CIVIL LITIGATION

UNIT 1

  • OVERVIEW OF CIVIL LITIGATION
  • INTRODUCTORY MATTERS IN CIVIL LITIGATION

OVERVIEW OF CIVIL LITIGATION

Civil litigation refers to the legal process through which private parties seek to resolve disputes in court. It typically involves cases where one party (the plaintiff) files a lawsuit against another party (the defendant) for the enforcement or protection of a right, the redress or prevention of a wrong, or the enforcement of a contract. Civil litigation is distinct from criminal litigation, which involves the prosecution of individuals by the state for offenses against the public. In Nigeria, civil litigation is governed by various laws and rules, including the constitution of the federal republic of Nigeria 1999 (as amended), the civil procedure rules of various courts, and substantive laws such as the contract law, tort law, and land law. The courts with jurisdiction over civil matters include the supreme court, the court of appeal, the federal high court, state high courts, and customary courts, among others. The stages of civil litigation includes the following;

  1. Pre-trial stage: This stage includes pleadings, discovery, and preliminary motions.
  2. Trial stage: This stage involves the presentation of evidence and arguments before a judge.
  3. Post-trial stage: This stage includes judgment, enforcement of the judgment, and possible appeals.


INTRODUCTORY MATTERS IN CIVIL LITIGATION

  1. Jurisdiction: Jurisdiction is the legal authority of a court to hear and decide a case. In civil litigation, determining the appropriate jurisdiction is critical, as any proceedings commenced in a court without jurisdiction are null and void. Jurisdiction in Nigeria is determined by factors such as the subject matter of the case, the geographical location where the cause of action arose, and the monetary value of the claim. See the case of Madukolu v. Nkemdilim (1962) 2 SCNLR 341 which laid down the principles for determining the jurisdiction of a court, emphasizing that for a court to have jurisdiction, it must be properly constituted, the subject matter must fall within the court’s jurisdiction, and the case must be initiated by due process.
  2. Parties to a suit: In civil litigation, the parties to a suit are the individuals or entities who have the legal standing to bring a claim or against whom a claim is brought. They include the following:
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    1. Plaintiff/claimant: These are the parties who initiates the lawsuit.
    2. Defendant/respondent: These are the parties against whom the lawsuit is brought.
    3. Third parties: In some cases, additional parties may be joined to the suit, such as third-party defendants or interveners. See order 13 of the high court of Lagos state civil procedure rules 2019 which provides guidelines on the proper joinder of parties in a civil suit.
  3. Cause of action: A cause of action is the set of facts or legal basis that gives rise to a right to sue. It is essential for the plaintiff to clearly state the cause of action in the pleadings to avoid the risk of the case being struck out. A cause of action must be complete, meaning all facts necessary to establish the claim must be present. See the case of Savannah Bank of Nigeria Ltd v. Pan Atlantic Shipping & Transport Agencies Ltd (1987) 1 NWLR (Pt. 49) 212 where the supreme court held that a cause of action arises when the facts that give the plaintiff a right to relief are complete.
  4. Limitation of action: Limitation of action refers to the time frame within which a legal action must be commenced. In Nigeria, limitation periods vary depending on the type of claim. If an action is not brought within the prescribed time, the right to sue is usually extinguished. See the limitation act which provides the limitation periods for different causes of action. For example, actions in contract and tort typically have a limitation period of six years. See the case of A.G. Rivers State v. A.G. Bayelsa State (2012) 6 NWLR (Pt. 162) 450 which emphasized the importance of observing limitation periods in civil actions.
  5. Pre-action notice: In some cases, the law requires a plaintiff to give a pre-action notice to the defendant before filing a suit. This notice informs the defendant of the plaintiff's intention to sue and often specifies a time period within which the defendant can respond or remedy the situation to avoid litigation. See section 97 of the sheriffs and civil process act which mandates the issuance of pre-action notices to government agencies and parastatals in certain situations and the case of Mobil Producing Nigeria Unlimited v. Lagos State Environmental Protection Agency (2002) 18 NWLR (Pt. 798) 1 where the court held that failure to serve a pre-action notice where required renders the suit incompetent.
  6. Service of court processes: The service of court processes is a fundamental step in civil litigation. It involves delivering the necessary documents, such as the writ of summons, to the defendant to notify them of the legal action and provide an opportunity to respond. Proper service is crucial for ensuring that the court has jurisdiction over the defendant. See order 7 of the federal high court civil procedure rules 2019 which outlines the rules for service of court processes and the case of Skenconsult (Nig.) Ltd v. Ukey (1981) 1 SC 6 where the supreme court held that failure to serve court processes on the defendant deprives the court of jurisdiction to hear the case.
  7. Pleadings: Pleadings are the formal written statements of the parties' claims and defenses. They include the statement of claim, statement of defense, and reply (if necessary). Pleadings serve to define the issues for determination in the case. See order 15 of the high court of Lagos state civil procedure rules 2019 which outlines the rules for pleadings and the case of Oyewole v. Akande (2009) 15 NWLR (Pt. 1163) 119 where the court emphasized that pleadings must be clear and concise, setting out the material facts relied upon by the parties.
  8. Alternative dispute resolution (ADR): Before or during litigation, parties may explore alternative dispute resolution (ADR) mechanisms, such as mediation, arbitration, or negotiation, to resolve their dispute without going to trial. ADR is encouraged in civil litigation to reduce the burden on the courts and provide more amicable solutions. See the Lagos state multi-door courthouse law which provides for the use of ADR mechanisms within the legal system and the case of Union Bank of Nigeria Ltd v. B. Umeh & Sons Ltd (1994) 8 NWLR (Pt. 361) 150 where the court recognized the validity and enforceability of ADR agreements between parties.


CONCLUSION

These introductory matters form the foundation of civil litigation in Nigeria, ensuring that cases are properly constituted and that the legal process is fair and efficient. Understanding these principles is crucial for anyone involved in or studying civil litigation.