Introduction
If you have a dispute with another person, a company, an organization or even a government institution, you may eventually ask yourself: How do I take this matter to court?
You may have heard expressions such as filing a case, commencing an action, writ of summons, originating summons, claimant, defendant, applicant and respondent.
For someone who is not a lawyer, these terms can make the process sound more complicated than it really is.
So, how do you actually file a case in court in Nigeria?
The exact procedure depends on the type of dispute, the court involved and the applicable rules. However, the basic process can be explained in simple terms.
This article explains what you generally need to do if you want to take a legal dispute to court in Nigeria, what documents may be required, how the other party is notified, what happens after filing and whether you need a lawyer.
What Does It Mean to File a Case in Court?
Filing a case means formally asking a court to resolve a legal dispute or make a particular order.
For example, you may want to go to court because:
- someone owes you money;
- someone has breached a contract;
- you have a dispute over land or another property;
- someone has unlawfully entered your property;
- you want compensation for damage or injury;
- you want the court to stop someone from doing something;
- you want the court to order someone to do something;
- you want the court to declare your legal rights; or
- you want another remedy recognised by law.
It is important to understand that filing a case is only the beginning of the court process.
Filing a case does not mean that you have won. You still have to establish your case in accordance with the law and applicable court procedure.
Who Is a Claimant, Defendant, Applicant and Respondent?
If you are unfamiliar with legal terminology, these words can be confusing.
You can find simple explanations of common legal terms in our Legal Terminologies A-Z guide.
Who is a claimant?
A claimant is generally the person who brings a civil claim against another person or entity.
In some courts or types of proceedings, this person may instead be called the plaintiff.
Who is a defendant?
A defendant is generally the person against whom a civil claim is brought.
For example, if A takes B to court because B has failed to repay a debt, A may be the claimant while B is the defendant.
Who is an applicant?
An applicant is a person who asks the court to make a particular order.
The term is commonly used where proceedings are commenced by an application or where a party brings an application before the court.
For example, a person may apply to the court for an injunction or another specific order.
Who is a respondent?
A respondent is generally the person required to respond to an application or proceeding brought by an applicant.
Therefore, the names used for the parties depend on the type of proceeding.
You may be a claimant in one case and an applicant in another.
Step 1: Identify Your Legal Problem
Before filing a case, you need to clearly understand what has happened.
Ask yourself:
- What exactly happened?
- Who is responsible?
- What legal right has been affected?
- What evidence do I have?
- What do I want the court to do?
For example, if someone borrowed ₦5 million from you and refused to repay it, your issue may be recovery of the debt.
If a tenant refuses to vacate a property after the tenancy has properly ended, the issue may involve possession of the property.
If someone breaches a contract, you may want the court to award damages or order the person to perform a particular obligation.
The first step is therefore not simply “I want to sue.”
The first step is understanding what your legal claim actually is.
Step 2: Gather Your Documents and Evidence
Before commencing the case, gather the documents and other evidence relating to the dispute.
Depending on the type of case, these may include:
- contracts and agreements;
- receipts;
- invoices;
- bank statements;
- evidence of payment;
- letters;
- emails;
- WhatsApp messages;
- text messages;
- photographs;
- title documents;
- company documents;
- medical records;
- notices; and
- other relevant documents.
It is also useful to prepare a simple timeline of what happened.
For example:
1 January: We entered into an agreement.
15 January: I made a payment of ₦2 million.
30 January: The other party was supposed to perform their obligation.
10 February: The obligation was not performed.
A clear timeline can help you and your lawyer understand the dispute and identify important dates.
Step 3: Identify the Parties and Check Their Capacity to Sue or Be Sued
Before filing a case, you need to identify the person or entity who will bring the case and the person or entity against whom the case will be brought.
This may seem straightforward, but it can become more complicated where the proposed party is a company, an unincorporated association, a public institution, a minor or someone acting through a representative.
You should also consider whether the proposed parties have the capacity to sue or be sued and whether they have the necessary legal personality.
For example, a registered company is a legal person separate from its shareholders and directors. Therefore, where a dispute is with a company, the company itself may be the proper party rather than simply naming one of its directors or shareholders.
