How do I sue someone to court in Nigeria?

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.

What is proof of defamation in Nigeria?

– A communication which is at face value, defamatory (damaging & untrue) must have been made. – The defamatory communication must have specifically referred to the party alleging defamation. – The defamatory communication must have been published to a 3rd party.

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.

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.

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.

How much is court affidavit in Nigeria?

It would cost you about NGN 500 to get your affidavit sworn before a Magistrate Court or before an Area Court in Nigeria. It could cost you about NGN 1,000 at the High Courts of the state. The cost may be slightly higher at the Federal High Court.

What is a small claims court in Nigeria?

It is a Special Court where you can sue for N5, 000,000 (Five million Naira) or less. You cannot sue for rent or possession, or for pain or suffering or to enforce a promise in a Small Claims Court.

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.

Can I sue my husband for cheating in Nigeria?

Section 31 of the Matrimonial Causes Act further provides that a party to a marriage can claim damages for adultery if such an act is not condoned and was not perpetrated for up to three years before such a claim is made. Damages for adultery are compensatory.

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.

Can a criminal case be settled out of court in Nigeria?

In present day Nigeria and in most parts of the world, almost every dispute can be settled out of court, apart from criminal charges and cases. Since criminal offences and punishment for offenders are created by law, it is illegal for an offender to be denied his due reward (punishment).

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.

What is the procedure for a no case submission in Nigeria?

A no case submission is made by the defense after the prosecution has presented its witnesses. At end of the prosecution's case if the defence is of the opinion that the prosecution has failed to establish a prima facie case, he can make a no case submission.

What is the punishment for slander 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.”

Is slander a crime in Nigeria?

CRIMINAL DEFAMATION UNDER THE NIGERIAN LAW

A defamation matter is defined in section 373 of the criminal code as a matter likely to injure the reputation of any person by exposing the person to hatred, contempt or ridicule, or likely to damage any person in his or her profession or trade by injury to his reputation.

What are the 4 proofs of defamation?

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...

What are the 5 steps to initiate a 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.

Which person would be involved in a civil case?

The person who commences a civil lawsuit is called the plaintiff. The person against whom the suit is brought is the defendant.