Glossary of Civil Procedure Terms — Nigeria

Introduction

This glossary defines key terms in Nigerian civil procedure, governed by the High Court Civil Procedure Rules of each state and the Federal High Court, as well as the Sheriffs and Civil Process Act and other procedural legislation.

Glossary

Action

A civil proceeding commenced by a writ or other originating process in a court of law.

Affidavit

A written statement of facts sworn or affirmed before a person authorized to administer oaths, used as evidence in civil proceedings.

Appeal

A proceeding to challenge the decision of a lower court in a higher court. Appeals may be as of right or with leave.

Case Management

The court’s power to manage the conduct of proceedings to ensure efficient and just resolution of disputes, including setting timetables and ordering alternative dispute resolution.

Claim

A demand for a remedy in civil proceedings, including claims for damages, specific performance, or injunctions.

Costs

Expenses of litigation, including court fees, legal fees, and disbursements. The court may order costs against the unsuccessful party.

Counterclaim

A claim brought by a defendant against a plaintiff in the same proceedings, which may be set off against the plaintiff’s claim.

Default Judgment

Judgment entered against a defendant who fails to file a defense or comply with procedural requirements.

Discovery

The pre-trial process of disclosing documents and information relevant to the proceedings, governed by the Rules of Court.

Garnishee Proceedings

A procedure to enforce a judgment by attaching debts owed to the judgment debtor by third parties.

Injunction

A court order requiring a party to do or refrain from doing a specified act. Interlocutory injunctions are granted pending trial; perpetual injunctions are granted at final judgment.

Interlocutory Application

An application made during the course of proceedings for procedural or interim relief, including applications for extension of time, discovery, or summary judgment.

Judgement

The final decision of a court in civil proceedings, determining the rights and obligations of the parties.

Leave of Court

Permission of the court required to take specified procedural steps, including commencing certain proceedings or filing appeals out of time.

Originating Summons

A procedure for commencing proceedings where the dispute involves questions of law or interpretation of documents rather than substantial factual disputes.

Pleadings

Formal written statements of the parties’ claims and defenses, including the statement of claim, defense, reply, and counterclaim.

Subpoena

A court order requiring a person to attend court to give evidence or produce documents. Non-compliance is punishable as contempt of court.

Summary Judgment

Judgment entered without a full trial where there is no genuine issue to be tried and the claimant is entitled to judgment as a matter of law.

Trial

The hearing of evidence and argument in a civil proceeding, resulting in a judgment determining the dispute.

Writ of Summons

The originating process commencing a civil action, requiring the defendant to enter appearance within a specified time.