NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
Representative actions may be commenced where: (i) there is a common interest and grievance; and (ii) the relief sought is beneficial to those the claimants repre- sent. Defending an action in a representative capacity requires the leave of the court. Class actions are also permitted when the intended beneficiaries or class of persons cannot be readily ascertained or found. Class actions are not very com- mon in Nigeria. In some states, a judge can appoint one or more persons to represent a class of persons interested in a class action. In the Federal High Court, class actions may be instituted for matters concerning trade marks, copyrights, patents and designs. The Federal High Court Rules, 2019 allow a person or member of a class to apply to the court or a judge in chambers to opt in or out of a class action and the court or judge in chambers may then, on good and justifiable cause, permit such person or member of a
ing a motion on notice accompanied by an affidavit and written address. The court will grant summary judgment if it is satisfied that the defendant has no real prospect of success and that there is no need for a full trial. A summary judgment is a final judgment and can only be set aside on appeal. If the defendant raises genuine issues for trial, the application will be dismissed, and the case will proceed to trial. Further, a party can apply for a suit to be struck out or dismissed where the court lacks jurisdiction or the jurisdictional requirements for the suit are not met. Such an application is made by filing a preliminary objection/motion on notice, accompanied by an affi- davit and a written address. An affidavit may be dis- pensed with if the objection to jurisdiction is on points of law alone. An application challenging the jurisdic- tion of the court can be filed at any stage before or during a trial. Some rules provide that where an objec- tion is not filed within a particular period, the hearing of the objection may be delayed until the substantive case is heard. 4.3 Dispositive Motions The dispositive motions most commonly made in Nigeria are preliminary objections, summary judg- ment applications, and default judgment applications (if the defendant fails to enter an appearance or file its defence within the applicable timeframes). 4.4 Requirements for Interested Parties to Join a Lawsuit The rules of courts permit the joinder of interested persons as co-claimants or co-defendants to a suit where the joinder: • will enable the court to effectively and completely determine the real issues in controversy; • is necessary for the fair and just determination of the suit; • will prevent a multiplicity of actions; • will enable the claimant to enforce the judgment; and • is necessary in the interest of a fair hearing. The rules of courts also allow third-party proceedings where there would be a joinder of a third party shown to the court as the party that would bear the eventual
class to opt in or out of the class action. 3.8 Requirements for Cost Estimate
In Nigeria, there is no strict legal requirement mandat- ing lawyers to provide clients with a cost estimate of potential litigation at the outset. However, it is consid- ered good practice for lawyers to discuss and agree on fees with clients upfront.
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
Parties can make interim applications for various reliefs before the trial or substantive hearing of a claim. Such applications are not limited to case management issues, as orders of interim or interlocutory injunction and jurisdictional challenges may be made and grant- ed on these applications. 4.2 Early Judgment Applications A party can, at the commencement of a suit, apply for: (i) early judgment on some or all the issues in dispute; or (ii) the other party’s case to be struck out prelimi- narily before the substantive hearing. The court may grant a summary judgment if the opposing party has no valid defence to a claim or there is an admission. An application for summary judgment is made by fil-
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