Courts with Civil Jurisdiction

Overview of Civil Litigation

Generally, there are two types of proceedings before a court of law: civil proceedings and criminal proceedings. Civil litigation involves rules and procedures that regulate the conduct of civil proceedings in court - the methods whereby such proceedings are commenced, the steps that are to be taken, and the modes of enforcing the resultant judgment.

Civil litigation is mainly concerned with the enforcement of private rights. It refers to all processes and procedures relating to civil actions in court, including pre-action notices, pre-action counselling, originating applications, originating processes, pleadings, interlocutory applications, trials, appeals, and applications pending appeal.

Civil Dispute Resolution Mechanisms

Civil dispute resolution mechanisms comprise:

1. Litigation;
2. Alternative Dispute Resolution (ADR).

Litigation

An action brought by a person (Plaintiff or Claimant) against another person (Defendant) based on legal principles, by which the former asserts some rights or legal entitlements from the latter. The adversarial parties appear before a judge who decides the dispute on the weight of evidence adduced and the applicable law.

Disadvantages / Features of Litigation

1. It is state-controlled;
2. It is time-consuming;
3. The outcome is win/lose;
4. It is rigid and technical;
5. It is publicly conducted;
6. It is lawyer-dominated.

Cases Best Suited for Litigation

1. Where time is of essence;
2. Interpretation of legal documents;
3. Criminal cases;
4. Emergency situations;
5. Need for precedent.

Alternative Dispute Resolution (ADR)

Methods and procedures used to resolve disputes either as alternative or supplementary to traditional court mechanisms. ADR can be court-connected (e.g. Lagos Multi-Door Court House) or independent (e.g. Lagos Court of Arbitration). Settlements may be reduced into a written agreement and filed in court as a consent judgment.