CIVIL
LITIGATION
By:
Killi Nancwat
NIGERIAN LAW SCHOOL 2018/2019
(ENUGU CAMPUS)
, KILLI NANCWAT – CIVIL LITIGATION (NLSE – 2018/2019)
TABLE OF CONTENTS
1. (Week 3) – General Overview of Civil Litigation - - - - - 3
2. (Week 4) – Parties to a Civil Action - - - - - - - 29
3. (Week 5) – Preliminary Considerations before Commencing Civil Action - - 56
4. (Week 6) – Commencement of Action in High Court - - - - - 76
5. (Week 7) – Interlocutory Applications - - - - - - - 94
6. (Week 8) – Summary Judgment Procedure - - - - - 110
7. (Week 9) – Pleadings - - - - - - - - 123
8. (Week 10) – Pre-Trial Issues and Pre-Trial Proceedings - - - 142
9. (Week 11) – Trial: Trial Preparation and Evidence - - - - 162
10. (Week 12 & Week 13) – Trial: Examination of Witnesses - - - 176
11. (Week 14) – Closing Address and Judgment - - - - - 180
12. (Week 15) – Enforcement of Judgment And Applications Pending Appeal - 192
13. (Week 16) – Appeals - - - - - - - - 210
14. (Week 17) – Recovery of Possession of Premises - - - - 228
15. (Week 18) – Election Petition - - - - - - - 240
16. (Week 19) – Matrimonial Causes - - - - - - 259
17. (Week 20) – Enforcement of Fundamental Human Rights - - - 279
2
, KILLI NANCWAT – CIVIL LITIGATION (NLSE – 2018/2019)
(Week 3)
GENERAL OVERVIEW OF CIVIL LITIGATION
INTRODUCTION
Civil litigation involves rules or procedures that regulate the conduct of civil proceedings in
court. It lays the methods whereby such proceedings are commenced and the steps that are to
be taken. It also provides for the modes of enforcing the resultant judgment. Civil litigation as
a subject deals with the laws, rules, practice and procedure guiding and regulating the conduct
of civil actions and proceedings in court.
In consonance with the above concept, Section 6(6) (b) CFRN 1999 provides thus: “the judicial
powers vested in accordance with the foregoing provisions of this section shall extend to all
matters between persons, or between government or authority and to any person in Nigeria,
and to all actions and proceedings relating thereto, for the determination of any question as to
the civil rights and obligations of that person.
SCOPE OF CIVIL LITIGATION
The initiation of cases at first instance to conduct of appeals in civil matters are all within the
scope of civil litigation. A person proposing to commence an action will have to consider
amongst other things, the appropriate court to go, which raises questions such as the hierarchy
of courts and their corresponding jurisdiction. Civil litigation also covers issues such as the
appropriate party to sue, service of court process, modes of commencement of action;
pleadings; interlocutory applications; third party proceedings and inter pleader proceedings;
pre-trial issues; summary judgment procedure; trial, evidence and examination of witnesses;
closing address and judgment; enforcement of judgment and application pending appeal; and
appeals.
Civil litigation constitutes adjectival law in contradistinction to substantive law. The former is
the machinery by which the latter is applied in practice. While substantive law defines the legal
rights, duties and liabilities of parties to a suit, adjective law is concerned with the procedure
followed at the trial of the suit and the proof of facts to which the principles of substantive law
are applied in the determination of dispute between parties.
In addition to the general rules that ordinarily apply to most proceedings, there are special rules
governing certain specific type of civil proceedings. Thus, Matrimonial Cause Rules 1983
govern proceedings under the Matrimonial Causes Act 1970 and the Companies Winding Up
Rules apply in proceedings for winding up of companies under the Companies and Allied
Matters Act 1990.
SOURCES OF CIVIL LITIGATION
I. Constitution of the Federal Republic of Nigeria
The function of the constitution as it relates to it being a source of civil litigation can be divided
into the following:
1. Creation of Courts - Section 230, 237, 249, and 270 of the CFRN 1999 create the
Supreme Court, Court of Appeal, Federal High Court and State High Court respectively.
