PRACTICE DIRECTIONS FOR THE MANAGEMENT OF CASES ON FAST TRACK 2008 LAGOS STATE
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PRACTICE DIRECTIONS FOR THE MANAGEMENT OF CASES ON FAST TRACK 2008 LAGOS STATE
Objective of the Fast Track Court
The main objective of the Fast Track Court is to reduce the time spent on litigation to a period not exceeding 8 months. After the commencement date of these Practice Directions, final judgment in a case allocated to the Fast Track should be delivered within 8 months of the date of filing.
Application of the High Court of Lagos State (Civil Procedure) Rules 2004
- The High Court of Lagos State (Civil Procedure) Rules 2004 shall apply to cases allocated to the Fast Track subject to such modifications as are effected by these Practice Directions.
Cases qualified for the Fast Track
- A suit shall qualify for the Fast Track where –
(a) The total sum of claims or counterclaims is N100,000,000 (One hundred million naira) or more; or
(b) One or more of the parties is a non-resident investor in the Nigerian economy or
(c) The Claim involves a mortgage transaction.
Identification mark and speedy processing
- Where a case satisfies any of the criterion in clause 2 above, the Assistant Chief Registrar or other person in charge of the Litigation Section shall cause the Originating Processes to be marked “QUALIFIED FOR FAST TRACK”.
Time for Completion of Registry Processes
- All filing and service of processes in the Registry shall be concluded not later than 8 weeks from the filing date of the Originating Process the 42 day response time for the Defense inclusive.
Time to apply for Hearing in the Fast Track Court
- Where a suit qualifies for the Fast Track procedure and a Claimant so consents, the Claimant shall apply for the issuanceof a Pre-Trial Conference Notice as in Forms 17 and 18 within 7 days of the close of pleadings, and his application shall include a formal request for Fast Track allocation.
Pre-Trial
Pre-Trial Conference in Fast Track Cases
- Where a Claimant has requested for Fast Track allocation, the Pre-Trial Conference Information Sheet to be issued to the parties and their Legal Practitioners (if any) shall include the following question:
“Do you consent that this case be allocated to the Fast Track and managed according to the applicable practice directions? If not, state your reasons below.”‘
Time Limited for Pre-Trial Conference
- Once a case is allocated to the Fast Track, the Pre-Trial Conference or series of Pre-Trial Conferences in that case shall be held from day to day or adjourned only for the purpose of compliance with Pre-Trial Conference orders. Provided that the Pre-Trial Conference or series of Pre-Trial Conferences shall be completed within a period of 30 days.
Extension of Time for Pre-Trial Conference
- Where the Pre-Trial Judge determines that an extension is necessary, he may allow the Pre-Trial Conference to continue for a further period of 14 days only without reference to the Chief Judge.
Trial
Commencement of Trial and Time Table
- (a) Immediately upon completion of Pre-Trial Conference and upon the issuance of the Pre-Trial Report, the case file shall be forwarded to the Administrative Judge for assignment to a Trial Judge who shall thereafter, cause Hearing Notices to issue to the parties as in Form PDI.
(b) At the first appearance of the parties before the Trial Judge, the Court may approve directions proposed by the parties’ if
(i) the parties have filed agreed directions for the management of the case, and or
(ii) The Court considers that the directions are suitable.
(c) After considering the parties’ agreed directions (if any), the Court shall give directions for the trial, including a trial time table which it considers appropriate.
Variation of Directions
- (a) Where there has been a change in the circumstances since trial directions were issued, the court may set aside or vary any of the directions based on an application or on its own initiative.
(b) Where the parties agree about changes to be made to the trial directions given, they must immediately apply for an order by consent, including an agreed statement of the reasons why the variation is sought.
(c) Where the court varies any direction because of a defaulting party or his legal representative, it may impose costs and daily default fees as prescribed in the Rules.
(d) The court may make an order of variation without a hearing.
Enforcement of Compliance with Directions
- (a) Where a party has failed to comply with a Court direction, any other party may apply for an order to enforce compliance or for a sanction to be imposed or both.
(b) Failure to comply with directions will not lead to the postponement of the trial unless the circumstances of the failure are exceptional.
Applications to be Made and Heard Timorously
- (a) Where a party needs to make any application which is not included in the trial time table, he must do so as soon as possible so as to minimise the need to change the time table.
(b) The Court shall make arrangements to ensure that applications and other hearings are made promptly to avoid delay in the conduct of cases in the Fast Track.
Trial Proceedings from Day to Day
- Unless the trial court otherwise directs, the trial will be conducted from day to day and in accordance with any order previously made.
Adjournment for Shortest Possible Time Only
- (a) The court will regard the postponement of a trial as an order of last resort,
(b) Where the court has no option but to postpone the trial, it will do so for the shortest possible time.
Latest Date for End of Trial
- The entire trial period, including the final addresses of counsel shall not be later than 3 months from the date the trial directions are made. Provided that:-
(a) When the party beginning has concluded his evidence, the Judge shall ask the other party if he intends to call evidence.
(b) If the other party does not intend to call evidence, the party beginning shall within 14 days after close of evidence file a written address.