You can read more about this in our guides on Capacity to Sue and Be Sued and Legal Personality of Companies in Nigerian Law.
Getting the parties right at the beginning is important because suing the wrong person or entity can create unnecessary procedural problems and may affect the ability of the court to effectively determine the dispute.
Once you have identified the proper parties, you can then determine which court has jurisdiction to hear the case.
Step 4: Determine Which Court Should Hear the Case
You cannot simply choose any court you want.
The court must have jurisdiction to hear the particular dispute.
Different courts in Nigeria have different areas of jurisdiction.
Depending on the nature of the case, it may fall within the jurisdiction of a State High Court, Federal High Court, Magistrates’ Court, National Industrial Court, High Court of the Federal Capital Territory or another court established by law.
Magistrates’ Courts, for example, have limited jurisdiction, and the extent of that jurisdiction may vary depending on the State or jurisdiction involved. A claim that can be brought before a Magistrates’ Court in one State may not necessarily fall within the jurisdiction of a Magistrates’ Court in another State.
Similarly, certain matters are assigned by law to specialised courts. For example, employment and labour disputes generally fall within the jurisdiction of the National Industrial Court, while certain matters fall within the exclusive jurisdiction of the Federal High Court.
Jurisdiction is one of the most important issues to consider before commencing a case. If you want a more detailed explanation of cause of action, jurisdiction and interlocutory applications, see our guide on Litigation Procedure in Nigeria: Cause of Action, Interlocutory Applications and Jurisdiction.
The important point is that you should determine the court that has jurisdiction over your particular case before filing it.
Step 5: Determine Where the Case Should Be Filed
After determining the appropriate court, you may also need to determine the appropriate location or judicial division.
Depending on the case, relevant considerations may include:
- where the defendant lives;
- where the defendant carries on business;
- where the dispute occurred;
- where the property involved in the dispute is located; or
- where the relevant transaction took place.
The applicable law and rules of the particular court will determine where the case should properly be commenced.
This is another reason why it is important to obtain proper legal advice before filing a case where there is uncertainty about the appropriate court or location.
Step 6: Determine How the Case Should Be Commenced
There are different ways of starting legal proceedings in Nigeria.
Depending on the type of case and the applicable rules, proceedings may be commenced by processes such as:
- Writ of Summons;
- Originating Summons;
- Originating Motion;
- Petition; or
- another process prescribed by law.
You do not necessarily need to know which process to use yourself.
If you consult a lawyer, you explain what happened, provide the relevant documents and explain what you want. The lawyer can then determine the appropriate procedure for commencing the case.
This is important because not every case should be started in the same way.
Step 7: Prepare the Court Documents
Once the appropriate procedure has been determined, the necessary court documents will be prepared.
The documents required will depend on the type of case.
They may include:
- an originating process;
- statement of claim or other pleading;
- affidavit;
- exhibits;
- witness statements;
- list of witnesses;
- list of documents; and
- other documents required by the applicable rules.
These documents set out the case and tell the court and the other party what the dispute is about and what you are asking the court to do.
Once you know what documents are required, the next step is preparing them correctly. Our Sample Legal Drafting section provides examples of legal documents, including agreements, bail applications and subpoenas. These samples can help you understand the structure and language commonly used in legal drafting.
Step 8: State Clearly What You Want the Court to Do
One important part of preparing a case is identifying the reliefs you want from the court.
For example, you may ask the court for:
- payment of a particular sum of money;
- damages;
- an injunction;
- possession of property;
- specific performance of a contract;
- a declaration of your rights; or
- another remedy recognised by law.
You should not simply tell the court that someone has wronged you.
You need to identify the legal remedy you want the court to grant.
Step 9: File the Case at the Court Registry
After the necessary documents have been prepared, the case must be filed at the appropriate court registry.
The exact filing process varies from court to court. Some courts have electronic filing systems, while others may require physical filing at the registry. In some cases, both electronic and physical processes may be involved.
