Category: Civil Litigation
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Legal Principles Governing Tenancy, Recovery of Premises, and Self-Help in Nigeria
Landlord-tenant disputes in Nigeria are governed by legal rules on tenancy, recovery of premises and the prohibition of self-help in resolving disputes.
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Litigation Procedure in Nigeria: Cause of Action, Interlocutory Applications, and Jurisdiction
Nigerian litigation involves important procedural issues, including establishing a cause of action, navigating interlocutory applications and determining whether a court has jurisdiction.
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Statute of Limitation in Nigeria: Meaning, Effect, Recognized Exceptions and Common Time Limits for Filing Cases
Statutes of limitation set time limits for bringing legal claims in Nigeria, subject to recognised exceptions that may affect when a claim can still be pursued.
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When Public Officers Lose Their Legal Shield: Limits of the Public Officers Protection Act in Nigeria
The Public Officers Protection Act provides statutory protection for public officers, but that protection is subject to important limits and may not apply in every circumstance.
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When Silence Costs Everything: Court Affirms Judgment Against Defendants Who Failed to Defend Land Dispute
Failing to properly defend a land dispute can have serious consequences, including the possibility of judgment being entered where a claim is not effectively contested.
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Garnishee Proceedings in Nigeria: How to Enforce a Money Judgment
Garnishee proceedings provide a legal means for enforcing a money judgment against funds belonging to a judgment debtor that are held by a third party.
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Fast-Track Justice in Nigeria: Summary Judgment vs. Undefended List Procedure
Summary judgment and the undefended list procedure offer faster routes for resolving suitable civil claims where the circumstances justify dispensing with a full trial.
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When Can a Judgment Be Set Aside in Nigeria?
Nigerian courts may set aside a judgment in appropriate circumstances, subject to established legal principles and the particular facts of each case.
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‘Allegedly’ as a Defence to Defamatory Statements: Does It Really Protect You?
Describing a defamatory statement as “alleged” or “allegedly” does not necessarily prevent liability for defamation under Nigerian law.
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The Propriety or Otherwise of Granting Solicitor’s Fees by Nigerian Courts
The recovery of solicitor’s fees in Nigerian courts has evolved, with recent decisions recognising such claims where they are properly pleaded, justified and supported by evidence.
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Understanding Virtual Hearings in Nigeria: A Modern Approach to Justice
Virtual hearings are changing how court proceedings are conducted in Nigeria, using technology to improve access to justice and the administration of cases.
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When Can a Notice of Appeal Be Amended in Nigeria?
Nigerian appellate courts may permit a notice of appeal to be amended, even at an advanced stage of proceedings, where the amendment serves the interests of justice and does not cause undue prejudice.
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Breaking Down Service of Notices of Appeal
Proper service of a notice of appeal is important in Nigerian appellate practice, but where the respondent has received and is aware of the notice, an objection based solely on the manner of service may not succeed.
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When to Draw the Line: Courts and Preliminary Objections in Nigerian Law
Preliminary objections are intended to address threshold issues and should not be used to determine substantive matters before those issues are properly heard.
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Can a Bank Account Be Frozen Without a Court Order in Nigeria?
Freezing a bank account without lawful authority can raise serious questions about due process, property rights and the remedies available to affected account holders in Nigeria.
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Understanding Counter-Claims in Nigerian Law
Counter-claims allow defendants to pursue claims against plaintiffs within existing proceedings. This guide examines their nature as cross-actions and whether a defendant may use a counter-claim against a co-defendant in Nigerian courts.
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Embedding Counterclaims in Counter Affidavits
Originating summons proceedings rely heavily on affidavit evidence. This article examines whether a respondent may incorporate a counterclaim in a counter-affidavit and the guidance provided by the Court of Appeal in Ituen v. Speaker, Akwa Ibom State House of Assembly & Ors.
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Freedom of Expression, Public Commentary and Defamation in Nigeria.
Freedom of expression and the protection of reputation can come into conflict when public commentary, criticism or online discussions concern identifiable individuals. Nigerian defamation law considers the words used, their context, the meaning conveyed and the circumstances of publication when determining whether a statement may give rise to legal liability.
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Understanding the Declaration of Title to Land in Nigeria
A practical guide to the five recognised methods of proving title to land in Nigeria, including traditional history, documents of title, acts of ownership, long possession and ownership of connected land.
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Wrongful Bank Transfer Reversal in Nigeria: Your Rights and What to Do
Has your bank reversed a transfer from your account without proper explanation? Learn the steps to take, how to complain to your bank, when to escalate the matter, and the legal remedies that may be available in Nigeria.