NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
actions are not very common 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 per- son 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 class to opt in or out of the class action. 3.8 Requirements for Cost Estimate In Nigeria, there is no strict legal requirement mandating lawyers to provide clients with a cost estimate of potential litigation at the out- set. However, it is considered good practice for lawyers to discuss and agree on fees with clients upfront. Parties can make interim applications for vari- ous 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 granted 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 preliminarily before the substantive hearing. The court may grant a summary judg- ment if the opposing party has no valid defence 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
to a claim or there is an admission. An applica- tion for summary judgment is made by filing a motion on notice accompanied by an affidavit and written address. The respondent can prove that there are triable issues in the suit that merit a full hearing. The court will grant summary judg- ment 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 jurisdic- tion or the jurisdictional requirements for the suit are not met. Such an application is made by fil- ing a preliminary objection/motion on notice, accompanied by an affidavit and a written address. An affidavit may be dispensed with if the objection to jurisdiction is on points of law alone. An application challenging the jurisdiction of the court can be filed at any stage before or during a trial. Some rules provide that where an objection is not filed within a particular period, the hearing of the objection may be delayed until Dispositive motions that are most commonly made are preliminary objections, applications for summary judgment, and default judgment applications (if the defendant fails to enter an appearance or file its defence within the appli- cable timeframes). 4.4 Requirements for Interested Parties to Join a Lawsuit The rules of courts permit the joinder of inter- ested persons as co-claimants or co-defendants to a suit where the joinder: the substantive case is heard. 4.3 Dispositive Motions
1038 CHAMBERS.COM
Powered by FlippingBook