CIVIL LITIGATION

UNIT 7

  • PRE-TRIAL ISSUES
  • PRE-TRIAL PROCEEDINGS

PRE-TRIAL ISSUES

  1. Pleadings and amendments: Pleadings are the formal documents filed by parties in a lawsuit stating their claims and defenses. The key pleadings include the statement of claim, statement of defense, and reply (if necessary). See the case of Adewumi v. A.G. Ekiti State (2002) 2 NWLR (Pt. 751) 474, where the supreme court emphasized the importance of pleadings in narrowing the issues for trial and the case of N.I.P.C. Ltd. v. Thompson Organization Ltd. (1969) NCLR 62, which stressed that facts not pleaded cannot be relied upon at trial.
  2. Pre-trial conferences: Pre-trial conferences are meetings held before a judge or magistrate to discuss the issues in the case, plan the trial, and explore possibilities for settlement. See order 25, rule 1 of the Lagos state high court civil procedure rules 2019 which mandates pre-trial conferences and order 3, rule 2 of the federal high court civil procedure rules 2019 which also provides for pre-trial procedures and see also the case of SPDC v. X.M. Federal Ltd. (2006) 16 NWLR (Pt. 1004) 189, where the court highlighted the significance of pre-trial conferences in managing cases effectively and also the case of A-G Anambra v. A-G Federation (2007) 12 NWLR (Pt. 1047) 4, emphasizing the importance of compliance with pre-trial orders.
  3. Discovery and inspection: Discovery is the process by which parties exchange information and documents relevant to the case. Inspection allows the parties to examine the documents or property in the possession of the other party. See order 24 of the federal high court civil procedure rules 2019 which deals with discovery and inspection and order 31, rules 1-6 of the Lagos state high court civil procedure rules 2019 which governs discovery procedures and also the case of Oshodi v. Eyifunmi (2000) 13 NWLR (Pt. 684) 298, which explained the purpose of discovery as ensuring that all relevant materials are available before trial and also the case of Ekanem v. Nigerian Army (2010) 12 NWLR (Pt. 1209) 327, where the court held that discovery and inspection are crucial to ensuring fairness in litigation.
  4. Interlocutory applications: Interlocutory applications are motions filed by parties seeking temporary reliefs or orders from the court pending the final determination of the case. These can include applications for injunctions, stay of proceedings, and summary judgments. See order 39 of the federal high court civil procedure rules 2019 which governs interlocutory applications and order 32 of the Lagos state high court civil procedure rules 2019 which addresses interlocutory matters and also the case of Kotoye v. CBN (1989) 1 NWLR (Pt. 98) 419, where the supreme court laid down principles guiding the grant of interlocutory injunctions and also the case of Obeya Memorial Hospital v. A-G Federation (1987) 3 NWLR (Pt. 60) 325, which discussed the conditions for the grant of stay of proceedings.


PRE-TRIAL PROCEEDINGS

  1. Pre-trial orders: Pre-trial orders are directives issued by the court during the pre-trial stage to streamline the trial process. These orders may include directives on the filing of witness statements, timelines for the completion of discovery, and the submission of written arguments. See order 25, rule 6 of the Lagos state high court civil procedure rules 2019 which empowers the court to issue pre-trial orders and the case of Okomu Oil Palm Co. Ltd. v. Iserhienrhien (2001) 6 NWLR (Pt. 710) 660, where the court emphasized compliance with pre-trial orders and also the case of Ajayi v. Total Nigeria Plc (2013) 15 NWLR (Pt. 1378) 423 which illustrates the consequences of non-compliance with pre-trial orders.
  2. Settlement and alternative dispute resolution (ADR): The court may encourage parties to explore settlement or alternative dispute resolution (ADR) mechanisms during the pre-trial stage. This is often done through mediation or conciliation. See section 24 of the Lagos state multi-door courthouse law 2007 which mandates the referral of certain cases to ADR mechanisms and order 25, rule 2 of the Lagos state high court civil procedure rules 2019 which allows the court to encourage settlement discussions and see also the case of S.P.D.C. v. X.M. Federal Ltd. (2006) 16 NWLR (Pt. 1004) 189, where the court emphasized the importance of ADR in the pre-trial process and the case of Nigerian Bottling Co. Ltd. v. Union Bank (2014) 15 NWLR (Pt. 1430) 326, which highlighted the benefits of settlement in civil litigation.
  3. Case management: Case management involves the oversight of the case's progress by the court to ensure that it is conducted in a fair, just, and expeditious manner. The court may issue directions on the conduct of the trial, including the order in which witnesses will be called and the time allocated for each stage of the trial. See order 25, rule 4 of the Lagos state high court civil procedure rules 2019 which allows for case management orders and the case of Mobil Oil (Nig.) Plc v. IAL 36 Inc. (2000) 6 NWLR (Pt. 659) 146, where the court emphasized the role of case management in avoiding delays in the litigation process and also the case of Amadi v. NNPC (2000) 10 NWLR (Pt. 674) 76, which highlighted the importance of adherence to case management directions.
  4. Striking out of frivolous claims: During pre-trial proceedings, the court may strike out claims or defenses that are deemed frivolous, vexatious, or an abuse of the court process. This is usually done through an application for summary judgment or dismissal. See order 15, rule 1 of the federal high court civil procedure rules 2019 which provides for striking out of frivolous claims and the case of Ajibona v. Kolawole (1996) 10 NWLR (Pt. 476) 22, where the court struck out a claim that was found to be frivolous and also the case of Ijebu-Ode Local Government v. Adedeji Balogun & Co. (1991) 1 NWLR (Pt. 166) 136, where the court emphasized that the purpose of striking out frivolous claims is to prevent the misuse of judicial time and resources.


CONCLUSION

Pre-trial issues and proceedings are foundational to the efficient and fair conduct of civil litigation. They ensure that the matters in dispute are clearly defined, that parties are adequately prepared for trial, and that unnecessary delays are avoided. Compliance with the rules governing these stages is critical for the successful resolution of disputes.