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Copyright © 1999 - 2009. International Centre for Nigerian Law Modified on Wednesday, 31. December 2008 |
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Practice Directions for the
Management of Cases
on Fast Track
Objective of
the Fast Track Court
The main
objective of the Fast Track Court is to reduce the time spent on litigation
to a period not exceeding 8 months. After the
commencement date of these
Practice Directions, final judgment
in a case allocated to the Fast Track should be delivered within 8
months of the date of filing.
Application of
the High Court of Lagos State
(Civil
Procedure) Rules 2004
1.
The High Court of Lagos State (Civil Procedure)
Rules 2004 shall apply to
cases allocated to the Fast Track subject to such modifications as are
effected by these Practice Directions.
Cases
qualified for the Fast Track
2.
A suit shall qualify for the Fast Track where -
(a)
The total sum of claims or counterclaims is
(b)
One or more of the parties is a non-resident investor in the Nigerian
economy or
(c)
The Claim involves a mortgage transaction.
Identification
mark and speedy processing
3.
Where a case satisfies any of the criterion in clause 2 above, the
Assistant Chief Registrar or other person in charge of the Litigation
Section shall cause the Originating Processes to be
marked "QUALIFIED FOR
FAST TRACK".
Time for
Completion of Registry Processes
4.
All filing and service of processes in the Registry shall be
concluded not later than 8 weeks from the filing date of the Originating
Process the 42 day response
time for the Defense inclusive.
Time to apply
for Hearing in the Fast Track Court
5.
Where a suit qualifies for the Fast Track procedure and a Claimant so
consents, the Claimant shall apply for the issuance
of a Pre-Trial Conference Notice as in Forms 17
and 18 within 7 days of the close of
pleadings, and his application shall include
a formal request for Fast Track allocation.
Pre-Trial
Pre-Trial
Conference in Fast Track Cases
6.
Where a Claimant has requested for Fast Track allocation, the
Pre-Trial Conference Information Sheet to be issued to the parties and their
Legal Practitioners (if any) shall include the following question:
"Do you consent
that this case be allocated to the Fast Track and managed according to the
applicable practice directions? If not, state your reasons below."'
Time Limited
for Pre-Trial Conference
7.
Once a case is allocated to the Fast Track, the Pre-Trial Conference
or series of Pre-Trial Conferences in that case shall be held from day to
day or adjourned only for the purpose of compliance with Pre-Trial
Conference orders. Provided that the Pre-Trial
Conference or series of Pre-Trial Conferences shall be completed within a
period of 30 days.
Extension of
Time for Pre-Trial Conference
8.
Where the Pre-Trial Judge determines that an extension is necessary,
he may allow the Pre-Trial Conference to continue for a further period of 14
days only without reference to the Chief Judge.
Trial
Commencement
of Trial and Time Table
9.
(a)
Immediately upon completion of Pre-Trial Conference and upon the
issuance of the Pre-Trial Report, the case file shall be forwarded to the
Administrative Judge for assignment to a Trial Judge who shall thereafter,
cause Hearing Notices to issue to the parties as in Form PDI.
(b)
At the first appearance of the parties before the Trial Judge, the
Court may approve directions proposed by the parties’ if
(i)
the parties have filed agreed directions
for the management of the case, and or
(ii)
The Court considers that the directions are suitable.
(c)
After considering the parties' agreed directions (if any), the Court
shall give directions for the trial, including a trial time table which it
considers appropriate.
Variation of
Directions
10.
(a)
Where there has been a change in the circumstances since trial
directions were issued, the court may set aside or vary any of the
directions based on an application or on its own initiative.
(b)
Where the parties agree about changes to be made to the trial
directions given, they must immediately apply for an order by consent,
including an agreed statement of the reasons why the variation is sought.
(c)
Where the court varies any direction because of a defaulting party or
his legal representative, it may impose costs and daily default fees as
prescribed in the Rules.
(d)
The court may make an order of variation without a hearing.
Enforcement of
Compliance with Directions
11.
(a)
Where a party has failed to comply with a Court direction, any other
party may apply for an order to enforce compliance or for a sanction to be
imposed or both.
(b)
Failure to comply with directions will not lead to the postponement
of the trial unless the circumstances of the failure are exceptional.
Applications
to be Made and Heard Timorously
12.
(a)
Where a party needs to make any application which is not included in
the trial time table, he must do so as soon as possible so as to minimise
the need to change the time table.
(b)
The Court shall make arrangements to ensure that applications and
other hearings are made promptly to avoid delay in the conduct of cases in
the Fast Track.
Trial
Proceedings from Day to Day
13.
Unless the trial court otherwise directs, the trial will be conducted
from day to day and in accordance with any order previously made.
Adjournment
for Shortest Possible Time Only
14.
(a)
the court will regard the postponement of a trial as an order of last
resort,
(b)
Where the court has no option but to postpone the trial, it will do
so for the shortest possible time.
Latest Date
for End of Trial
15.
The entire trial period, including the final addresses of counsel
shall not be later than 3 months from the date the trial directions are
made. Provided that:-
(a)
When the party beginning has concluded his evidence, the Judge shall
ask the other party if he intends to call evidence.
(b)
If the other party does not intend to call evidence, the party
beginning shall within 14 days after close of evidence file a written
address.
