How to file a civil suit in superior courts in Nigeria

In one of my previous posts I wrote on how to file a civil suit in Nigerian lower courts. Today, this article is concerned with how to file a civil suit in superior courts in Nigeria. Like I said in that previous post, the processes in lower court differ from that of the superior courts. In a superior cout like the High Court of the state for instance, you need a lawyer in order to do that. This means, service of a lawyer is necessary, unlike the lower court where you can do it yourself. You need to go to a law firm (Chamber), get your lawyer and explain to your lawyer in details the facts of your matter. Did I say explain everything in details? Yea! That's what I really mean. After examining the facts of your matter, your lawyer will tell you what to do. He will tell you if the suit may favour you or not. If it won't favour you and you are the Plaintiff ( the person suing) there is no need of wasting your time and money to proceed with the case. The best thing is to quit. But if you are the Defendant (the person that is sued), the best thing is to ask your lawyer to inform the Plaintiff that you want settlement out of court. Don't know what settlement out of court is? Don't worry, just subscribe to my next post. I will write on the reality of settlement out of court. It is a fundamental responsibility of your lawyer as your counsel to tell you the truth about your case; whether it will favour you or not. It is also your primary responsibility to tell your lawyer the whole truth about your case. Don't hide anything from your lawyer, even if you killed that innocent man. Lol! Note that the relationship between you and your lawyer is like that of a doctor and his patient. If a patient fails to tell the doctor his real sickness, the doctor will end up administering wrong medicines and at last the patient may die. The same thing happens between a lawyer and his client. If a client fails to tell his lawyer the truth, the lawyer will be acting on false statement and at last frustration will be the end result. If your lawyer advises you to withdraw from the matter, the best thing for you is to withdraw, but if he says you should go ahead with your matter; the next thing to do is to make a written statement of claim detailing the facts of your problem. After that you will call your witnesses if you have them so that your lawyer will also document their written testimonies. Your lawyer will also ask you to list all other evidences you may have which you will rely on in proving your case. These may include; document, and other objects you can tender before the court to convince the court that your claims are true. After that, your lawyer will tell you the filling fee and the court Belief's transport fee for effecting service of process on the Defendant(s). Note; in your statement of claim, it is your responsibility to tell the court what you want the court to do for you in the matter. Be informed, the court is not a father Chrismas that will give you what you haven't asked for. This is why you have to include it in you statement of claim. Also, that is why you have to prove your case using all the evidences you have to convince the court of your claims. If you fail to prove your case, even if you are as innocent as the angel, please know that judgement is not for you. The rule is that he who asserts must prove it; meaning, the person who initiates a claim must prove it. If you fail to convince the court, the court will not give you judgemnet no matter how good your case may be. Also bear it in mind that you will pay consultation fee to your lawyer when you go to narrate your complain to him. You will pay for opening of your case file and aslo pay professional fee. Consultation fee depends on the lawyer but in most cases it doesn't go beyond Ten Thousand Naira. Case file fee doesn't go beyond Five Thousand Naira. Professional fee depends on the nature of the case but it may not go below Seventy Thousand Naira. You must also budget for appearance fee. This is the money you give to your lawyer each time he appears in court for your matter. It is negotiable but it may not go below Three Thousand Naira.
I hope with this information you now know what it is like getting a lawyer to stand for you in your matter.

Comments

  1. Thanks For Sharing Such beautiful information with us. i hope you will

    share some more information about this post. please keep sharing! Simple Trick

    ReplyDelete
  2. Thanks For Sharing Such beautiful information with us. i hope you will

    share some more information about this post. please keep sharing! Simple Trick

    ReplyDelete

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