(c) Upon being served with the written address, the other party shall within 14 days file his own written address.
(d) Where the other party calls evidence he shall within 14 days after the close of evidence file a written address.
(e) Upon being served with the other party’s written address the party beginning shall within 14 days file his own written address.
(f) The party who files the first address shall have a right of reply on points of law only. The reply shall be filed within 7 days after service of the other party’s address.
Delivery of judgment
- In all Fast Track cases, the Judge shall endeavor to deliver judgment within 60 days of the completion of trial.
Form PDI
IN THE HIGH COURT OF LAGOS STATE
IN THE ……………….. JUDICIAL DIVISION
Hearing Notice for Fast Track Courts
SUIT No …………..
BETWEEN
……………………………………………………………………………. CLAIMANT
AND
………………………………………………………………………….. DEFENDANT
TO: ……………..
CLAIMANT’S COUNSEL ON RECORD
………………………………………
……………………………………….
AND
DEFENDANT’S COUNSEL ON RECORD
…………………………………….
…………………………………….
The above-named …………………………………………………….. case is now before this Honorable Court for trial and will be on the General Cause List for trial directions on …………….. day of …………………… 20 …………… at 9 o’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the parties.
Dated this………….day of………………………………20…………..
BY ORDER OF THIS COURT
…………………………………
REGISTRAR
Form 17
Hearing Notice for Pre-trial Conference
(O.25, R.1)
In the High Court of Lagos State
In the …………………………………. Judicial Division
Suit No ………… 20 ……
Between
A.B ………………………………………………………………………….. Claimant
And
C.D ………………………………………………………………………….. Defendant
To (insert name of parties) ………………………………………………………..
Take Notice that you are required to attend the Court No ……………… at the High Court of Lagos State at the …… Judicial Division, on the ……………… day of ………………….. 20 …. at 9 o’clock in the forenoon, for a Pre-Trial Conference for the purposes set out hereunder:
- (a) disposal of non-contentious matter which must or can be dealt with on interlocutory application;
(b) giving such directions as to the future course of the action as appear best adopted to secure its just, expeditious and economical disposal;
(c) promoting amicable settlement of the case or adoption of alternative dispute resolution.
- Please answer the questions in the attached Pre-Trial Information Sheet (Form 18) on a separate sheet and submit 7 clear days before the above mentioned date.
Take Notice that if you do not attend in person or by Legal Practitioner at the time and place mentioned, such proceeding will be taken and such order will be made as the judge may deem just and expedient.
DATED this ……………… day of ……………………………. 20 ………
Signed
……………….………….
Chief Registrar
FORM 18
Pre-Trial Information Sheet (0.25,r.l)
In the High Court of Lagos State
In the…………………. ………………………..Judicial Division…………… …20…………..
Between
A.B…………… ……………… …………….. ………………………………………………………….. …-Claimant
And
CD……………………………………………………………………………………Defendant
This Pre-Trial Information Sheet is intended to include reference to all applications which the
Parties would wish to make at the Pre-Trial Conference. Applications not covered by the
Standard questions raised in this Pre-Trial Information Sheet should be entered under item 12 below.
All parties shall, not later than 7 days before the first pre-Trial Conference, file and serve on all
Parties-
(a) All applications in respect of matters to be dealt with before trial including but not limited to the matters listed hereunder.
(b) Written answers to the questions contained in this Pre-Trial Information Sheet.
- Are amendments to any originating or other process required?
- Are further and better particulars of any pleading required? If so, specify what particulars arc required.
- Do you object to any interrogatories that may have been delivered pursuant to Order 26? Rule 1 of the High Court (Civil Procedure) Rules? If so, state the grounds of such objection in compliance with Order 26, rule 4 of the Rules.
- Do you object to producing any document in respect of which a request for discovery has been made pursuant to Order 26, Rule 8 (1) of the High Court {Civil Procedure) Rules? If so. State the grounds of such objection in compliance with Order 26, rule 8 (3) of the Rules.
- If you intend to make any additional admissions, give details.
- Will interpreters be required for any witness? If so. State in what language.
- Is this a case in which the use of a single or joint expert might be suitable? If not state reasons.
- Is there any way in which the court can assist the parties to resolve their dispute or particular issues in it without the need for a trial or full trial?
- Have you considered some form of Alternative Dispute Resolution (ADR) procedure toresolve or narrow the dispute or particular issues in it? If yes state the steps that have been taken. If not state reasons.
- State any question or questions of law arising in your case, if any, which you require to bestated in the form of a special case for the opinion of the Judge in accordance with Order 28 of the Rules,
- List the applications you wish to make at the pre-Trial Conference
- Do you consent that this case be allocated to the Fast Track and managed according to the applicable Practice Directions? If not. State your reasons below.’
DATED this……………..day of ………………………20………………………………….
Signed…………………
(Legal Practitioner for the……………………………………..)
For service on:
…………………………………………………….
Dated This 1st Day of February 2008
Under the Hands and Seal of
——————————–—————–
Hon. Justice A. A. Ade-Alabi
Chief, Judge of Lagos State
