What is the process of civil case in Nigeria?

1. writ of summons: used for disputes like breach of contract or tort cases;
2. originating summons: used when interpreting documents or statutes;
3. originating motion: used when there is a clear legal right and no substantial factual dispute; and.

Can a judge dismiss a civil case before trial?

Yes. It is possible for a case to be dismissed at the pretrial hearing. During the hearing, the judge will likely issue a decision regarding any pretrial motions to dismiss the case. Thus, if those motions are successful, your case may be dismissed at the pretrial.

What is the burden of proof in a civil case in Nigeria?

The Nigerian Evidence Act, 2011 provides that in civil cases, the burden of first proving the existence or non-existence of a fact lies on the party against whom the judgment of the court would be given, if no evidence were produced on either side, regard being had to any presumption that may arise on the pleadings9.

What is civil procedure in Nigeria?

Civil procedure is the process through which a person whose legal right and interest has been breached may have recourse to the courts of law for the resolution and determination of the controversy or dispute.

What is the first step in a civil action?

A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis.

How many days to file an appeal in a civil case in Nigeria?

The appropriate time to commence and file an appeal for an interlocutory decision is within fourteen (14) days after the decision as provided by Section 24(2)(a) Court of Appeal Act and in the case of a final judgement, the appropriate time to file an appeal is within 3 months after the judgment was delivered.

Do I need a lawyer to get a court order?

Absolutely. You can elect to self-represent, and if you do, you can potentially succeed and you can obtain a court order that you are seeking. It is easier with an attorney, but some court systems are a bit easier to navigate if you are self-representing, namely small claims and family courts.

How to sue someone to court in Nigeria?

To sue a person in court, the services of a lawyer will be required to bring that action in a court. This is because an individual who is not a lawyer is not an officer of the court, and only a lawyer, who is an officer of the court, can institute an action in the court on behalf of an aggrieved party.

How much is a 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 are the 4 types of civil cases?

What is civil law in Nigeria?

Civil law and criminal law: Civil law is mainly concerned with private rights and obligations. Such actions are often initiated by private persons, although in appropriate cases the government may also initiate or defend such actions as juristic persons.

Can civil and criminal cases be tried together in Nigeria?

In matters of this nature, the victim of a person's act, which has caused injury and damage, may therefore choose to seek remedy before the criminal or civil Courts. The position is that a person can be on trial for both the criminal aspect and as well as the civil aspect at the same time.

What evidence is needed in a civil case?

In most civil cases, the standard of proof is “a preponderance of the evidence.” This standard requires the jury to return a judgment in favor of the plaintiff if the plaintiff is able to show that a particular fact or event was more likely than not to have occurred.

Who pays court costs in civil cases?

In the civil context, court costs are normally awarded to the prevailing party , meaning that the 'losing' party must cover them.

How long do civil cases take?

While there is no set timeline for a civil litigation case, the process can take several months to several years. Each stage of litigation, from filing to trial and potentially appeal, adds time to the process.

How long does a court hearing last?

In contrast, more complex civil or criminal cases, where how long do courts last becomes a more pertinent question and can extend much longer. On average, these hearings can last anywhere from a few hours to a full day, and sometimes, when the case is particularly involved, they can span over multiple days.

Who are the parties to a civil suit in Nigeria?

A party in a suit is someone who is known to have an interest in making or defending a claim. In a case before a court of law, the parties must be competent and legal persons. A legal person is someone who is either a sane human being or a legal entity (companies, organizations, governments, Partnerships etc).

Is civil procedure hard?

Civil Procedure. C​ivil Procedure is notoriously the most difficult class you'll take in law school. I concur. The rules are complex, the procedural formalities are maddening, and keeping track of cases is nearly impossible.

What is the standard of proof for civil cases?

The standard in civil cases is the “preponderance of evidence,” meaning the plaintiff must prove that their claims are more likely valid than not. According to the Legal Information Institute, “51% certainty is the threshold” for meeting the preponderance of evidence standard in most civil cases.

What are the rules of evidence in Nigeria?

A cardinal principle under Nigerian law of evidence is that evidence must be relevant to the facts in issue or any other relevant fact. Relevance refers to the connection between the evidence and the matter being decided by the court. Evidence is considered relevant if it has a logical bearing on the case.

What is the highest court for civil cases?

The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one High Court to another High Court or from a Court subordinate to another High Court.