Category: Civil Litigation
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How to File a Case in Court in Nigeria: A Simple Step-by-Step Guide
How to file a case in court in Nigeria explained in simple terms. Learn the steps involved, the documents you may need, court fees, service of processes, and what happens after filing.
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Can You Ignore a Court Order Because You Have Appealed Against It? What Nigerian Law Says
Can you ignore a court order simply because you have appealed against it? Under Nigerian law, filing an appeal does not automatically stay the operation or execution of a judgment or court order. This article examines what recent decisions of the Nigerian courts say about the binding effect of subsisting court orders and the need…
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Are WhatsApp Chats and Emails Admissible as Evidence in Nigerian Courts?
Are WhatsApp chats admissible in Nigerian courts? This article examines electronic evidence under Section 84 of the Evidence Act, outlining requirements for admissibility, certification, and practical steps to ensure digital communications are properly tendered and relied upon in court proceedings.
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How to Write a Demand Letter for Debt Recovery in Nigeria
A demand letter is often the first step in recovering a debt in Nigeria. It formally notifies a debtor of the outstanding amount owed and gives them a specific deadline to pay before legal action is taken. A properly written demand letter can encourage settlement, create useful evidence, and sometimes resolve the dispute without the…
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Non-Service of Garnishee Order Nisi: Supreme Court Clarifies Burden of Proof in VITACHEM v. DSM SINOCHEM (2026)
The Supreme Court in VITACHEM (Nig) Ltd v DSM Sinochem Pharmaceuticals India Pvt Ltd (2026) clarified the consequences of alleging non-service of a garnishee order nisi. The Court emphasized that allegations of non-service must be supported by clear affidavit evidence and cannot be raised through counsel’s argument.
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The Illiterates Protection Act in Nigeria: Meaning, Requirements, and Key Court Decisions
Illiterates Protection Laws in Nigeria safeguard persons who cannot read or write from exploitation in written transactions. This article explains the statutory requirements, consequences of non-compliance, and key Nigerian court decisions interpreting the law.
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The Law on Arrest of Judgment in Nigerian Courts
Arrest of judgment is a concept largely associated with criminal procedure and is generally unknown to Nigerian civil proceedings. This article examines the position of Nigerian courts on attempts to prevent the delivery of a reserved judgment.
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Legal Principles on Court Visits to the Locus in Quo in Nigeria
A visit to the locus in quo allows a court to inspect the physical location or property in dispute in order to clarify evidence, particularly in land or property cases. Nigerian courts use this evidential tool to clarify conflicting testimony, understand the physical features of a disputed site, and properly evaluate the evidence before reaching…
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Capacity to Sue and Be Sued in Nigerian Law
Capacity to sue and be sued is a fundamental requirement in Nigerian law because it affects the jurisdiction of the court. This article explains who can institute or defend a lawsuit and the legal consequences where capacity is lacking.
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When a Defendant Fails to Defend a Case: Lessons for Civil and Criminal Litigation
When a defendant fails to defend a case, courts may enter judgment or still require strict proof. This article explains key principles, risks, and strategic lessons in civil and criminal litigation.
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Legal Consequences of Taking the Law into Your Own Hands
Resorting to self-help undermines the rule of law and attracts serious legal consequences. Nigerian courts consistently condemn unilateral actions during disputes, emphasizing that parties must seek redress through lawful processes rather than taking matters into their own hands.
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What Claimants Must Prove in a Breach of Contract Case in Nigeria
To succeed in a breach of contract case in Nigeria, a claimant must establish the essential facts and legal elements supporting the claim.
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Oaths Act 2004: What Section 13 Requires and How Courts Treat Defective Witness Statements on Oath
Section 13 of the Oaths Act 2004 has important implications for witness statements on oath and how Nigerian courts deal with defects affecting their validity.
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Trial De Novo in Nigerian Courts: Meaning, Principles, and Legal Implications
Trial de novo allows a case to be heard afresh in appropriate circumstances. This post explains its meaning, application and when Nigerian courts may order a fresh hearing.
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Guarantors Beware: The Legal Obligations of Guarantors and Sureties in Nigeria
Guaranteeing another person’s obligations can create significant legal responsibilities. This guide explains the obligations of guarantors and sureties in Nigeria and the consequences that may follow.
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Forum Shopping in Nigerian Jurisprudence: Meaning and Judicial Disapproval
Forum shopping involves pursuing the same dispute before different courts or forums in an attempt to obtain a favourable outcome. Nigerian courts have developed principles for addressing and preventing the practice.
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Debt Recovery Actions in Nigeria: What the Law Requires for Success
To succeed in a debt recovery action in Nigeria, a creditor must establish the essential facts and legal basis for the claim.
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How to Raise and Prove a Counter-Claim in Nigerian Courts
A defendant may pursue a counter-claim in Nigerian courts by properly pleading the claim and establishing the facts and legal basis supporting it.
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Serving Hearing Notices by SMS or Email: What Nigerian Courts Say
Nigerian courts have considered whether hearing notices may be validly served by SMS or email, reflecting the growing role of electronic service in court proceedings.
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Landlord-Tenant Disputes: Notice to Quit in Nigerian Jurisprudence
A valid notice to quit is an important step in landlord-tenant disputes, and Nigerian courts apply established legal principles in determining whether the notice and recovery process are proper.