UNIT 5

COMMENCEMENT OF ACTIONS IN THE MAGISTRATE COURT

The magistrate court is a lower court in Nigeria with limited jurisdiction, primarily handling minor civil and criminal matters. The procedures for commencing an action in the magistrate court are governed by various statutes, including the magistrates' courts law of the respective states, the magistrates' courts rules, and other relevant procedural laws. The process is generally simpler and faster than in higher courts, making it a preferred venue for small claims and less complex cases. Before commencing an action in the magistrate court, it is crucial to determine whether the court has jurisdiction over the matter. Jurisdiction in the magistrate court is determined by factors such as:

1. Monetary value of the claim: The magistrate court's jurisdiction is limited by the monetary value of the claim. The specific limit varies from state to state. For example, in Lagos state, the jurisdictional limit is typically ₦10,000,000 for civil cases. See the magistrates’ courts law of Lagos state 2009.
2. Geographical jurisdiction: The court must have jurisdiction over the area where the defendant resides or where the cause of action arose.
3. Subject matter jurisdiction: The court can only hear cases that fall within the scope of its jurisdiction, such as contractual disputes, torts, landlord and tenant matters, and recovery of premises.

PROCEDURE FOR COMMENCING AN ACTION

1. Filing a claim: The claimant begins by filing a claim or complaint, which must be in the prescribed form as provided by the magistrates' courts rules. The claim form should include the names of the parties, the nature of the claim, the relief sought, and any other relevant details. See rule 3 of the magistrates’ courts civil procedure rules which outlines the requirements for a claim form and the case of Okoye v. Ntah (2004) 15 NWLR (Pt. 897) 424 where the court emphasized the importance of following the prescribed format in the commencement of actions.
2. Service of process: After filing, the claim form must be served on the defendant. Service can be effected through personal service, substituted service, or any other method approved by the court. Service is a crucial step because it ensures that the defendant is properly notified of the action. See rule 6 of the magistrates’ courts civil procedure rules which governs the service of process and the case of Mobil Oil (Nig.) Ltd v. L.A.B. Benson (1995) 7 NWLR (Pt. 407) 254 where the court highlighted the necessity of proper service for the court to assume jurisdiction.
3. Entering appearance: Upon being served, the defendant must enter an appearance by filing a memorandum of appearance within a specified period, usually seven days. Failure to do so may result in a default judgment against the defendant. See rule 9 of the magistrates’ courts civil procedure rules which provides guidance on entering an appearance and the case of U.B.A. Plc v. Ekpo (2003) 12 NWLR (Pt. 834) 332 which demonstrates the implications of failing to enter an appearance within the prescribed time.
4. Pleadings: The parties may exchange pleadings, where the claimant files a statement of claim detailing the facts of the case, and the defendant files a statement of defense in response. Depending on the nature of the case, further pleadings such as a reply to the defense or a counterclaim may be filed. See rules 11 to 15 of the magistrates’ courts civil procedure rules which cover pleadings and the case of Ezekiel v. Akingbade (2004) 15 NWLR (Pt. 896) 605 where the court reiterated the importance of proper pleadings in establishing the issues for determination.
5. Pre-trial procedures: The court may conduct pre-trial conferences to streamline the issues and encourage settlement. Pre-trial motions, such as applications to strike out or amend pleadings, may also be heard at this stage. See rule 17 of the magistrates’ courts civil procedure rules which addresses pre-trial conferences and the case of Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt. 109) 250 which illustrates the role of pre-trial procedures in facilitating a fair and efficient trial.
6. Trial: If the case proceeds to trial, both parties present their evidence and call witnesses. The trial process in the magistrate court is generally less formal than in higher courts. After hearing the evidence, the magistrate delivers a judgment. See rules 25 to 35 of the magistrates’ courts civil procedure rules which govern trial procedures and the case of Igwe v. Kalu (2002) 14 NWLR (Pt. 787) 435 where the court highlighted the procedures involved in the trial process in the magistrate court.
7. Judgement and enforcement: The magistrate delivers a judgment at the conclusion of the trial. The judgment may include orders for payment of money, recovery of property, or other reliefs. The winning party can enforce the judgment through various methods, such as writs of execution or garnishee proceedings.See rules 36 to 40 of the magistrates’ courts civil procedure rules which cover judgment and enforcement and the case of Nigerian Bottling Co. Ltd v. Ezegbo (1989) 2 NWLR (Pt. 101) 192 which underscores the importance of enforcing judgments to give effect to the court’s decisions.

CONCLUSION

Commencing an action in the magistrate court involves several procedural steps, from filing the initial claim to enforcing a judgment. Each step is governed by specific rules designed to ensure fairness and efficiency in the judicial process. Understanding these procedures and adhering to the relevant rules and case law is crucial for litigants and legal practitioners to successfully navigate the magistrate court system.