High Court of the Federal Capital Territory, Abuja
The FCT High Court’s 2025 Civil Procedure Rules expressly provided for electronic filing and established a framework for an E-Filing Unit. However, at the time of writing, the Court’s official website does not appear to provide a publicly accessible e-filing login or registration portal. Litigants should therefore check the official FCT High Court website or contact the Court for the current procedure before attempting to file electronically.
Federal High Court
The Federal High Court has introduced electronic court services, including its E-Affidavit and Electronic Court Management System. However, the availability and procedure for electronic filing of a particular case should be confirmed with the relevant judicial division before filing. You can access the Court’s official website and current electronic services through the Federal High Court of Nigeria website.
Nigeria Case Management System (NCMS)
The Nigeria Case Management System (NCMS) is a centralised electronic case management and e-filing platform used by courts that have been brought onto the system.
You can access the Nigeria Case Management System (NCMS) E-Filing Portal.
The fact that the NCMS exists does not mean that every court or every type of proceeding can automatically be commenced through the platform. You should first confirm that the particular court and proceeding are covered by the system.
National Industrial Court of Nigeria
The National Industrial Court of Nigeria (NICN) has its own electronic filing service. The court states that its e-filing system allows litigants, legal practitioners and parties to file court processes electronically.
You can access the National Industrial Court E-Filing Service.
This is particularly relevant to employment, labour, trade union and industrial relations matters, which fall within the jurisdiction of the National Industrial Court.
Lagos State Judiciary
The Lagos State Judiciary also operates an electronic filing system through its Judiciary Information System. The Judiciary states that its e-filing service allows cases to be filed online and provides electronic payment and other digital court services.
You can access the Lagos State Judiciary E-Filing Portal or create an e-filing account.
What About Other Courts in Nigeria?
Electronic filing is also being introduced or operated in other Nigerian courts and State Judiciaries. The availability of e-filing is therefore developing and may differ from one State, court or judicial division to another.
The safest approach is to check the official website of the particular court where you intend to file your case and confirm whether electronic filing is available for your particular proceeding.
Whether you file electronically or physically, you must still:
- file the correct originating process;
- provide the documents required by the applicable rules;
- use the correct details of the parties;
- comply with any applicable pre-action requirements;
- pay the prescribed filing fees; and
- comply with any other requirements of the particular court.
Do not assume that because a court has an e-filing platform, every type of case can automatically be commenced through it. Always confirm the current requirements before filing.
Step 10: Pay the Required Court Fees
You will generally have to pay the prescribed court filing fees.
There is no single fixed amount for filing every court case in Nigeria.
The amount may depend on:
- the court;
- the type of case;
- the documents being filed;
- the value of the claim, where applicable; and
- the applicable schedule of fees.
You should also remember that court fees are different from your lawyer’s professional fees.
There may be other expenses involved in the case, including the cost of serving court documents and obtaining necessary documents.
Step 11: Get Your Suit or Case Number
After the case has been properly filed, it will generally be assigned a case or suit number.
The number is used to identify the case in the court’s records.
Keep your filed documents and case number safely because you will need them when referring to the case.
Step 12: Serve the Other Party
Filing the case is not necessarily the end of the process.
The other party will generally have to be formally notified of the proceedings.
This is done through service of the court processes.
For example, if you sue somebody, that person will ordinarily need to receive the originating process so that they know a case has been brought against them and have an opportunity to respond.
The rules governing service vary depending on the court and the circumstances.
What If the Other Party Refuses to Accept the Court Papers?
A person cannot necessarily stop a case simply by refusing to accept court papers.
However, you should not assume that leaving the papers somewhere or sending them through an ordinary message automatically amounts to valid service.
Where personal service is not possible, the appropriate procedure may need to be followed, including applying to the court for an order for substituted service, where appropriate.
Step 13: The Other Party Responds
Once the other party has been properly served, they will generally have an opportunity to respond within the time allowed by the applicable rules.
Depending on the type of case, the response may be:
- a defence;
- an application;
- a counterclaim; or
- another appropriate court process.
The other party may also challenge the case on certain legal or procedural grounds where there is a proper basis for doing so.
Step 14: Attend Court
After the case has been commenced and the necessary processes served, the matter proceeds according to the applicable procedure.
