JOSEPH AYO BABALOLA UNIVERSITY
IKEJI – ARAKEJI, OSUN STATE
SECOND SEMESTER LAW 578
MOOT AND MOCK TRIAL II
Recommended Text Books
(i.) Civil Procedure In Nigeria by Fidelis Nwadialo.
(ii.) The Principles, Practice And Procedure of Civil Litigation In Nigeria by Adewale
Taiwo.
(iii.) Principles of Practice And Procedure In Civil Actions In The High Court of Nigeria
by T. Akinola Aguda.
PROCEEDINGS AT THE TRIAL OF A CIVIL CASE.
The word ‘ trial’ connotes the hearing of a case before the court be it civil or criminal,
but what we are concerned with here is the trial of civil matters. However, before
getting to the stage of trial in any civil case in the High Court in Nigeria today, a lot of
pre-trial protocols must have been complied with without which such cases would not
be ripe for hearing. These includes;
1. Pre-trial Conferences.
Under Order 17 Rule (2) of the Ondo State High Court (Civil Procedure) Rules
2019, pre-trial conferences are mandatory in all civil cases before the court as
follows: -
Upon application by a claimant under sub-rue 1 above, the court
shall cause to issue to the parties and their legal practitioners if any
a pre-trial conference notice as in Form 22 accompanied by a pre-
trial information sheet in Form 23 for the purposes set out
hereunder:
________________________________
Prof. O. J. Jejelola (Dean, College of Law)
1
, (a) disposal of matters which must or can be dealt with on
interlocutory application;
(b) giving such directions as to the future course of the action as
appear best adapted to secure its just, expeditious and
economical disposal;
(c) promoting amicable settlement of the case or adoption of
Alternative Dispute Resolution.
If the claimant does not make the application in accordance with
sub-rule 1 of this rule, the defendant may do so or apply for an order
to dismiss the action.
While Order 5 rule 2 (e) of the High Court of Lagos State (Civil Procedure) Rules
2019 stipulates that, pre-Action protocol Form 01 with necessary documents
shall be filed alongside with the Writ of Summons filed before the court. It is quite
interesting to note that the other necessary documents referred to therein
includes the following: -
(i.) Memorandum of claim.
(ii.) Relevant documents to be attached to the Memorandum of claim.
(iii.) Letter of demand/request written to the defendant.
(iv.) Acknowledgement of the letter of demand/requests by the defendant or
his/her Counsel.
(v.) Reminder letter.
(vi.) Acknowledgement of reminder letter.
(vii.) Affidavit of response or non-response by the defendant.
(viii.) Affidavit of intention to resort to litigation.
2. Preparation For Trial.
Here, it is assumed that all the necessary court’ s processes are already filed
before the court such as: -
(a) The statement of claim/statement of facts.
2
, (b) The statement of defence.
(c) The written statements on oath of all the witnesses in the case.
(d) The list of documents to be relied upon by all the parties in the case.
(e) The list of non-documentary exhibits to be tendered.
(f) The list of all the witnesses to be called by all the parties e.t.c.
The law to be applied by each of the parties will be brought to bear at the stage
of the address of the Counsel in the case.
3. Appearance(s).
Counsels to the parties are to appear personally before the court at the date
fixed for hearing. However, as long as a lawyer from the chambers of any of the
Counsel handling the case appears in court for the case, that satisfy the
appearance of Counsel in the case. The parties are also enjoined to appear in
court during the time of hearing. This may not be necessary in all cases as long
as the parties Counsel are in court. See – N. B. C. I v. M. G. T. CO. LTD (1992)2
NWLR [Pt. 221] P. 71.
It is trite law that when a case is called for hearing, if the claimant appears and
the defendant does not appear, the claimant may prove his claim, so far as the
burden of proof lies upon him.
On the other hand, when a case is called for hearing, if the defendant appears
and the claimant does not appear, the defendant, if he has no counter – claim
shall be entitled to judgment striking out the action, but if he has a counter –
claim, then he may prove such counter – claim, so far as the burden of proof lies
upon him.
