Civil Litigation in Nigeria: Practice Flashcards

Comprehensive flashcards covering civil litigation procedures, jurisdiction, parties, commencement of actions, interlocutory applications, evidence, judgment enforcement, appeals, and special proceedings in Nigeria.

Civil Litigation

Involves rules or procedures that regulate the conduct of civil proceedings in court.

Arbitration

A judgment of a third party called an Arbitrator who settles disputes by giving a binding decision called an arbitral award.

Recognition

The process of enforcement of an arbitration award.

Jurisdiction

The authority of a court to hear the matter before it, classified into subject matter, geographical, and monetary jurisdiction.

Condition Precedent

Requirements that must be fulfilled before an action is initiated, such as pre-action notices, POPA, or the Statute of Limitation.

Locus Standi

The right of a party to institute an action, determined by having sufficient interest in the matter.

Striking Out

The proper order made by a court when it successfully determines that it lacks or declines jurisdiction.

Legal Person

A natural person (human) or an artificial person (corporation) that has the capacity to sue and be sued.

Misnomer

An error in spelling or an addition to a correct name that does not mislead the parties or result in a miscarriage of justice.

Necessary Party

A party interested in the subject matter of the suit in whose absence the case cannot be decided with finality or effectively determined.

Nominal Party

A party only by virtue of the office they occupy, such as Attorneys-General or Speakers, sometimes described as a Statutory Party.

Third Party Proceedings

A procedure available to a defendant to bring in a third party who may bear eventual liability for contribution or indemnity.

Statute of Limitations

A law providing that an action must be instituted within a specific period after which the suit can no longer be brought.

Res Judicata

The principle that once a matter has been finally decided by a court of competent jurisdiction, it remains so and cannot be litigated again.

Writ of Summons

An order commanding the defendant to enter appearance to a suit, used where an action is likely to be contentious and facts are in dispute.

Originating Summons

A mode of commencement used for the determination of questions dependent on the construction or interpretation of documents where facts are not likely to be in dispute.

Frontloading

The process of filing the statement of claim and other supporting documents, such as witness statements and copies of exhibits, together with the writ of summons.

Concurrent Writ

A true copy of a writ taken out at the point of issuance of the main writ or after, bearing the same date and life span, often for service outside jurisdiction.

Interlocutory Application

An application made to the court while an action is pending for an order other than a final decision in the suit.

Motion Ex-parte

An application for a court order made without notice to the other party, used when time is of the essence or interest of the adverse party is not negatively affected.

Affidavit

A written statement of facts made by a deponent under oath, complying with section 115 of the Evidence Act.

Interim Injunction

A temporary court order granted ex-parte to preserve the subject matter (res) until a named date or the hearing of a motion on notice.

Anton Piller Injunction

An ex-parte order permitting an applicant to enter a respondent's premises to seize and preserve infringing goods, such as in copyright or trademark cases.

Mareva Injunction

An order restraining a defendant from removing assets from the jurisdiction to prevent rendering a potential judgment nugatory.

Interpleader

A proceeding where a person in possession of property claimed by two or more persons applies to the court to compel the claimants to litigate the owner's identity among themselves.

Summary Judgment

A special procedure for obtaining judgment without a full trial when there are no genuine disputes over material facts and the defendant lacks a defense.

Undefended List

A procedure in Abuja for claims involving a liquidated money demand or debt where the claimant believes the defendant has no defense.

Pleadings

Written statements of facts filed and served by parties in civil proceedings to define issues, provide notice to opponents, and determine the burden of proof.

Negative Pregnant Traverse

A denial in pleadings that is incomplete because it is only a partial denial, potentially admitting part of the allegation.

Counterclaim

An independent cross-action raised by a defendant against a claimant within the same suit.

Set-off

A monetary claim by a defendant against a claimant's monetary claim that acts as a shield to reduce the defendant's liability.

Case Management Conference

A formal pre-trial session presided over by a judge to settle issues, control discovery, and facilitate the speedy disposal of the action.

Interrogatories

A type of discovery involving the delivery of written questions to an adverse party to elicit facts necessary for the prosecution or defense of a case.

Burden of Proof

The obligation on a party to prove a fact or their case, divided into legal (which does not shift) and evidential (which may shift) burden.

Standard of Proof

The level of certainty required in civil cases, generally the preponderance of evidence or balance of probability.

Subpoena ad testificandum

A court order compelling a witness to be present in court to give oral evidence.

Subpoena duces tecum

A court order requiring a person to produce specified documents in court, though they do not necessarily become a witness.

Hostile Witness

A witness who becomes adverse to the party calling them, allowing that party to cross-examine and ask leading questions with the leave of the court.

Primary Evidence

The document itself, or documents executed in several parts or made by a uniform process, used to prove the contents of a writing.

Secondary Evidence

Includes certified true copies (CTC), copies made by mechanical processes, or oral accounts of a document.

Examination in Chief

The examination of a witness by the party who called them, primarily used to elicit evidence in support of that party's case.

Cross-examination

The examination of a witness by an adverse party to test credibility and elicit evidence favorable to the cross-examiner.

Final Address

The summing up by parties after the close of evidence to assist the court in arriving at a final judgment.

Functus Officio

A state where a court has exhausted its authority over a particular case after delivering final judgment.

Consequential Order

An order made to give effect to a judgment or that is incidental and necessary for the just determination of a case.

Writ of Fi Fa

A writ of fieri facias commanding the sheriff to seize and sell a judgment debtor's property to satisfy a monetary judgment debt.

Garnishee Proceedings

A method of enforcement where a judgment creditor attaches money belonging to a debtor that is in the custody of a third party.

Stay of Execution

A court order to prevent the enforcement of an executory judgment pending the determination of an appeal.

Trinity Application

A single application to the Court of Appeal for extension of time to seek leave, for leave to appeal, and for extension of time to file the appeal.

Notice to Quit

A statutory notice required to determine a periodic tenancy and sever the relationship of landlord and tenant.

Mesne Profit

Money paid for the use and occupation of premises by a tenant who holds over possession after the tenancy has been determined.

Election Petition

A special originating process by which an unsuccessful candidate challenges the return of a successful candidate in an election.

Decree Nisi

A provisional decree of dissolution of marriage that becomes absolute after a specified cooling-off period.

Discretion Statement

A confidential statement filed in matrimonial causes where a party seeking a decree discloses their own acts of adultery and asks the court to exercise its discretion.

Judicial Review

The process by which superior courts exercise supervisory jurisdiction to review the legality and manner of decisions reached by inferior bodies.

Certiorari

A prerogative order by which a higher court reviews and quashes the records or proceedings of an inferior court or quasi-judicial body.

Mandamus

A prerogative writ directed to a person or public body compelling the performance of a public duty.