LAGOS STATE PRE-ACTION PROTOCOL [EXPEDITIOUS DISPOSAL OF CIVIL CASES] PRACTICE DIRECTION NO. 2 OF 2019

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

ARRANGEMENT OF DIRECTIONS

GENERAL PRE-ACTION PROTOCOL

PRE-ACTION PROTOCOL FOR DEFAMATION

PRE-ACTION PROTOCOL FOR MORTGAGES

PRE ACTION PROIOCOL FOR LAND MATTERS

PRE-ACTION PROTOCOL FOR RECOVERY OF DEBTS

PRE-ACTION PROTOCOL FOR RECOVERYOF PREMISES

FORM 01

STATEMENT OF COMPLIANCE WITH PRE-ACTION PROTOCOL

REPLY FORM

GENERAL PRE-ACTION PROTOCOL

PREAMBLE

1.       Pre-Action Protocols explain the conduct and sets out the steps required of parties prior to the commencement of proceedings to which the High Court of Lagos State (Civil Procedure) Rules apply. They are issued by the Chief Judge of Lagos State and form an integral part of the High Court of Lagos State (Civil Procedure) Rules.

2.       This Pre-Action Protocol applies to all actions instituted at the High Court of Lagos State and where claim-specific pre-action protocols exist, this pre-action protocol shall apply collaboratively with same PROVIDED THAT in the event of a conflict between this general pre-action protocol and a claim-specific pre-action protocol, the claim-specific pre-action protocol shall apply.

3.       Prior to the commencement of proceedings, the Court will expect parties to have engaged in pre-trial   correspondence sufficient to:

          a)      understand each other’s position;

          b)      make decisions about how to proceed;

          c)       try to settle the issues;

          d)      consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

          e)      support the efficient management of those proceedings;

          f)       reduce the costs of and delay in resolving the dispute.

STATEMENT OF COMPLIANCE WITH TH E PROTOCOL

1.       Where parties resort to litigation after attempts at settlement in accordance with this Practice Direction have  remained unsuccessful, a Pre-Action Protocol Form 01, accompanied by all pre-action correspondence duly acknowledged and exchanged between the parties and cogent evidence that ADR has been considered in accordance with this Protocol, must be made on oath (collectively referred to as the “Pre-Action Protocol Bundle” or “P-A-P-B”) and filed at the Registry with the appropriate originating process and other originating  documents.

2.       The Pre-Action Protocol Bundle and the Originating Processes and their accompanying documents must be spiral-bound separately.

3.       The Originating Processes shall be spiral bound separately with the documents arranged in the order in which they are listed in Order 3 Rule 2 of the High Court of Lagos State Civil Procedure Rules 2012 (or any   successive provision under an amended version of the rules).

4.       The Pre-Action Protocol Bundle, on the other hand, shall be spiral bound separately as well. The Pre-Action Protocol Form 01 shall precede every other pre-action protocol document and all other documents shall be arranged sequentially (as they arise or as they are listed in this practice direction).

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA