Civil Litigation Notes for the BTC -
Distinction!
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,OVERVIEW AND INTRODUCTORY MATTERS
1. DISCUSS THE SCOPE OF THE CIVIL LITIGATION COURSE
Civil litigation/proceedings is mainly concerned with the enforcement of
private rights. When used in contradiction to criminal litigation, it deals with
resolution or determination of all disputes other than criminal. Thus, it
refers to all processes and procedure relating to civil actions in court.
Civil litigation refers to the entire body or rules of procedure and evidence
that regulate civil proceedings in a court of law. it is wide enough to
accommodate processes employed by parties to resolve the dispute
between them before they finally end up in court, including pre-action
notices, letters and ADR options employed before during and after
proceedings have commenced in court.
2. DISCUSS THE DIFFERENT CIVIL DISPUTES SETTLEMENT MECHANISMS
• Litigation and
• ADR Mechanisms
(A) Litigation: This refers to an action brought by a person against another
person based on the legal principles by which the former asserts some rights
or legal entitlements from the latter.
Features of Litigation BEST WAR PLC
• Binding decisions
• Enforcement
• State Controlled
• Time consuming
• Win/Lose atmosphere
• Adversarial
2 of 578
, •
•
•
• Rigid and Technical
• Publicly conducted—SEE SECTION 36(3) OF THE 1999 CFRN and OVIASU
v. OVIASU
• Lawyer dominated
• Coercive.
Cases best suited for litigation MTN RICE
• Mandated by law situations
not be willing to go to
Time is of essence court, which other
Need for precedent method can be used to
Ridiculous/Frivolous demand situations resolve the dispute.
• Interpretation of documents ADR can be taken up in
• Criminal cases (Public Policy) 2 Ways:
• Emergency situations
• Parties’
Shortcomings of Litigation ---DICE2 BIP Agreement- to
resolve their
• Delay
dispute through
• Involuntary for the defendant
ADR. Private
• Control over the process by the parties is absent
agreement e.g.
• Enforcement problem
Lagos Court of
• Expensive
Arbitration,
• Breeds enemity—SEE JADESIMI v. OKOTIE-EBOH
Mediation
• Inflexible
centers.
• Privacy absence
• Court Referral-
(B) ADR Mechanisms: ADR relate to the alternative methods of dispute Most courts
resolution that is aside litigation. In other words, should a potential litigant encourage
resolution of
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, disputes by ADR. Under the Rules of Court, the judge has an Order 5 Rule 8 Lagos
obligation to encourage parties to refer their disputes to ADR. In this 2019; Order 2 Rule 7
sense ADR is court-connected eg Lagos Multi-Door Court House. Abuja
SEE Order 25 R. 2(1) HCCPR Lagos state, 2012. Order_Rule_ 2018
HCCPR Abuja, 2018. 4. Every claimant in
actions begun either by
The following are the methods available: ---MANCH EMER writ if summons or
originating summons is
• Mediation: Parties settle amongst themselves with the help of a
required to front load the
neutral third party known as a mediator who only facilitates the protocol Form 01 – see
process of settlement. He helps them maintain communication and the format of the form
help them shift to interest-base to ensure an amicable resolution. It 5. One of the purposes
is a win-win system. served by the case
Enforcement of Mediator’s facilitated agreement management conference
is the promotion of
After the parties agree to the terms, they sign and date the outcome as amicable settlement of
witnessed by their lawyers. The agreement becomes binding and no party disputes: O 25 R 1 Lagos
can resile from it. Thus, the right of a party to walk out of mediation 2012; O. 27 Lagos 2019
ends as soon as the settlement agreement is signed by the parties. 6. The agenda for a
Comment [C1]: judge at the CMC –
In the recent past the trend was dispute litigation. However in recent times making referrals to the
ADR has occupied a pride of place due to its advantages over litigation and Lagos multi-door
also because most civil procedure rules and even some criminal legislation courthouse – O25 R 2
now encourage ADR. Lagos 2012; O. 27 Lagos
2019; O. 27
Enabling provisions
Abuja 2018
1. Lagos rules objective if the rules – to promote efficient and speedy
dispensation of justice – see preamble 1(B) Lagos 2. Amicable settlement 7. The ADR judge may
of disputes by way of ADR give directives on matters
referred for ADR; failure to
(Preamble 1 (C) Lagos civil procedure rules) 3. All originating processes
are screened for suitability for ADR and accordingly referred to the Lagos comply attract sanctions
multi-door court house or some other ADR institution – Order 3 rule O 25 R 6 Lagos 2012
11Lagos 2012;
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Distinction!
