In this post we will be looking at Procedure on How to Sue a Person in Nigeria and Things to Consider Before suing a person in Nigeria.
INTRODUCTION
The process of suing someone in Nigeria is to bring an action in Court against a person for various reasons such as a breach of contract, tortuous act and among others. Before taking the decision to sue a person in Nigeria, it is good to consider whether there are other options available for reconciling differences or enforcing one’s rights. In some instances, resolving disputes through alternative dispute resolution mechanisms such as arbitration, reconciliation or mediation might be favorable to a person than suing an offending party in court.
Read: Need a Lawyer/ Law Firm Service in Nigeria
Furthermore, before instituting an action against a person there are preliminary issues that must be considered in filing a lawsuit against any offending party. It should be noted that there is a capacity in which an action can be instituted in Court. For an action to be competent the parties must be either natural (humans) or juristic (companies). Also, the cause of action is an important factor to be considered before suing a person. This cause of action is a series of facts that led to the right of an action before the Court. In suing a person, the cause of action is contained in the Statement of Claim or particulars of claim.
To determine whether a person has a right of a cause of action in court, then he/she must be directly affected by the fact or series of facts of the action. A claim is only valid where there is a law that supports the claims against an offending party. One cannot sue a person on frivolous excuses neither can the court adjudicate on a matter that exists in a vacuum. To sue a person in court, the services of a lawyer/ law firm will be required to bring that action in a court. This is because an individual who is not a lawyer is not an officer of the court, and only a lawyer, who is an officer of the court, can institute an action in the court on behalf of an aggrieved party.
The services of a lawyer would include advising a client against the strength or viable weakness of his claims against another, a lawyer is also charged with the duty to file processes and documents in court on behalf of a party who wants to sue. Where a frivolous action is filed in court by a counsel on behalf of a litigant, the lawyer will be personally held liable and in most cases be made to pay the cost of such frivolous suit.
PROCEDURE ON HOW TO SUE A PERSON IN NIGERIA
The first step in suing a person is to file an action in Court against the person. An action is usually brought to a court with court’s processes such as a writ of summons or originating summons accompanied with all necessary documents. The jurisdiction is key aspect of suing a person in Nigeria. It is not every court that can hear any cases. The jurisdiction is what conferred on the court the right or legitimacy to hear a case. Essentially, the jurisdiction of the court in Nigeria can be divided into territorial jurisdiction and subject matter jurisdiction. The following conditions will guide a person who wants to sue someone to determine whether a Court has an inherent jurisdiction to hear such a matter:
- In civil cases, the monetary value of a matter determines whether it is the Magistrate Court or High Court that would have jurisdiction to hear the matter. For example, where the monetary claim is N10, 000,000 or below in the Lagos State, such case or claim can be instituted at the Magistrate Court.
- Where the monetary claim exceeds N10, 000,000 for a simple breach of contract or related matter, it is the High Court of the State that has jurisdiction to hear such case.
- Where the matter in question is related to the property or landed matter, it is only the High Court of the State that can hear such a case.
- Where the dispute involves an employer and employee, such matter can only be instituted at the National Industrial Court.
- An action or any petition under the matrimonial causes, which involves husband and wife statutorily married, can only be filed in the High Court of a State.
- The action based on the enforcement of Fundamental Human Rights of any person may be instituted in either the Federal High Court or the National Industrial Court.
- An action solely based on maritime or admiralty issues can only be filed at the Federal High Court
THINGS TO CONSIDER BEFORE SUING A PERSON IN NIGERIA
These are factors to consider when you think about suing someone in Nigeria:
- Capacity: To sue someone in Nigeria, the claimant and defendant must be legally capable to sue and be sued respectively. In Nigeria only legal persons (Natural or Non-natural) can sue and be sued. For example, you cannot make a claim directly against a minor (person under the age of 18) expect such minor is being sued for necessities. You can however sue a minor for other reasons through their legal guardian.
- Cause of Action: Not all actions are valid before the court of law. It is important that the existence of a recognizable cause of action be established before a claimant proceeds to court against an individual. A lawsuit can be struck out or dismissed for lack of valid cause of action. A cause of action us the fact or combination of facts that gives a person the right to seek judicial redress or relief against another. This is usually contained in the Statement of Claim.
- Limitation of Action: Before filing a lawsuit against a person, it is critical to confirm whether the cause of action identified is statute barred. The status of limitation prescribes a period after which a claimant will be unable to bring an action against a defendant.
- Jurisdiction: It is one thing to identify a valid cause of action and another to file a suit in the correct Court. Considering how foundational jurisdiction is to every lawsuit, a claimant must ensure that they confirm the jurisdictional validity of their case before instituting the action in any court in Nigeria. The court’s jurisdiction in Nigeria can be divided into two categories: territorial jurisdiction and subject matter jurisdiction.
CONCLUSION.
In Nigeria, suing someone is a technique to assert one’s legal rights through the filing of a lawsuit. The alternative dispute resolution system, which is typically quicker and less expensive than going to court, should not be overlooked as another means of settling disputes.