Method of Commencing Action in the Magistrate Court in Nigeria | Nara

How proceedings are initiated within the Justice of the Peace court docket.

-LAGOS AND ABUJA AS A CASE STUDY.

(A) Justice of the Peace Court docket in Lagos

Underneath ord 1, Justice of the Peace’s Courts (Civil Process) Guidelines, two types of graduation are offered:

An individual can institute an motion utilizing any of the next:

1. Declare: see O. 1 R. 1 of the Justice of the Peace Court docket Guidelines of Lagos 2009. The declare is to be hooked up with Particulars of Declare.

2. Originating Software: See O. 1 R. 2(a) (b) &(c) of the Justice of the Peace Court docket Guidelines of Lagos 2009. It’s used when details usually are not in dispute.

Process in the usage of CLAIM

1. Claimant to ship to the Registrar of the Court docket, a praecipe in Civil Type 1 of the Appendix to the Guidelines along with Particulars of declare signed by the claimant.

2. Registrar to enter declare on Civil Trigger Ebook

3. The Registrar will difficulty and serve the defendant Peculiar Summons for contentious issues whereas Abstract Summon for non-contested issues (CIVIL FORM 4 with Type 4A annexed) and the Particulars of Declare. See O. 2 R. 4 of the Justice of the Peace Court docket Guidelines of Lagos 2009

4. The defendant is to answer the Declare inside 6 days in Civil Type A4. The seemingly steps to be taken by the defendant are:

a. Request for additional particulars inside 6 days

b. File a defence or counter-claim inside 6 days

c. File a counter-claim towards one other individual and ask for time to allow him add the individual as a defendant

d. Tender earlier than motion the subject material of the swimsuit.

See O. 2 R. 4-8 of the Justice of the Peace Court docket Guidelines of Lagos 2009

Abstract Summons

That is used when the claimant needs a fast judgment. After submitting a Declare with the Particulars of Declare, the Claimant will request through a letter to the Registrar to endorse the Declare as a Abstract Summons. See O. 3 R. 1 of the Justice of the Peace Court docket Guidelines of Lagos 2009.

The defendant could do any of the next upon receipt of the claimant’s processes:

1. File a counter-claim inside 5 days if he has a defence to it

2. Admission

Failure to do any of the above will entitle the claimant to use and judgment in default might be given. See O. 3 R. 4 of the Justice of the Peace Court docket Guidelines of Lagos 2009. If the defendant admits it, the claimant is to inside 5 days, file an acceptance or rejection of the admission. The life span of abstract summons is 3 months. See O. 3 R. 8 of the Justice of the Peace Court docket Guidelines of Lagos 2009.

Actions commenced by Originating Software. Order 1 R.8(1)

Used the place proceedings are licensed to be commenced in Justice of the Peace Court docket and never required to be commenced in any other case, such proceedings to be commenced by originating software and shall be referred as motion. It shall be in writing, stating the order utilized for and enough particulars exhibiting the grounds for which the applicant makes the appliance.

(B) Strategies of commencing actions in District Courts in Abuja are by:

1. Plaint, Type 1

2. Default summons

3. Originating software

Plaint

It’s to be filed together with a Particulars of Declare. The Registrar will then difficulty a plaint be aware to the applicant. The Registrar will difficulty and serve Peculiar summons in Type 6 with the Particulars of Declare to the defendant. It’s issued exterior the jurisdiction with the go away of the Court docket. See Nicholas V. Basic Supervisor Nig. Railway Ltd.

Default Summons-Type 7

That is utilized in liquidated cash demand which the Plaintiff feels the defendant won’t have any affordable defence to it. That is issued after the Plaintiff has filed a Plaint along with his Particulars of Declare supported with an affidavit in Type 8. The Registrar will then difficulty and serve the default Summons in Type 7 annexed with Type 7A used to enter defence on the defendant. The defendant is to answer inside 16 days by the use of denial, counter-claim, and request for time or tender earlier than the motion contained in his Discover of Intention to defend. If the defendant doesn’t reply in 10 days, judgment could also be entered towards him if confirmed that he was served with Type 9. The judgment may be put aside if the debt has been happy.

Abandonment of excesses

Right here a Plaintiff/Claimant claiming above N250, 000 in Abuja or N10, 000, 000.00 in Lagos of the final financial jurisdiction of the Justice of the Peace, should forego the surplus quantity in any other case the Court docket will lack the competence to sit down on the matter. The truth that a Claimant/Plaintiff foregoes the surplus in his declare should be said within the Particulars of Declare earlier than the Court docket. The impact of abandonment is that no separate motion may be commenced to recuperate the surplus quantity deserted.



Source by Christian Jonathan Nwachukwu

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