Depending on the type of case, the court may deal with:
- preliminary applications;
- settlement;
- case management;
- witnesses;
- documentary evidence;
- cross-examination;
- final arguments; and
- judgment.
Not every case follows exactly the same path.
Some cases are settled before trial. Others proceed through a full hearing and eventually to judgment.
Once your case gets to court, you may need to understand how court proceedings are conducted and what is expected when addressing the court. Our Trial Procedures and Oral Submissions Library provides practical guides and sample oral submissions covering matters such as announcing appearance, moving and opposing applications, bail submissions, allocutus, plea bargains, consent judgments and other courtroom proceedings in Nigeria.
Can I File a Case Without a Lawyer?
In some circumstances, a person may represent themselves in court.
However, being allowed to represent yourself does not necessarily mean that doing so is advisable.
If you are considering representing yourself, our article Can You Represent Yourself in a Nigerian Court? Here’s What You Should Know explains what litigants in person should know before deciding to proceed without a lawyer.
Court procedure can become complicated, particularly where the case involves substantial money, land, business interests, complicated evidence or difficult legal questions.
A mistake in choosing the court, procedure, parties or reliefs can have serious consequences.
If you are considering commencing a case, it is generally advisable to obtain legal advice, particularly where the matter is important or complicated.
If you decide to engage a lawyer, it is also important to verify that the person is a genuine and practising legal practitioner. Our guide on How to Verify a Lawyer in Nigeria explains some of the ways you can verify a lawyer’s credentials.
Can I File a Case Online?
In some Nigerian courts, yes.
Some courts now provide electronic filing and other digital court services.
However, there is no single filing procedure that operates in exactly the same way across all courts in Nigeria.
If you want to file a case online, check the official website or registry of the particular court to determine whether electronic filing is available and what procedure applies.
How Much Does It Cost to File a Court Case?
There is no universal answer.
The cost depends on the particular case and court.
You may have to pay:
- court filing fees;
- fees for particular applications or documents;
- service expenses;
- costs of obtaining documents;
- professional legal fees; and
- other litigation expenses.
If you are using a lawyer, ask for a clear explanation of the professional fees and other expected expenses before commencing the case.
How Long Does It Take to File a Case?
The actual filing of a case may not necessarily take a long time once the documents have been properly prepared.
However, filing a case and concluding a case are two completely different things.
A case may take much longer to conclude because of:
- service of court processes;
- applications by the parties;
- availability of witnesses;
- adjournments;
- court scheduling;
- settlement negotiations;
- appeals; and
- other procedural matters.
Therefore, do not assume that because a case has been filed, it will be concluded within a few weeks or months.
Can I Sue a Company?
Yes.
A company can be sued where there is a proper legal basis for bringing the claim.
However, you should make sure that the company’s correct legal name is used in the court documents.
Where necessary, the company’s registration details should also be verified.
Can I Sue the Government?
It may be possible to bring legal proceedings against a government institution or public authority.
However, some claims involving government bodies are subject to specific laws and procedural requirements.
The identity of the appropriate government body, the nature of the claim and any applicable pre-action requirements should therefore be carefully considered before filing.
Can I Withdraw a Case After Filing It?
In some circumstances, a claimant or applicant may discontinue or withdraw proceedings.
However, withdrawing a case can have legal and cost consequences, and the procedure for doing so depends on the circumstances and the applicable rules.
It is therefore advisable to obtain legal advice before discontinuing a case.
Can a Case Be Settled After It Has Been Filed?
Yes.
Filing a case does not necessarily mean that the parties must continue until judgment.
The parties may reach a settlement during the proceedings.
Depending on the circumstances, the settlement may then be presented to the court in the appropriate manner.
What Happens If I Lose My Case?
If the court gives judgment against you, there may be legal options available depending on the circumstances.
One possibility may be an appeal to a higher court.
However, not every disagreement with a judgment automatically gives you grounds for a successful appeal.
If you lose a case and believe there are grounds to challenge the decision, you should obtain legal advice promptly because appeals are subject to specific procedures and time limits.
Common Mistakes to Avoid When Filing a Case
1. Filing in the wrong court
The court must have jurisdiction over the dispute.
