses by the plaintiff and defendant’s counsels end their case while judgment is awaited.

TUTOR MARKED ASSIGNMENT

• What do you understand by summons for direction?
• Where a witness refuses to appear in court, a subpoena is issued on him to attend court. What is subpoena in relation to proceedings at the Trial?

  REFERENCES/FURTHER READING

Akintunde Obilade, O. (1990) – The Nigerian Legal System, Owerri, Spectrum Law Publishing.

Ese Melami, (1999) – Outline of Nigerian Legal System, Lagos, Grace Publishers Inc.

Kiralfy, A. K. R., (1960) – The English Legal System, London, Sweet and Maxwell

Nweke, S. A. N., (2002) – Principles of Crime Prevention and Detection in Nigeria, Enugu, Ebenezer Productions.