A contract has been broken and the other side will not pay. A tenant will not give up possession. A letter has arrived announcing that you are being sued, with a date for appearance already fixed. Or a disagreement has gone on long enough that it now needs a decision from someone other than the people having it. Most disputes reach a lawyer late, and the first task is to work out quickly what the options still are.
The law
What the law provides
Civil proceedings in Nigeria are governed by the rules of the court in which they are brought — in Benue State, principally the High Court of Benue State (Civil Procedure) Rules, with separate rules for the Magistrate and Customary Courts, the Federal High Court and the appellate courts. Which court has jurisdiction depends on the subject matter, the value of the claim and, for some courts, the parties.
Every claim is subject to limitation. The Limitation Law of Benue State and, for certain claims, federal statutes fix the period after which an action can no longer be brought. A claim that is out of time fails however strong it would otherwise have been.
The courts also encourage settlement. The Arbitration and Mediation Act 2023 provides a statutory framework for arbitration and mediation, and many rules of court now require or invite the parties to consider alternative dispute resolution before trial.
The process
What happens in practice
A matter usually begins with a letter of demand or a response to one. Where the dispute does not resolve, proceedings are commenced by filing the originating process with the claimant's statement of claim, witness statements and the documents relied upon. The defendant files a defence, and sometimes a counterclaim, within the time the rules allow.
The matter then proceeds through pre-trial conference or case management, to trial, where witnesses are examined and cross-examined, and to written addresses and judgment. Interlocutory applications — for injunctions to preserve the position, for summary judgment, or to strike out a defective process — may be made along the way.
At any stage the parties may settle, and terms of settlement can be entered as the judgment of the court. Appeals lie from the High Court to the Court of Appeal and, with some limits, to the Supreme Court.
Our role
How the firm acts
We review the documents and the correspondence first and advise on the position before anything is filed — including limitation, jurisdiction and the costs and time a claim is likely to involve. Where the dispute can be resolved by negotiation or mediation, we say so.
Where it proceeds, we draft and file the processes, prepare witnesses, appear at every stage of trial, and take or respond to appeals. Our counsel appear before the Magistrate, Customary and High Courts in Benue and Nasarawa States, the High Court of the Federal Capital Territory and the Federal High Court.
Questions
Questions clients commonly ask
I have been served with court papers. What should I do first?
Note the date on which you were served and bring the papers to a lawyer promptly. The rules fix a short period within which you must enter appearance and file a defence, and missing it can allow the other side to seek judgment in default.
How long do I have to bring a claim?
It depends on the type of claim. Limitation periods differ for contract, tort, recovery of land and other actions, and some claims against public officers have very short periods. Take advice early rather than assume there is time.
Can a dispute be settled without going to court?
Often, yes. Negotiation, mediation and arbitration are all available, and a settlement can be recorded as a binding agreement or, where a case is already in court, entered as the judgment of the court.
What documents should I bring to a first meeting?
Every document connected with the dispute — agreements, receipts, letters, emails, messages, photographs and any court papers — together with the names of anyone who witnessed the events.
Please do not send confidential or sensitive information through this website. Contacting the firm does not create a lawyer–client relationship, and no such relationship exists until the firm has confirmed in writing that it is able to act for you.