Method of Commencing Motion in the Magistrate Court docket in Nigeria
How proceedings are initiated in the justice of the peace court docket.
-LAGOS AND ABUJA AS A Circumstance Review.
(A) Magistrate Court docket in Lagos
Under ord 1, Magistrate’s Courts (Civil Course of action) Rules, two forms of commencement are delivered:
A particular person can institute an motion working with any of the adhering to:
1. Assert: see O. 1 R. 1 of the Justice of the peace Court docket Policies of Lagos 2009. The declare is to be attached with Particulars of Claim.
2. Originating Application: See O. 1 R. 2(a) (b) &(c) of the Justice of the peace Court Policies of Lagos 2009. It is utilized when information are not in dispute.
Procedure in the use of Assert
1. Claimant to supply to the Registrar of the Court, a praecipe in Civil Variety 1 of the Appendix to the Policies collectively with Particulars of declare signed by the claimant.
2. Registrar to enter declare on Civil Result in Ebook
3. The Registrar will issue and serve the defendant Common Summons for contentious matters when Summary Summon for non-contested matters (CIVIL Variety 4 with Kind 4A annexed) and the Particulars of Declare. See O. 2 R. 4 of the Justice of the peace Courtroom Regulations of Lagos 2009
4. The defendant is to reply to the Claim inside 6 times in Civil Type A4. The possible measures to be taken by the defendant are:
a. Ask for for even more particulars in 6 days
b. File a defence or counter-assert within 6 days
c. File a counter-assert against another person and inquire for time to allow him include the man or woman as a defendant
d. Tender ahead of action the subject make any difference of the go well with.
See O. 2 R. 4-8 of the Magistrate Courtroom Principles of Lagos 2009
Summary Summons
This is utilised when the claimant desires a fast judgment. Soon after filing a Declare with the Particulars of Claim, the Claimant will ask for by way of a letter to the Registrar to endorse the Claim as a Summary Summons. See O. 3 R. 1 of the Justice of the peace Court docket Guidelines of Lagos 2009.
The defendant may well do any of the adhering to upon receipt of the claimant’s processes:
1. File a counter-assert within just 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 will be given. See O. 3 R. 4 of the Magistrate Court Regulations of Lagos 2009. If the defendant admits it, the claimant is to inside 5 times, file an acceptance or rejection of the admission. The life span of summary summons is 3 months. See O. 3 R. 8 of the Justice of the peace Court docket Policies of Lagos 2009.
Steps commenced by Originating Application. Purchase 1 R.8(1)
Applied the place proceedings are licensed to be commenced in Magistrate Court docket and not expected to be commenced if not, these kinds of proceedings to be commenced by originating software and shall be referred as action. It shall be in producing, stating the get applied for and adequate particulars displaying the grounds for which the applicant can make the application.
(B) Strategies of commencing steps in District Courts in Abuja are by:
1. Plaint, Type 1
2. Default summons
3. Originating application
Plaint
It is to be submitted together with a Particulars of Assert. The Registrar will then issue a plaint notice to the applicant. The Registrar will issue and provide Regular summons in Type 6 with the Particulars of Assert to the defendant. It is issued outdoors the jurisdiction with the go away of the Courtroom. See Nicholas V. General Supervisor Nig. Railway Ltd.
Default Summons-Type 7
This is applied in liquidated cash demand which the Plaintiff feels the defendant will not have any reasonable defence to it. This is issued following the Plaintiff has submitted a Plaint with his Particulars of Declare supported with an affidavit in Variety 8. The Registrar will then challenge and serve the default Summons in Form 7 annexed with Kind 7A employed to enter defence on the defendant. The defendant is to reply inside of 16 times by way of denial, counter-claim, and ask for for time or tender before the action contained in his Discover of Intention to protect. If the defendant does not answer in 10 times, judgment may be entered against him if demonstrated that he was served with Type 9. The judgment can be set aside if the personal debt has been happy.
Abandonment of excesses
Below a Plaintiff/Claimant saying previously mentioned N250, 000 in Abuja or N10, 000, 000.00 in Lagos of the basic financial jurisdiction of the Justice of the peace, will have to forego the surplus amount of money usually the Court will lack the competence to sit on the issue. The point that a Claimant/Plaintiff foregoes the extra in his declare have to be mentioned in the Particulars of Declare just before the Court. The result of abandonment is that no separate motion can be commenced to get well the excess amount abandoned.
