Week 5 Civil Litigation: Preliminary Considerations & Commencement of Actions in Magistrate/District Courts
Justice Joust Editorial
Legal Content Team
Download The Ethics Brief
- Pre-Action Notices: Mandatory conditions precedent that strip the court of jurisdiction if ignored.
- Immunity under Section 308: The President, VP, Governors & Deputy Governors are untouchable while in office.
- Pre-Action Counseling: FCT 2025 Form 6 vs Lagos 2019 Protocol Form 01.
- Magistrate/District Court Jurisdiction: N10M (Lagos) vs N7M (Abuja) limits.
- Modes of Commencement: Action By Claim (FAR ENDS mnemonic) vs Originating Application.
- Ordinary Summons vs Summary Summons & their distinct lifespans and defence timelines.
- Small Claims Court: Letter of Demand, 60-day lifespan, and strict form-based procedure.
Welcome to Week 5 of Civil Litigation: Preliminary Considerations and Commencement of Actions in the Magistrate / District Courts.
Before rushing to file a lawsuit, a lawyer must carefully evaluate preliminary issues to ensure the action is competent. If the preliminary hurdles are cleared, the next step is determining the right court and the proper procedure to commence the action.
Here is a comprehensive, exam-focused breakdown of Week 5, incorporating the current High Court of the FCT (Civil Procedure) Rules 2025, the Lagos State Magistrates' Court Law 2009, and relevant case law.
1. Pre-Action Considerations
Before drafting any court process, you must consider several preliminary factors to avoid your case being struck out for incompetence.
Pre-Action Notices / Conditions Precedent
Certain statutes mandate that you give a prospective defendant formal notice before suing them (e.g., Section 11(2) of the NNPC Act requires a 1-month notice). Failure to serve a mandatory pre-action notice strips the court of jurisdiction and the case will be struck out.
Required Contents of Notice
- The cause of action
- Name and address of the plaintiff
- Reliefs sought
As established in Amadi v. NNPC and Mobil v. LASEPA.
Immunity
Under Section 308 of the 1999 Constitution, the President, Vice President, Governors, and Deputy Governors enjoy absolute immunity from civil and criminal proceedings while in office. You cannot sue or subpoena them, but they can sue in their personal capacity (Duke v. Global Excellence). Diplomats also enjoy immunity under the Diplomatic Immunities and Privileges Act.
Pre-Action Counseling / Protocol
In Abuja (FCT 2025 Rules)
Order 2 Rule 8 mandates the filing of a Certificate of Pre-Action Counseling (Form 6) signed by both counsel and the litigant, certifying they have discussed the strengths/weaknesses of the case and explored ADR.
In Lagos (2019 Rules)
The claimant must frontload a Pre-Action Protocol Form 01, sworn on oath, showing attempts to settle the matter out of court.
Limitation of Action
Ensure the case is not statute-barred. Time begins to run from when the cause of action accrues.
2. The Magistrate Court (Lagos) & District Court (Abuja)
Magistrate Courts are inferior courts of record created by State Laws (Section 6(4)(a) of the Constitution). In the Southern states and Lagos, they are called Magistrate Courts; in the Northern states and the FCT, they are called District Courts when exercising civil jurisdiction.
Key Features & Ethics
Summary Jurisdiction
They operate quickly without elaborate pleadings, discovery, or pre-trial conferences.
Adjournments
Strictly limited. In Lagos, after a matter is set for trial, non-contested civil cases get a maximum of 2 adjournments, and contested cases get a maximum of 4 adjournments (each not exceeding 14 working days).
Judgments
Must be delivered within 21 working days from the conclusion of trial.
Addressing the Court
Magistrates in Lagos are addressed as "Your Honour", while in Abuja and other jurisdictions they are addressed as "Your Worship". They wear a black magistrate gown.
Appointments
Appointed by the State Judicial Service Commission, requiring a minimum of 5 years post-call experience.
Lagos Monetary Limit
N10,000,000
For all personal actions (contract, tort) and landlord/tenant matters (Section 28 MCL 2009).
Abuja (FCT) Monetary Limit
N7,000,000
For a Chief District Court Judge I (District Courts Increase of Jurisdiction Order 2021).
Restriction
Magistrate/District Courts completely lack jurisdiction over title to land, validity of wills, or settlements.
