CIVIL LITIGATION

UNIT 3

PRELIMINARY CONSIDERATIONS BEFORE COMMENCEMENT OF ACTION IN THE HIGH COURT

Before initiating an action in the high court, several preliminary considerations must be evaluated to ensure that the case is properly filed and that the plaintiff's rights are adequately protected. These considerations include jurisdiction, locus standi, the cause of action, pre-action protocols, and limitation periods. These factors are crucial because failure to comply with them can lead to the dismissal of the case or other adverse consequences.

  1. Jurisdiction: Jurisdiction refers to the legal authority of a court to hear and decide a case. It is the foundation upon which any legal action is built. The high court's jurisdiction is governed by the constitution of the federal republic of Nigeria, 1999 (as amended), the high court laws of the various states, and other relevant statutes. They include the following;
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    1. Territorial jurisdiction: The high court has jurisdiction over matters arising within its territorial boundaries. For example, if the cause of action arose in Lagos state, the Lagos state high court would have territorial jurisdiction to hear the case. See the case of Izenkwe v. Nnadozie (1953) 14 WACA 361, where the court emphasized the importance of filing a suit in the appropriate jurisdiction.
    2. Subject matter jurisdiction: This refers to the types of cases a court can hear. The high court has jurisdiction over civil matters such as contracts, torts, land disputes, and constitutional matters. It is important to ensure that the subject matter falls within the court's jurisdiction. See the case of Madukolu v. Nkemdilim (1962) 2 SCNLR 341, where the supreme court laid down the principles for determining jurisdiction, emphasizing that the court must have jurisdiction over the subject matter, the parties, and the area where the cause of action arose.
    3. Jurisdiction as to the amount claimed: Some high courts have financial limits on the cases they can hear. For example, the federal high court's jurisdiction is limited in certain financial matters under the federal high court act.
  2. Locus standi: Locus standi refers to the legal capacity of a person to initiate a lawsuit. A plaintiff must demonstrate sufficient interest in the subject matter of the case to have the standing to sue. Without locus standi, the court will not entertain the action. See the case of Adesanya v. President of Nigeria (1981) 2 NCLR 358, where the supreme court held that the plaintiff must show that his civil rights and obligations have been or are in danger of being violated to have the standing to sue and the case of A.G. Anambra v. A.G. Federation (2005) 9 NWLR (Pt. 931) 572, where the court reiterated that only persons whose rights are directly affected by an action can bring a lawsuit.
  3. Cause of action: The cause of action is the set of facts or circumstances that gives rise to a legal right to sue. It is essential to determine whether the plaintiff has a valid cause of action before commencing a suit in the high court. See the case of Egbe v. Adefarasin (1987) 1 NWLR (Pt. 47) 1, where the supreme court held that a cause of action accrues when there is a breach of a duty owed to the plaintiff and emphasized that a valid cause of action must exist before a lawsuit can be initiated.
  4. Pre-action protocols: Pre-action protocols are procedural steps that must be taken before filing a lawsuit. These protocols are designed to encourage the settlement of disputes without the need for litigation and to ensure that parties are adequately prepared for the case. They include the following;
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    1. Demand letter: In many cases, the plaintiff is required to send a demand letter to the defendant outlining the grievance and the relief sought. This gives the defendant an opportunity to resolve the matter without recourse to litigation. Failure to issue a demand letter where required may result in the dismissal of the case.
    2. Pre-action notice: Certain statutes require that a pre-action notice be served on the defendant before commencing an action. See section 11 of the Nigerian national petroleum corporation act where a pre-action notice must be served on the corporation before a lawsuit can be initiated against it and see also the case of N.P.A. v. Construzioni Generali (1974) 1 All NLR (Pt. 2) 463 where the court held that the failure to serve a pre-action notice where required renders the suit incompetent.
    3. Settlement of dispute: Some statutes or court rules require that parties attempt to settle their dispute through alternative dispute resolution mechanisms before approaching the court. See the Lagos state high court civil procedure rules, 2019 which encourage parties to explore settlement options before commencing litigation.
  5. Limitation periods: Limitation periods refer to the time frame within which a legal action must be commenced. If a lawsuit is not filed within the prescribed limitation period, the plaintiff's right to sue is extinguished. They include the following;
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    1. General limitation: The limitation law of various states provides specific time frames within which different types of civil actions must be commenced. See the limitation law of Lagos state, where an action founded on contract must be commenced within six years from the date the cause of action accrued and the case of Eboigbe v. NNPC (1994) 5 NWLR (Pt. 347) 649 where the court held that the limitation period begins to run from the date the cause of action accrues.
    2. Exceptions to limitation periods: In certain circumstances, the limitation period may be extended or suspended. For instance, where the plaintiff is under a disability, such as infancy or unsoundness of mind, the limitation period may be extended.


CONCLUSION

Before commencing an action in the high court, it is crucial to consider these preliminary issues carefully. Failure to address them adequately can lead to the dismissal of the case, unnecessary delays, or other adverse outcomes. By ensuring compliance with jurisdictional requirements, establishing locus standi, identifying a valid cause of action, following pre-action protocols, and adhering to limitation periods, a plaintiff can lay a solid foundation for a successful lawsuit.