Nigeria: Civil Law

This article examines the statutory framework governing committal proceedings in Nigeria, focusing on the Sheriffs and Civil Process Act and the procedural mechanisms of Forms 48 and 49. It analyzes the practical application...

The Arbitration and Mediation Act 2023 establishes a carefully balanced framework for challenging arbitral awards in Nigeria, providing exhaustive statutory grounds while preserving the finality principle central to arbitration. This analysis examines the six specific grounds upon which courts may set aside awards, the strict three-month limitation period for applications, and the innovative procedural mechanism allowing tribunals to cure defects before judicial annulment.

A Lagos High Court has ruled that estate residents' associations and their security service providers can be held liable in negligence when security protocol failures result in property loss. The judgment establishes critical precedents regarding duty of care, protocol enforcement, and the shared responsibility framework governing gated community security in Nigeria.

Most times a Claimant knows his right(s) has been infringed upon or a wrong has happened against him but cannot claim damages against the wrongdoer due to lack of evidence to prove the wrongdoing...

The Court of Appeal's decision in Rothmans of Pall Mall v. Kasmal International Services Ltd. addresses a fundamental question of procedural fairness: what happens when a trial court enters judgment without properly notifying the defendant of hearing dates?

When a person dies, the question as to what happens to the assets left behind usually arises. This is because the death of an individual is not an instant termination of the legal rights and interests the person...

Re-echoing The Decision In Effiong Omon v Rosemary Effiong [2004] 13 NWLR (Pt. 889) 45 On The Impropriety Of Employing Motion Ex parte As A Mode Of Commencement Of Civil Suits.

The essence of civil proceedings is for the judgment creditor to enjoy the fruits of his Judgment.

A person instituting an action (Claimant) must include the Pre-action protocol form 01 with other supporting documents.