Pre-Action Protocol under the Lagos State High Court (Civil Procedure) Rules 2019
Pursuant to Order 5 Rule 1 (2)(e) and Order 5 Rule 5(3)(d) of the Lagos State High Court (Civil Procedure) Rules 2019, parties are required to file a pre-action protocol form along with supporting documents. The objectives of the pre-action protocol are:
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To ensure the just, expeditious, and economical disposal of civil disputes.
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To promote amicable settlements or the adoption of Alternative Dispute Resolution (ADR) mechanisms.
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To facilitate the disposal of matters that must be addressed through interlocutory applications.
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To discourage the filing of frivolous and unnecessary lawsuits.
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To reduce the caseload of the courts.
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To encourage dispute resolution without resorting to formal litigation.
The Practice Direction No. 2 of 2019: Pre-Action Protocol: underscores that civil proceedings should aim to resolve genuine disputes promptly and efficiently and any other purpose constitutes an abuse of court process.
Contents of Pre-Action Protocol Bundle in Lagos State
Under the Lagos State High Court Rules, Pre-Action Protocol Form 01 includes:
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Court heading: The judicial division, names of parties, and suit number.
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Pre-action protocol form 01: A statement confirming the parties’ attempts to settle the dispute amicably and the issuance of a memorandum of claim.
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Memorandum of claim: A written document setting out the claim, relief sought, and options for settlement.
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Evidence of settlement attempts: Documents proving that parties attempted to resolve the dispute out of court.
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Dates and service address
Sanctions for Non-Compliance in Lagos State
Failure to comply with pre-action protocol requirements in Lagos may result in:
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Dismissal of the action due to procedural defects (Order 5 Rule 1(5)).
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Rejection of originating processes by the registry, thereby depriving the court of jurisdiction (Spog Petrochemicals Ltd. v. P.P.L. Ltd (2018) 1 NWLR (Pt. 1600)).
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Default judgment: If a respondent fails to file a response, the claimant may proceed with litigation and obtain judgment.
Timeframe for Compliance in Lagos State
Parties must exchange pre-action correspondence within a reasonable timeframe, typically 14 days, before filing a case. This ensures adequate time for ADR, negotiation, and mediation.
Pre-Action Protocol under the Abuja High Court (Civil Procedure) Rules 2018
Pursuant to Order 3 Rule 8(2) of the Abuja High Court Civil Procedure Rules 2018, parties are required to file a pre-action protocol as in Form 06 upon filing an originating process. The Abuja Rules mandate that parties attempt to resolve disputes before initiating litigation.
Unlike Lagos, Abuja’s pre-action protocol is less formalized and lacks strict enforcement mechanisms. The procedural requirements are outlined in the Court User Guide and related documents but do not specify detailed documentation as seen in Lagos.
Objectives of Pre-Action Protocol in Abuja
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Encouragement of ADR mechanisms.
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Establishment of pre-litigation correspondence.
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Proof that parties made genuine efforts to resolve the dispute before litigation.
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Reduction of judicial burden and promotion of expeditious settlement.
Pre-Action Protocol Requirements in Abuja
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Pre-Action Counseling Certificate (Form 06): Confirms that legal counsel has advised the client on the strengths and weaknesses of the case.
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Less Specific Protocols: Unlike Lagos, Abuja does not have case-specific pre-action protocols or stringent documentation requirements. However, the Pre-Action Counseling Certificate must include the name and signature of the legal practitioner.
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Statement of Compliance: A declaration confirming adherence to the pre-action protocol must accompany the originating processes.
Sanctions for Non-Compliance in Abuja
Unlike Lagos, the Abuja High Court does not impose strict sanctions for non-compliance. Failure to adhere to pre-action protocol requirements is unlikely to result in case dismissal. Instead, the judge may advise parties to comply before proceeding with litigation.
Distinctions Between Lagos and Abuja Pre-Action Protocols
While both courts aim to encourage dispute resolution and minimize unnecessary litigation, their approaches differ in key aspects:
Conclusion
The pre-action protocol requirements in Lagos and Abuja High Courts serve to promote early dispute resolution, reduce court congestion, and encourage amicable settlements. Lagos State’s requirements are more structured, explicit, and strictly enforced, particularly regarding ADR and compliance. In contrast, Abuja’s pre-action protocols offer more flexibility and discretion, making litigation more accessible even in cases of non-compliance.
While both courts strive to achieve efficiency in civil litigation, the Lagos State High Court has a more rigid and formalized approach, whereas the Abuja High Court allows more procedural leniency in practice.