2. Power to the Courts - The following sections of the Constitution give power to the courts
in terms of jurisdiction: Section 232 and 233 (Supreme Court); Section 239-246 (Court of
Appeal); Section 251 (Federal High Court); and Section 272 (State High Court).
3. Authority to Make Rules - The Constitution prescribes the authority to make rules. For
instance, Section 236 of the CFRN confers power on the CJN to make rules regulating the
practice and procedure in the Supreme Court.
4. Rules on Civil Litigation - The constitution also has rule on civil litigation. For instance,
Section 36 of the CFRN on fair hearing and Section 233 of the CFRN on appeal to the
Supreme Court.
3
, KILLI NANCWAT – CIVIL LITIGATION (NLSE – 2018/2019)
5. Enabling Law for Some of the Procedural Rules of Court: The Fundamental Right
Enforcement Procedure Rules 2009 made by the CJN pursuant to Section 46 (3) of the
CFRN 1999; the Court of Appeal Rules 2011 made by the President of the Court pursuant
to Section 236 of the CFRN 1999 are procedural rules of court that are enabled by the
Constitution.
II. Statutes Creating Courts
Rules of court are also made pursuant to statutes creating the courts. For instance, Section 8
(2) of the Court of Appeal Act empowers the President of the Court to make rules for the Court.
Sometimes, such statutes contain provisions on practice and procedure in the court e.g. Section
7 of the Supreme Court Act provides for filing of notice of appeal in civil matter within 14
days of delivery of interlocutory judgment and 3 months of delivery of final decision; and
Section 5 and 56 of the High Court of Lagos State provides for transfer of cases to Magistrates
and from one Judge to another respectively. As between the statute creating courts and the
constitution, the constitution is superior.
III. Rules of Courts
A. Concept
In practice, every court has its own rules that guide practice and procedure of such court. In
this like, there is the Supreme Court Rules made pursuant to Section 236 of the CFRN 1999,
Court of Appeal Rules made pursuant to Section 248 of the CFRN 1999, Federal High Court
Rules, State High Court Rules, down to Sharia and Customary Court Rules. As between the
statute creating court and rules of court, the statute creating court is superior.
B. Objectives of Rules of Court
1. Uniformity and Stability of Practice and Procedure: rules of court help to maintain
uniformity in the practice and procedure of courts. In this way, the courts also ensure the
stability of their judicial decisions.
2. Ease and Effectiveness of Co-ordination: the fore-knowledge of the documents to file and
procedure to be adopted as specified in the rules will assist the parties, their counsel and the
courts to effectively co-ordinate their activities.
3. Speedy Trial and Disposal of Cases: rules of court assist the courts to dispose cases
speedily, because the things to be done and how they are to be done are clearly stipulated
and well known to both counsel and the court.
4. Rules Based Precedents: rules of court also create precedents of standard procedure, giving
guideline on what must be done, how it must be done, and the time frame for doing same in
the course of the proceedings. For example, precedent samples of most Civil Forms are
provided as Appendices to the Rules.
5. Consistency: rules of court stipulate what must be done in each situation, thereby ensuring
consistency of practice among co-ordinate courts in cases of similar circumstances.