(c)
Upon being served with the written address, the other party shall
within 14 days file his own written address.
(d)
Where the other party calls evidence he shall within 14 days after
the close of evidence file a written address.
(e)
Upon being served with the other party's written address the party
beginning shall within 14 days file his own written address.
(f)
The party who files the first address shall have a right of reply on
points of law only. The reply shall be filed within 7 days after service of
the other party's address.
Delivery of
judgment
16.
In all Fast Track cases, the Judge shall endeavor to deliver judgment
within 60 days of the completion of trial.
Form
PDI
IN THE HIGH COURT
OF LAGOS STATE
IN
THE .................... JUDICIAL DIVISION
Hearing Notice
for Fast Track Courts
SUIT
No ..............
BETWEEN
........................................................................................
CLAIMANT
AND
......................................................................................
DEFENDANT
TO: ……………..
CLAIMANT'S
COUNSEL ON RECORD
………………………………………
……………………………………….
AND
DEFENDANT'S
COUNSEL ON RECORD
…………………………………….
…………………………………….
The above-named
..............................................................
case is now
before this Honorable Court for trial and will be
on the General Cause List for trial directions on .................
day of ........................
20 ............... at 9 o'clock in the forenoon or so soon thereafter as
Counsel may be heard on behalf of the parties.
Dated
this.............day of....................................20..............
BY ORDER OF THIS
COURT
…………………………………
REGISTRAR
Form 17
Hearing Notice
for Pre-trial Conference
(O.25,
R.1)
In the High Court
of Lagos State
In
the ........................................
Judicial Division
Suit No
…………
20 ……
Between
A.B
......................................................................................
Claimant
And
C.D
......................................................................................
Defendant
To (insert name
of parties)
.................................................................
Take Notice that
you are required to attend the Court No .................. at the
High Court of Lagos State at the …… Judicial Division, on the
.................. day of .......................
20 …. at 9 o'clock in the forenoon, for a
Pre-Trial Conference for the purposes set out hereunder:
1.
(a)
disposal of non-contentious matter which must or can be dealt with on
interlocutory application;
(b)
giving such directions as to the future course of the action as
appear best adopted to secure its just, expeditious and economical disposal;
(c)
promoting amicable settlement of the case
or adoption of alternative dispute resolution.
2.
Please answer the questions in the attached Pre-Trial Information
Sheet (Form 18) on a separate sheet and submit 7 clear days before the above
mentioned date.
Take Notice that
if you do not attend in person or by Legal Practitioner at the time and
place mentioned, such proceeding will be taken and such order will be made
as the judge may deem just and expedient.
DATED this
.................. day of ..................................
20 .........
Signed
……………….………….
Chief Registrar
FORM 18
Pre-Trial Information Sheet (0.25,r.l)
In the High Court
of Lagos State
In
the...................... .............................Judicial
Division............... ...20..............
Between
A.B...............
.................. .................
....................................................................
...-Claimant
And
CD…………………………………………………………………………………...Defendant
This Pre-Trial
Information Sheet is intended to include reference to all applications which
the
Parties would
wish to make at the Pre-Trial Conference. Applications not covered by the
Standard
questions raised in this Pre-Trial Information Sheet should be entered under
item 12
below.
All parties
shall, not later than 7 days before the first pre-Trial Conference, file and
serve on all
Parties-
(a)
All applications
in respect of matters to be dealt with before trial including but not
Limited to the
matters listed hereunder.
(b)
Written answers
to the questions contained in this Pre-Trial Information Sheet.
2.
Are amendments to any originating or other process required?
3.
Are further and better particulars of any pleading required? If so,
specify what particulars arc required.
4.
Do you object to any interrogatories that may have been delivered
pursuant to Order 26? Rule 1 of the High Court (Civil
Procedure) Rules? If so, state the grounds of such objection in
compliance with Order 26, rule 4 of the Rules.
5.
Do you object to producing any document in respect of which a request
for discovery has been made pursuant to Order 26, Rule 8 (1) of the High
Court {Civil Procedure) Rules? If so. State the
grounds of such objection in compliance with Order 26, rule 8 (3) of the
Rules.
6.
If you intend to make any additional admissions, give details.
7.
Will interpreters be required for any witness? If
so. State in what language.
8.
is this a case in which the use of a single or joint expert might be
suitable? If not state
reasons.
9.
Is there any way in which the court can assist the parties to resolve
their dispute or particular issues in it without the need for a trial or
full trial?
10. Have you
considered some form of Alternative Dispute Resolution (ADR) procedure to
resolve or narrow the dispute or particular
issues in it? If yes state the steps that have been
taken. If not state reasons.
1 1 State any
question or questions of law arising in your case, if any, which you require
to be
stated in the form of a special case for the
opinion of the Judge in accordance with Order 28
of the Rules,
12. List the
applications you wish to make at the pre-Trial Conference
13. Do you
consent that this case be allocated to the Fast Track and managed according
to the applicable Practice Directions? If not. State your reasons below.'
DATED
this……………..day of ………………………20………………………………….
Signed.....................
(Legal
Practitioner for the……………………………………..)
For service on:
…………………………………………………….
Dated This 1st
Day of February 2008
Under the Hands
and Seal of
-------------------------------------------------
Hon. Justice
A. A. Ade-Alabi
Chief, Judge
of Lagos State
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