Tag: Civil litigation
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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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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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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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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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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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What to Do When Served with Court Papers in Nigeria
Being served with court papers requires prompt attention and an understanding of the steps needed to protect your rights and respond within the applicable time limits.
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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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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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What to Expect from Your Lawyer in a Litigation Case in Nigeria
Engaging a lawyer for a litigation matter can be unfamiliar and sometimes confusing for many clients. From filing court processes to representing you during hearings, a lawyer performs several important duties throughout the course of a case. Knowing what to expect from your lawyer can help you better understand the progress of your case and…