preliminary issues

What is the first preliminary issue before commencing litigation?

Existence of a cause of action.

Applicable laws before commencing litigation?

Relevant statutory and case law.

Significance of ADR at preliminary stage?

Must consider availability and explore settlement.

What is jurisdiction?

Court
’s power to hear and determine matters.

What is limitation period?

Statutory period to commence action.

What is locus standi?

Legal right to sue; must show sufficient interest.

What is exhaustion of remedies?

Using all internal procedures before court.

What is a condition precedent?

Requirement to satisfy before instituting action.

Who enjoys constitutional immunity?

President, VP, Governors, Deputies.

What is a cause of action?

Material facts establishing right to sue.

Case defining cause of action?

AG Adamawa v AGF; Oshoboja v Amuda.

Effect of non-existent cause of action?

Action is incompetent.

What is serial litigation?

Piecemeal litigation barred by res judicata.

ADR advantages?

Cheaper, quicker, preserves relationships.

ADR screening rules?

Order 2 Rule 7 (FCT), Order 5 Rule 8 (Lagos).

Consequence of lack of jurisdiction?

Proceeding is a nullity (Madukolu).

Madukolu test?

Proper constitution, subject matter jurisdiction, due process.

Venue for land cases?

Where land is located.

Venue for contracts?

Place of performance or defendant
’s residence.

Venue for actions against public officers?

Where cause of action arose.

Consideration regarding parties?

Their capacity or disability.

Who must be parties?

All necessary parties.

Effect of limitation statutes?

Action becomes statute-barred.

Public officers
’ protection legislation?

POPA/POPL.

Restrictive locus standi approach?

Must show disclosed interest.

Liberal locus standi approach?

Sufficient interest (Fawehinmi).

Effect of failure to exhaust remedies?

Court declines jurisdiction.

Effect of failure to serve pre-action notice?

Procedural defect; can be waived.

Who enjoys diplomatic immunity?

Diplomats, families, staff.

What is litigation cost?

Filing, service, lawyer
’s fees.

Pre-action counselling difference?

Abuja: Form 6 (not oath); Lagos: Protocol 01 (on oath).

Territorial jurisdiction rules?

Order 1 Rules 1 & 2.

When commence by Claim?

Defendant resides in Lagos, cause arose in Lagos, assignment.

Assignment of debt?

Transfer of right to recover.

When commence by Originating Application?

Claimant resides in Lagos, subject matter in Lagos.

Monetary jurisdiction of Magistrate Court?

\le #10m.

Recovery of premises jurisdiction?

Annual rent \le #10m.

Rent jurisdiction uses?

Annual rent, not arrears.

Additional claims allowed?

Arrears, mesne profits.

Claimant exceeding #10m may?

Abandon excess.

Other Magistrate jurisdiction matters?

Guardianship, injunctions, appeals, taxes.

Magistrate enforcement powers?

Can enforce regulatory laws.

Modes of commencement?

Claim, Originating Application.

When use Claim?

Contentious facts.

Documents for Claim?

Claim form, particulars.

What must particulars contain?

Numbered facts constituting cause.

Who signs particulars?

Claimant or lawyer.

Required contact details?

Address, phone, email.

Seal requirement?

Lawyer must affix seal.

Types of summons?

Ordinary and Summary.

Ordinary summons used for?

Contentious matters.

Documents issued?

Summons + particulars.

Summary summons used for?

Simple debt/liquidated sums.

Summary summons not allowed against?

Infants, unsound minds.

Summary summons not allowed for moneylenders?

Correct.

Summary summons not allowed for mortgage recovery?

Correct.

Summary summons not allowed for service outside Lagos?

Correct.

Lifespan of summons?

3 months.

Service of originating process?

Personal service.

Partnership service?

On partner or business employee.

Corporation service?

Director/secretary.

Lunatic service?

Person in care.

Infant service?

Parent/guardian.

Requirement for substituted service?

Affidavit of inability.

Modes of substituted service?

Agent, courier, newspaper, affixing.

Leave for service outside Lagos?

Motion ex parte + affidavit.

Time for appearance when served outside Lagos?

Minimum 30 days.

Leave required when?

Personal service outside jurisdiction not possible.

Can companies be served by substituted service?

Generally no.

Time to respond to ordinary summons?

6 days.

Defendant repayment proposal?

Form 4A.

Claimant response to proposal?

Within 3 days.

If claimant refuses to give particulars?

Court may order, stay, strike out.

Time to file defence?

6 days.

Tender defence requirement?

Pay money into court.

Abandonment of claim allowed when?

Before trial.

Procedures for issuing summons?

Registrar filing, signing, issuing summons.

Rule governing claim filing?

Order 1 Rule 6.

Request letter function?

Notify magistrate for summary summons.

Time for claimant to apply for hearing?

Within 10 days.

Hearing notice service time?

3 days before hearing.

Are trials public?

Yes, unless ordered otherwise.

Claimant absence?

Strike out, costs, adjourn.

Defendant absence?

Court may enter judgment.

How is evidence taken?

Orally.

Can facts be admitted?

Yes.

Electronic evidence admissible?

Yes.

Who opens case?

Claimant.

Who sums up last?

Party who opened.

Can parties call unlimited witnesses?

Yes.

Are parties entitled to final address?

Yes.

Max length of oral address?

20 minutes.

Hearing notice purpose?

Notify of hearing date.

When is hearing notice needed?

When party was absent/adjournment/new assignment.

Consequence of claimant absence?

Strike out, costs, adjourn.

Consequence of defendant absence?

Judgment may be entered.

Order of trial?

Claimant evidence \rightarrow Defendant \rightarrow Addresses.

Who bears initial burden?

Claimant.

When does burden shift?

After prima facie case.

Electronic documents admissible?

Yes.