C. Courts, Rules Applicable & Its Sources
Court Applicable Rules Source
1 Supreme Court Supreme Court Rules 1985 Section 236 CFRN
1999
2 Court of Appeal Court of Appeal Rules 2011 Section 248 CFRN
1999
3 Federal High Court Federal High Court Rules Section 254 CFRN
1999
4 National Industrial Court National Industrial Court Rules Section 22 NIC Act
5 High Court of the FCT High Court of the FCT (Civil Section 259 CFRN
Procedure) Rules 2018 1999
6 Sharia Court of Appeal of Sharia Court of Appeal Rules Section 264 CFRN
the FCT of the FCT 1999
4
LITIGATION
By:
Killi Nancwat
NIGERIAN LAW SCHOOL 2018/2019
(ENUGU CAMPUS)
, KILLI NANCWAT – CIVIL LITIGATION (NLSE – 2018/2019)
TABLE OF CONTENTS
1. (Week 3) – General Overview of Civil Litigation - - - - - 3
2. (Week 4) – Parties to a Civil Action - - - - - - - 29
3. (Week 5) – Preliminary Considerations before Commencing Civil Action - - 56
4. (Week 6) – Commencement of Action in High Court - - - - - 76
5. (Week 7) – Interlocutory Applications - - - - - - - 94
6. (Week 8) – Summary Judgment Procedure - - - - - 110
7. (Week 9) – Pleadings - - - - - - - - 123
8. (Week 10) – Pre-Trial Issues and Pre-Trial Proceedings - - - 142
9. (Week 11) – Trial: Trial Preparation and Evidence - - - - 162
10. (Week 12 & Week 13) – Trial: Examination of Witnesses - - - 176
11. (Week 14) – Closing Address and Judgment - - - - - 180
12. (Week 15) – Enforcement of Judgment And Applications Pending Appeal - 192
13. (Week 16) – Appeals - - - - - - - - 210
14. (Week 17) – Recovery of Possession of Premises - - - - 228
15. (Week 18) – Election Petition - - - - - - - 240
16. (Week 19) – Matrimonial Causes - - - - - - 259
17. (Week 20) – Enforcement of Fundamental Human Rights - - - 279
2
, KILLI NANCWAT – CIVIL LITIGATION (NLSE – 2018/2019)
(Week 3)
GENERAL OVERVIEW OF CIVIL LITIGATION
INTRODUCTION
Civil litigation involves rules or procedures that regulate the conduct of civil proceedings in
court. It lays the methods whereby such proceedings are commenced and the steps that are to
be taken. It also provides for the modes of enforcing the resultant judgment. Civil litigation as
a subject deals with the laws, rules, practice and procedure guiding and regulating the conduct
of civil actions and proceedings in court.
In consonance with the above concept, Section 6(6) (b) CFRN 1999 provides thus: “the judicial
powers vested in accordance with the foregoing provisions of this section shall extend to all
matters between persons, or between government or authority and to any person in Nigeria,
and to all actions and proceedings relating thereto, for the determination of any question as to
the civil rights and obligations of that person.
SCOPE OF CIVIL LITIGATION
The initiation of cases at first instance to conduct of appeals in civil matters are all within the
scope of civil litigation. A person proposing to commence an action will have to consider
amongst other things, the appropriate court to go, which raises questions such as the hierarchy
of courts and their corresponding jurisdiction. Civil litigation also covers issues such as the
appropriate party to sue, service of court process, modes of commencement of action;
pleadings; interlocutory applications; third party proceedings and inter pleader proceedings;
pre-trial issues; summary judgment procedure; trial, evidence and examination of witnesses;
closing address and judgment; enforcement of judgment and application pending appeal; and
appeals.
Civil litigation constitutes adjectival law in contradistinction to substantive law. The former is
the machinery by which the latter is applied in practice. While substantive law defines the legal
rights, duties and liabilities of parties to a suit, adjective law is concerned with the procedure
followed at the trial of the suit and the proof of facts to which the principles of substantive law
are applied in the determination of dispute between parties.
In addition to the general rules that ordinarily apply to most proceedings, there are special rules
governing certain specific type of civil proceedings. Thus, Matrimonial Cause Rules 1983
govern proceedings under the Matrimonial Causes Act 1970 and the Companies Winding Up
Rules apply in proceedings for winding up of companies under the Companies and Allied
Matters Act 1990.
SOURCES OF CIVIL LITIGATION
I. Constitution of the Federal Republic of Nigeria
The function of the constitution as it relates to it being a source of civil litigation can be divided
into the following:
1. Creation of Courts - Section 230, 237, 249, and 270 of the CFRN 1999 create the
Supreme Court, Court of Appeal, Federal High Court and State High Court respectively.
