How do I file a lawsuit in Nigeria?
Asked by: Aubree Mertz | Last update: December 10, 2023Score: 4.9/5 (25 votes)
The first step in suing someone is to bring a case against them in court. An action is typically filed with a court using court procedures such a writ of summons or originating summons, along with any required paperwork. The jurisdiction is a crucial consideration when suing someone in Nigeria.
How much does it cost to file a case in Nigeria?
In Lagos State, litigation at the magistrate court and other lower courts may cost between N50,000 and N500,000 which may end within a year, while at the High Court with coordinate courts, such as National Industrial Court, military tribunals, tax tribunals and others, litigants may pay between N500,000 and N5m.
Who can sue and be sued in Nigeria?
Capacity: To sue a person in Nigeria, the Claimant and Defendant must be legally capable to sue and being sued, respectively. In Nigeria, only legal persons (Natural or Non-natural) can sue and be sued.
How do I file a lawsuit against a company in Nigeria?
The complaining party filing processes in court through a lawyer institutes an action. The processes may include a statement of claim, a list of witnesses to be relied on, witness statements on oath, and documents to be relied on during the trial of the case.
What is the process of civil case in Nigeria?
A civil action is to be initiated through a writ if summons, petition, application or originating summons. Criminal matters, in the other hand, come before the court mainly by way of charge or information. Issues of bail arise only in criminal cases, and parties need not be personally present in civil proceedings.
Initiating a lawsuit: Filing under the Nigeria Law and Practice
How long does a court case take in Nigeria?
trial takes place within one to 12 months after the CMC, depending on the number of witnesses, the length of the documents to be tendered and the schedule of the court; at the conclusion of the trial, the court must give its judgment within a maximum of 90 days; and.
What are the 4 stages of a civil case?
Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time.
Can I get a free lawyer in Nigeria?
Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to fair trial.In Nigeria, legal aid is available to provide free legal services to indigent citizens.
Is defamation of character a crime in Nigeria?
Under Nigerian Law, defamation (libel in particular) is a tort actionable per se which means that the publication of a defamation communication is presumed by its very existence to have caused damage to an affected party. Can dead people legally sue for defamation under Nigerian Law? Yes they can.
How do I report a company in Nigeria?
- Customer Complaints Unit, NERC.
- Email: complaints@nerc.gov.ng.
- Tel: 09 462 1414 & 09 462 1424.
Can an unknown person be sued in Nigeria?
Generally, this means that no case can be brought against “Persons Unknown”. “Persons Unknown are not natural or corporate beings, they are non-existing persons.
Who is a necessary party to a suit in Nigeria?
Who is a Necessary party? A necessary party is one who should be bound by the result and the question to be settled. Therefore, there must be a question in the action which cannot be effectually and completely settled unless he is a party. Thus, the only parties that must be present ina matter are necessary parties.
What happens if a defendant does not appear in court in Nigeria?
If you do not respond within the stated period, the claimant/plaintiff may apply to the court to get a default judgment against you. A default judgment is a judgment entered by the court in the absence of a defence by the defendant.
How much does a lawyer charge for a case in Nigeria?
A professional fee is based on each matter, for example, if you are doing divorce, your professional fee is about N1 million or N1. 5 million if you are doing criminal cases. “For matters that have to do with the title, we charge 5 per cent of the value of the property.
What is the percentage of legal fees in Nigeria?
THE PERCENTAGE FEE
It is generally calculated by deducting 10% of the total consideration of the monetary value involved in the transaction. A charge of 10% need not be static; it may be lesser especially where the work done is lower and the transaction's price or consideration is very high.
How do I get a court order in Nigeria?
Instituting a court action is a means of enforcing one's right against a wrong action done to a party and it is the first time for obtaining a court order; it involves filing the process in court and paying the requisite fees at the registry of the court, which will entitle the case file to be assigned to a judge.
How do you prove slander in Nigeria?
- Defamatory, not to few members of the public, but to the general public;
- Directed at him (the plaintiff) and;
- Published to a third party.
What is the penalty for defamation in Nigeria?
Section 375 of the Criminal Code Act states that “any person who publishes any defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year.” It also adds that “any person who publishes any defamatory matter knowing it to be false is liable to imprisonment for two years.”
What are some examples of defamation?
What is defamation? Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. An example is “Tom Smith stole money from his employer.” If this is untrue and if making the statement damages Tom's reputation or ability to work, it is defamation.
Can a lawyer in Nigeria practice in Canada?
As an internationally-qualified lawyer, you must become a member of a law society in Canada before you can practice law in a province or territory. However, to do this, you first need to earn a Certificate of Qualification issued by the National Committee on Accreditation (NCA).
Can I defend myself in court without a lawyer in Nigeria?
A person with a cause of action can represent himself in any action brought by them and can also defend himself in person before any court.
Who is the most expensive lawyer in Nigeria?
Jubril Adewale Tinubu is currently the highest earning lawyer in Nigeria. Jubril Adewale Tinubu's net worth and total assets are believed to be approximately $300 million. He began his professional career in 1992 as a corporate and petroleum law expert, as well as a lawyer.
What are the 5 steps to initiate a lawsuit?
- Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ...
- Step 2: Answer Complaint. ...
- Step 3: Discovery. ...
- Step 4: Failing to Respond to Discovery. ...
- Step 5: Conclusion of Lawsuit.
What is the standard of proof in a civil case?
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
What percentage of cases end up reaching a settlement?
It's true, more than 94% of criminal cases are resolved through a plea bargain rather than going to trial. Would you believe that the statistics for civil cases are similar? Estimates vary, but somewhere between about 95% of civil cases reach settlements at some stage.