1 of 578
,OVERVIEW AND INTRODUCTORY MATTERS
1. DISCUSS THE SCOPE OF THE CIVIL LITIGATION COURSE
Civil litigation/proceedings is mainly concerned with the enforcement of
private rights. When used in contradiction to criminal litigation, it deals with
resolution or determination of all disputes other than criminal. Thus, it
refers to all processes and procedure relating to civil actions in court.
Civil litigation refers to the entire body or rules of procedure and evidence
that regulate civil proceedings in a court of law. it is wide enough to
accommodate processes employed by parties to resolve the dispute
between them before they finally end up in court, including pre-action
notices, letters and ADR options employed before during and after
proceedings have commenced in court.
2. DISCUSS THE DIFFERENT CIVIL DISPUTES SETTLEMENT MECHANISMS
• Litigation and
• ADR Mechanisms
(A) Litigation: This refers to an action brought by a person against another
person based on the legal principles by which the former asserts some rights
or legal entitlements from the latter.
Features of Litigation BEST WAR PLC
• Binding decisions
• Enforcement
• State Controlled
• Time consuming
• Win/Lose atmosphere
• Adversarial
2 of 578
, •
•
•
• Rigid and Technical
• Publicly conducted—SEE SECTION 36(3) OF THE 1999 CFRN and OVIASU
v. OVIASU
• Lawyer dominated
• Coercive.
Cases best suited for litigation MTN RICE
• Mandated by law situations
not be willing to go to
Time is of essence court, which other
Need for precedent method can be used to
Ridiculous/Frivolous demand situations resolve the dispute.
• Interpretation of documents ADR can be taken up in
• Criminal cases (Public Policy) 2 Ways:
• Emergency situations
• Parties’
Shortcomings of Litigation ---DICE2 BIP Agreement- to
resolve their
• Delay
dispute through
• Involuntary for the defendant
ADR. Private
• Control over the process by the parties is absent
agreement e.g.
• Enforcement problem
Lagos Court of
• Expensive
Arbitration,
• Breeds enemity—SEE JADESIMI v. OKOTIE-EBOH
Mediation
• Inflexible
centers.
• Privacy absence
• Court Referral-
(B) ADR Mechanisms: ADR relate to the alternative methods of dispute Most courts
resolution that is aside litigation. In other words, should a potential litigant encourage
resolution of
3 of 578
, disputes by ADR. Under the Rules of Court, the judge has an Order 5 Rule 8 Lagos
obligation to encourage parties to refer their disputes to ADR. In this 2019; Order 2 Rule 7
sense ADR is court-connected eg Lagos Multi-Door Court House. Abuja
SEE Order 25 R. 2(1) HCCPR Lagos state, 2012. Order_Rule_ 2018
HCCPR Abuja, 2018. 4. Every claimant in
actions begun either by
The following are the methods available: ---MANCH EMER writ if summons or
originating summons is
• Mediation: Parties settle amongst themselves with the help of a
required to front load the
neutral third party known as a mediator who only facilitates the protocol Form 01 – see
process of settlement. He helps them maintain communication and the format of the form
help them shift to interest-base to ensure an amicable resolution. It 5. One of the purposes
is a win-win system. served by the case
Enforcement of Mediator’s facilitated agreement management conference
is the promotion of
After the parties agree to the terms, they sign and date the outcome as amicable settlement of
witnessed by their lawyers. The agreement becomes binding and no party disputes: O 25 R 1 Lagos
can resile from it. Thus, the right of a party to walk out of mediation 2012; O. 27 Lagos 2019
ends as soon as the settlement agreement is signed by the parties. 6. The agenda for a
Comment [C1]: judge at the CMC –
In the recent past the trend was dispute litigation. However in recent times making referrals to the
ADR has occupied a pride of place due to its advantages over litigation and Lagos multi-door
also because most civil procedure rules and even some criminal legislation courthouse – O25 R 2
now encourage ADR. Lagos 2012; O. 27 Lagos
2019; O. 27
Enabling provisions
Abuja 2018
1. Lagos rules objective if the rules – to promote efficient and speedy
dispensation of justice – see preamble 1(B) Lagos 2. Amicable settlement 7. The ADR judge may
of disputes by way of ADR give directives on matters
referred for ADR; failure to
(Preamble 1 (C) Lagos civil procedure rules) 3. All originating processes
are screened for suitability for ADR and accordingly referred to the Lagos comply attract sanctions
multi-door court house or some other ADR institution – Order 3 rule O 25 R 6 Lagos 2012
11Lagos 2012;
4 of 578