4. Non – Attendance of Parties.
When a case has been called for hearing and neither party appears, the court
shall strike out the suit, unless it sees good reason not to so do. However, any
3
IKEJI – ARAKEJI, OSUN STATE
SECOND SEMESTER LAW 578
MOOT AND MOCK TRIAL II
Recommended Text Books
(i.) Civil Procedure In Nigeria by Fidelis Nwadialo.
(ii.) The Principles, Practice And Procedure of Civil Litigation In Nigeria by Adewale
Taiwo.
(iii.) Principles of Practice And Procedure In Civil Actions In The High Court of Nigeria
by T. Akinola Aguda.
PROCEEDINGS AT THE TRIAL OF A CIVIL CASE.
The word ‘ trial’ connotes the hearing of a case before the court be it civil or criminal,
but what we are concerned with here is the trial of civil matters. However, before
getting to the stage of trial in any civil case in the High Court in Nigeria today, a lot of
pre-trial protocols must have been complied with without which such cases would not
be ripe for hearing. These includes;
1. Pre-trial Conferences.
Under Order 17 Rule (2) of the Ondo State High Court (Civil Procedure) Rules
2019, pre-trial conferences are mandatory in all civil cases before the court as
follows: -
Upon application by a claimant under sub-rue 1 above, the court
shall cause to issue to the parties and their legal practitioners if any
a pre-trial conference notice as in Form 22 accompanied by a pre-
trial information sheet in Form 23 for the purposes set out
hereunder:
________________________________
Prof. O. J. Jejelola (Dean, College of Law)
1
, (a) disposal of matters which must or can be dealt with on
interlocutory application;
(b) giving such directions as to the future course of the action as
appear best adapted to secure its just, expeditious and
economical disposal;
(c) promoting amicable settlement of the case or adoption of
Alternative Dispute Resolution.
If the claimant does not make the application in accordance with
sub-rule 1 of this rule, the defendant may do so or apply for an order
to dismiss the action.
While Order 5 rule 2 (e) of the High Court of Lagos State (Civil Procedure) Rules
2019 stipulates that, pre-Action protocol Form 01 with necessary documents
shall be filed alongside with the Writ of Summons filed before the court. It is quite
interesting to note that the other necessary documents referred to therein
includes the following: -
(i.) Memorandum of claim.
(ii.) Relevant documents to be attached to the Memorandum of claim.
(iii.) Letter of demand/request written to the defendant.
(iv.) Acknowledgement of the letter of demand/requests by the defendant or
his/her Counsel.
(v.) Reminder letter.
(vi.) Acknowledgement of reminder letter.
(vii.) Affidavit of response or non-response by the defendant.
(viii.) Affidavit of intention to resort to litigation.
2. Preparation For Trial.
Here, it is assumed that all the necessary court’ s processes are already filed
before the court such as: -
(a) The statement of claim/statement of facts.
2
, (b) The statement of defence.
(c) The written statements on oath of all the witnesses in the case.
(d) The list of documents to be relied upon by all the parties in the case.
(e) The list of non-documentary exhibits to be tendered.
(f) The list of all the witnesses to be called by all the parties e.t.c.
The law to be applied by each of the parties will be brought to bear at the stage
of the address of the Counsel in the case.
3. Appearance(s).
Counsels to the parties are to appear personally before the court at the date
fixed for hearing. However, as long as a lawyer from the chambers of any of the
Counsel handling the case appears in court for the case, that satisfy the
appearance of Counsel in the case. The parties are also enjoined to appear in
court during the time of hearing. This may not be necessary in all cases as long
as the parties Counsel are in court. See – N. B. C. I v. M. G. T. CO. LTD (1992)2
NWLR [Pt. 221] P. 71.
It is trite law that when a case is called for hearing, if the claimant appears and
the defendant does not appear, the claimant may prove his claim, so far as the
burden of proof lies upon him.
On the other hand, when a case is called for hearing, if the defendant appears
and the claimant does not appear, the defendant, if he has no counter – claim
shall be entitled to judgment striking out the action, but if he has a counter –
claim, then he may prove such counter – claim, so far as the burden of proof lies
upon him.
4. Non – Attendance of Parties.
When a case has been called for hearing and neither party appears, the court
shall strike out the suit, unless it sees good reason not to so do. However, any
3