2. Power to the Courts - The following sections of the Constitution give power to the courts
in terms of jurisdiction: Section 232 and 233 (Supreme Court); Section 239-246 (Court of
Appeal); Section 251 (Federal High Court); and Section 272 (State High Court).
3. Authority to Make Rules - The Constitution prescribes the authority to make rules. For
instance, Section 236 of the CFRN confers power on the CJN to make rules regulating the
practice and procedure in the Supreme Court.
4. Rules on Civil Litigation - The constitution also has rule on civil litigation. For instance,
Section 36 of the CFRN on fair hearing and Section 233 of the CFRN on appeal to the
Supreme Court.
3
, KILLI NANCWAT – CIVIL LITIGATION (NLSE – 2018/2019)
5. Enabling Law for Some of the Procedural Rules of Court: The Fundamental Right
Enforcement Procedure Rules 2009 made by the CJN pursuant to Section 46 (3) of the
CFRN 1999; the Court of Appeal Rules 2011 made by the President of the Court pursuant
to Section 236 of the CFRN 1999 are procedural rules of court that are enabled by the
Constitution.
II. Statutes Creating Courts
Rules of court are also made pursuant to statutes creating the courts. For instance, Section 8
(2) of the Court of Appeal Act empowers the President of the Court to make rules for the Court.
Sometimes, such statutes contain provisions on practice and procedure in the court e.g. Section
7 of the Supreme Court Act provides for filing of notice of appeal in civil matter within 14
days of delivery of interlocutory judgment and 3 months of delivery of final decision; and
Section 5 and 56 of the High Court of Lagos State provides for transfer of cases to Magistrates
and from one Judge to another respectively. As between the statute creating courts and the
constitution, the constitution is superior.
III. Rules of Courts
A. Concept
In practice, every court has its own rules that guide practice and procedure of such court. In
this like, there is the Supreme Court Rules made pursuant to Section 236 of the CFRN 1999,
Court of Appeal Rules made pursuant to Section 248 of the CFRN 1999, Federal High Court
Rules, State High Court Rules, down to Sharia and Customary Court Rules. As between the
statute creating court and rules of court, the statute creating court is superior.
B. Objectives of Rules of Court
1. Uniformity and Stability of Practice and Procedure: rules of court help to maintain
uniformity in the practice and procedure of courts. In this way, the courts also ensure the
stability of their judicial decisions.
2. Ease and Effectiveness of Co-ordination: the fore-knowledge of the documents to file and
procedure to be adopted as specified in the rules will assist the parties, their counsel and the
courts to effectively co-ordinate their activities.
3. Speedy Trial and Disposal of Cases: rules of court assist the courts to dispose cases
speedily, because the things to be done and how they are to be done are clearly stipulated
and well known to both counsel and the court.
4. Rules Based Precedents: rules of court also create precedents of standard procedure, giving
guideline on what must be done, how it must be done, and the time frame for doing same in
the course of the proceedings. For example, precedent samples of most Civil Forms are
provided as Appendices to the Rules.
5. Consistency: rules of court stipulate what must be done in each situation, thereby ensuring
consistency of practice among co-ordinate courts in cases of similar circumstances.
C. Courts, Rules Applicable & Its Sources
Court Applicable Rules Source
1 Supreme Court Supreme Court Rules 1985 Section 236 CFRN
1999
2 Court of Appeal Court of Appeal Rules 2011 Section 248 CFRN
1999
3 Federal High Court Federal High Court Rules Section 254 CFRN
1999
4 National Industrial Court National Industrial Court Rules Section 22 NIC Act
5 High Court of the FCT High Court of the FCT (Civil Section 259 CFRN
Procedure) Rules 2018 1999
6 Sharia Court of Appeal of Sharia Court of Appeal Rules Section 264 CFRN
the FCT of the FCT 1999
4