3. Modes of Commencement in the Magistrate Court
In Lagos, civil actions in the Magistrate Court are commenced in two main ways: By Claim or By Originating Application.
A. Action By Claim (Default Mode)
This is the most common method. Used if the defendant resides/carries on business in Lagos, or if the cause of action arose wholly or partly in Lagos.
Procedure Mnemonic: FAR ENDS
- FFile the Claim and Particulars of Claim at the registry.
- AAssessment of the fees by the registry.
- RRequisite filing fees must be paid.
- EEntry of the claim in the civil cause book by the Registrar.
- NNumbering of the action.
- DDelivery of the claims to the designating magistrate.
- SService to be effected on the other party.
Once the claim is entered, the court issues a summons. There are two types of summons under a Claim:
1. Ordinary Summons
For Contentious Matters
- Issued by default for contentious matters.
- Return date must be not less than 5 days after service.
- Lifespan: 3 months in Lagos; 6 months in Abuja. If not served within this period, it becomes void — a fresh action must be filed.
- Defence: Defendant must file within 6 days of service.
2. Summary Summons
For Liquidated Money / Debt
- Used for non-contentious recovery of debt or liquidated money demands.
- Claimant must specifically request this by attaching a letter of request to the claim.
- Lifespan: 3 months. If not served in time, not strictly void — claimant can apply to exchange it for an Ordinary Summons before the 3 months expire.
- Defence: Defendant must deliver notice of intention to defend within 5 days of service.
B. Action By Originating Application
Used when authorized by a specific statute or for declarations of right where facts are undisputed.
- Condition: The claimant must reside or carry on business in Lagos, AND the subject matter must be in Lagos. (No requirement for the defendant to reside in Lagos).
- Procedure: Brought by way of a motion (ex-parte or on notice) supported by an affidavit and written address, and usually heard in chambers.
- Parties: Designated as Applicant/Respondent.
4. Service of Processes in the Magistrate Court
Who Serves
Service is effected by the Bailiff, a Police officer, or a person designated by the Magistrate.
Time of Service
Monday to Saturday, between 6:00 am and 6:00 pm. (No service on Sundays or Public Holidays).
Personal Service (Default Mode)
The document must be delivered directly to the individual. For a company, it is delivered to the Secretary or a person with executive authority. (Note: Mark v. Eke established that substituted service cannot normally be ordered against a company, though rules now permit delivery to registered addresses).
Substituted Service (Order 5 Rule 2 MCR)
If personal service is impossible, the claimant must apply by Motion Ex-Parte supported by an affidavit. Methods include delivery to an agent, courier service, newspaper advertisement, or pasting the process on a conspicuous part of the defendant's last known address.
Service Outside Lagos (Order 5 Rule 3 MCR)
No summons can be issued for service outside Lagos without the written permission/leave of the Magistrate Court.
Proof of Service
The process server must depose to an Affidavit of Service containing the date, time, place, and mode of service. This must be filed within 2 days of service; otherwise, the Magistrate will reject it.
5. The Small Claims Court (Lagos)
Created via the Small Claims Court Practice Directions 2018, this court fast-tracks simple debt recovery.
Jurisdiction
Strictly for liquidated monetary demands not exceeding N5,000,000 (Five Million Naira) (excluding interest and costs).
The Claimant OR Defendant must reside/carry on business in Lagos, or the cause of action must have arisen in Lagos.
Mandatory Condition Precedent
The Claimant MUST serve a Letter of Demand (Form SCA 1) on the defendant before suing. This is a jurisdictional requirement.
Procedure & Forms
- Form SCA 2Commenced by filing a Small Claims Complaint Form.
- Form SCA 3The Registrar issues a Summons, which the Sheriff must serve within 7 days.
- Form SCA 6The Sheriff files an Affidavit of Service within 2 days of service.
- Form SCA 4If service fails, an Affidavit of Non-Service is filed, and the Claimant can apply for Substituted Service via Motion Ex-Parte (Form SCA 7).
- Form SCA 5The Defendant must file a Defence/Admission/Counterclaim within 7 days of being served.
Strict Timelines
Summary / Exam Hacks 🧠
Ready to test your knowledge?
Try this quick 3-question Joust taken straight from our past questions database.
Civil Litigation Week 5 Mini-Joust
A failure to serve a mandatory pre-action notice on a defendant before suing has which of the following consequences?
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