2. Using the wrong procedure
Different types of cases may require different methods of commencement.
3. Suing the wrong person
The parties should be properly identified before the case is filed.
4. Ignoring limitation periods
Some claims must be commenced within a particular period prescribed by law.
5. Failing to properly serve the other party
Filing the case is not necessarily enough. Proper service is an important part of the process.
6. Asking for the wrong remedy
You should clearly identify what you want the court to order.
7. Assuming that filing means you have won
It does not.
Filing starts the proceedings. You still have to prove your case in accordance with the law and applicable procedure.
A Simple Summary: How to File a Case in Court
If you want to take a dispute to court in Nigeria, the process can generally be understood as follows:
1. Identify the problem.
Understand what happened and what legal remedy you are seeking.
2. Gather your documents.
Keep the contracts, receipts, messages, photographs and other evidence relating to the dispute.
3. Determine the appropriate parties and court.
Identify the person or entity who will bring the case and the person or entity against whom the case will be brought. Also, make sure the court has jurisdiction over the matter.
4. Determine where to file.
Identify the appropriate judicial division or location.
5. Determine how to commence the case.
The appropriate originating process depends on the type of case.
6. Prepare the necessary documents.
Prepare the originating process and any supporting documents required.
7. File the case.
Submit the documents at the appropriate registry or through an approved electronic filing system where available.
8. Pay the prescribed fees.
Pay the applicable court filing fees and other required charges.
9. Obtain the case number.
Keep the suit or case number safely.
10. Serve the other party.
Make sure the other party is properly notified of the proceedings.
11. Attend court when required.
Respond to developments in the case and attend hearings as directed by the court.
12. Follow the case through to its conclusion.
The matter may be settled, determined by judgment or continue through an appeal or other appropriate process.
Frequently Asked Questions
What is the first thing I should do if I want to sue someone?
Start by clearly identifying what happened, what legal right you believe has been affected and what you want the court to do. Gather the relevant documents and obtain legal advice where necessary.
What is the difference between a claimant and an applicant?
A claimant generally brings a civil claim against another party, while an applicant is a person who asks the court to make a particular order through an application or a proceeding in which the parties are designated as applicant and respondent.
Is the person I am taking to court always called the defendant?
No.
The name used depends on the type of proceeding. In an ordinary civil action, the person sued is commonly called the defendant. In proceedings brought by application, that person may be called the respondent.
Do I have to go to court personally to file a case?
Not necessarily.
Depending on the court and the type of proceeding, a lawyer may file the case on your behalf. Some courts also provide electronic filing facilities.
Can I file a case myself?
In some circumstances, yes. However, consider obtaining legal advice before doing so, particularly if the matter is complicated or important.
Is there a fixed fee for filing a case?
No.
Court fees vary depending on the court, type of proceeding, documents involved and other applicable factors.
Does filing a case mean that I have successfully sued the other party?
No.
Filing commences the proceedings. The other party generally needs to be properly served, and the case must then proceed according to the applicable rules.
Can I settle my case instead of going to trial?
Yes.
Parties may be able to settle a dispute even after court proceedings have commenced.
Conclusion
Filing a case in court in Nigeria does not simply mean walking into a courthouse and telling a judge what happened.
There is a formal process, but the basic idea is straightforward: identify your legal problem, determine the appropriate court and procedure, prepare and file the necessary documents, pay the required fees and ensure that the other party is properly notified of the proceedings.
The exact procedure depends on the particular court and type of case. The rules applicable to a case in the Federal High Court, for example, may not be the same as those applicable in a State High Court or another court.
Court procedures can also change, including the introduction of electronic filing and other digital services.
If you are considering taking someone to court, it is therefore important to check the current procedure applicable to the particular court and, where appropriate, speak to a qualified Nigerian lawyer before commencing the case.
Disclaimer
This article is provided for general informational and educational purposes only. It is not legal advice and should not be treated as a substitute for advice from a qualified legal practitioner. Court procedures, filing requirements, fees and applicable laws and rules may change and may differ between courts and jurisdictions in Nigeria. You should obtain professional legal advice based on the specific facts and circumstances of your case before commencing or defending any legal proceedings.
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