Tag: Civil Procedure
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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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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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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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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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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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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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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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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 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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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.