Saturday, 20 January 2018

Method of Commencing Action in the Nigeria Magistrate Court


How procedures are started in the officer court.

- LAGOS AND ABUJA AS A CASE STUDY.

(A) Magistrate Court in Lagos

Under ord 1, Magistrate's Courts (Civil Procedure) Rules, two types of beginning are given:

A man can establish an activity utilizing any of the accompanying:

1. Claim: see O. 1 R. 1 of the Magistrate Court Rules of Lagos 2009. The claim is to be connected with Particulars of Claim.

2. Beginning Application: See O. 1 R. 2(a) (b) &(c) of the Magistrate Court Rules of Lagos 2009. It is utilized when actualities are not in question.

Strategy in the utilization of CLAIM

1. Petitioner to convey to the Registrar of the Court, a praecipe in Civil Form 1 of the Appendix to the Rules together with Particulars of case marked by the inquirer.

2. Enlistment center to enter assert on Civil Cause Book

3. The Registrar will issue and serve the litigant Ordinary Summons for argumentative issues while Summary Summon for non-challenged matters (CIVIL FORM 4 with Form 4A added) and the Particulars of Claim. See O. 2 R. 4 of the Magistrate Court Rules of Lagos 2009

4. The litigant is to react to the Claim inside 6 days in Civil Form A4. The conceivable strides to be taken by the litigant are:

a. Demand for encourage particulars inside 6 days

b. Record a resistance or counter-guarantee inside 6 days

c. Record a counter-guarantee against someone else and request time to empower him include the individual as a respondent

d. Delicate before activity the topic of the suit.

See O. 2 R. 4-8 of the Magistrate Court Rules of Lagos 2009

Rundown Summons

This is utilized when the inquirer needs a snappy judgment. Subsequent to documenting a Claim with the Particulars of Claim, the Claimant will ask for by means of a letter to the Registrar to embrace the Claim as a Summary Summons. See O. 3 R. 1 of the Magistrate Court Rules of Lagos 2009.

The litigant may do any of the endless supply of the petitioner's procedures:

1. Document a counter-guarantee inside 5 days in the event that he has a protection to it

2. Confirmation

Inability to do any of the above will qualifies the petitioner for apply and judgment in default will be given. See O. 3 R. 4 of the Magistrate Court Rules of Lagos 2009. On the off chance that the respondent lets it be known, the petitioner is to inside 5 days, record an acknowledgment or dismissal of the confirmation. The life expectancy of synopsis summons is 3 months. See O. 3 R. 8 of the Magistrate Court Rules of Lagos 2009.

Activities initiated by Originating Application. Request 1 R.8(1)

Utilized where procedures are approved to be started in Magistrate Court and not required to be initiated something else, such procedures to be initiated by beginning application and might be alluded as activity. It might be in composing, expressing the request connected for and adequate particulars demonstrating the justification for which the candidate makes the application.

(B) Methods of initiating activities in District Courts in Abuja are by:

1. Plaint, Form 1

2. Default summons

3. Starting application

Plaint

It is to be recorded alongside a Particulars of Claim. The Registrar will then issue a plaint note to the candidate. The Registrar will issue and serve Ordinary summons in Form 6 with the Particulars of Claim to the litigant. It is issued outside the locale with the leave of the Court. See Nicholas V. General Manager Nig. Railroad Ltd.

Default Summons-Form 7

This is utilized as a part of exchanged cash request which the Plaintiff feels the litigant won't have any sensible barrier to it. This is issued after the Plaintiff has recorded a Plaint with his Particulars of Claim upheld with a sworn statement in Form 8. The Registrar will then issue and serve the default Summons in Form 7 added with Form 7A used to enter guard on the respondent. The litigant is to answer inside 16 days by method for refusal, counter-claim, and demand for time or delicate before the activity contained in his Notice of Intention to safeguard. On the off chance that the litigant does not react in 10 days, judgment might be entered against him if demonstrated that he was presented with Form 9. The judgment can be put aside if the obligation has been fulfilled.

Relinquishment of abundances

Here a Plaintiff/Claimant asserting above N250, 000 in Abuja or N10, 000, 000.00 in Lagos of the general money related ward of the Magistrate, should forego the overabundance sum generally the Court will do not have the ability to sit on the issue. The way that a Claimant/Plaintiff foregoes the abundance in his case must be expressed in the Particulars of Claim under the steady gaze of the Court. The impact of deserting is that no different activity can be started to recoup the overabundance sum surrendered.

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