Commencement of Action in the High Court
Pre-Action Protocol & Pre-Action Counselling
Before an action is commenced in the High Court of Lagos State or FCT Abuja, counsel is expected to comply with steps geared towards amicable settlement of dispute and avoid filing of frivolous suits. Compliance is evidenced by filing alongside the originating process:
| Jurisdiction | Required Form | Authority |
|---|---|---|
| Lagos | Pre-Action Protocol Form 01 | Order 5 Rule 1(2)(e) & Rule 5(3)(d) Lagos |
| FCT Abuja | Certificate of Pre-Action Counselling Form 6 | Order 2 Rule 2(2)(e) Abuja |
Abuja: the Certificate of Pre-Action Counselling is a statement that counsel has advised the party on the relative strength and weakness of the case and informed him of the opportunity for ADR; the counsel is willing to bear the cost of the suit where it turns out to be frivolous.
Lagos: the Pre-Action Protocol Form is a statement on oath of compliance with the protocol or steps for amicable settlement under the High Court of Lagos State Expeditious Disposal of Civil Cases and Practice Direction, 2019.
Venue or Judicial Division
By virtue of S272 CFRN, there is only one High Court per State. Judicial divisions are created for administrative convenience – Nigrate (Nig) Ltd v Danlami (Nig) Ltd. Venue must be considered - Order 3 Abuja; Order 4 Lagos.
Appropriate Venue by Type of Action
- Land matters - the judicial division where the land is situated;
- Actions against public officers, recovery of penalties or forfeitures - where the cause of action arose;
- Specific performance / breach of contract - where the contract ought to be performed, or where the defendant resides or does business;
- Every other action - where the defendant resides or carries on business.
Apart from land actions, where in doubt, use the defendant’s residence.
An action commenced in a wrong judicial division may continue to be tried there unless the Chief Judge directs otherwise – Order 4 Rule 3 Lagos 2019; Order 3 Rule 6 Abuja 2018. Wrong-division commencement is a question of forum conveniens, not jurisdiction - a challenge on jurisdiction grounds is bound to fail.
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