BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Jabita v. Onikoyi
  • 233
  • 2004-11-15
  • ₦ 200
  • Buy Now

Jabita v. Onikoyi

PA. B. JABITA

ALHAJI (ARCH) RAFIU ONIKOYI

MR. RAJI FAGBEMI ONIKOYI

MR. JIMOH OGUNLANA ONIKOYI 5.     MR. MURI ONIKOYI

( For themselves and on behalf of Dosunmu Ruling House of Onikoyi Chieftaincy Family of Lagos)

V

CHIEF PATRICK IBIKUNLE ONIKOYI

( Chief Onikoyi of Lagos )

ALHAJI LATEEF KEHINDE ONIKOYI

PRINCE RASHEED OLATUNJI ONIKOYI

PROFESSOR ALIYU BABATUNDE FAFUNWA

ALHAJI ABDUL GANIU ONIKOYI

( For themselves and on behalf of Muti Ruling House

of Onikoyi Chieftaincy Family of Lagos)

MINIMEX NIGERIA LIMITED

TORNEY-GENERAL OF LAGOS STATE

 COMMISSIONER FOR LANDS AND HOUSING, LAGOS STATE THE REGISTRAR OF TITLES, LAND REGISTRY, LAGOS STATE

PERSONS UNKNOWN

HIGH COURT OF LAGOS STATE

( LAGOS DIVISION )

CANDIDE-JOHNSON J.

LD/513/04

WEDNESDAY, 15TH SEPTEMBER, 2004

CHIEFTAINCY MATTER - Onikoyi Chieftaincy Family of Lagos Dispute concerning same submitted to court for adjudication

vide suit No. LD/513/04 - Path to resolution of dispute managerially articulated by the court pursuant to the case management functions of the court under the High Court of Lagos State (Civil Procedure) Rules, 2004

COURT - ‘Front-loading’ concept and case management - Nature and purpose of

COURT - Amicable settlement of disputes - Duty of Judges to promote and facilitate amicable settlement of disputes in appropriate circumstances - Section 24, High Court Law of Lagos State - Role of Judge as managerial Judge in respect of under High Court of Lagos State (Civil Procedure) Rules, 2004

COURT - Case management and judicial control of cases - Role of Judge as managerial Judge to ensure economical disposal of cases - Place of High Court of Lagos State (Civil Procedure) Rules, 2004, in that respect

COURT - Front-loading and pre-trial conference stages - Judge’s role as facilitator of active case management of dispute based on up-front disclosure of full case of both parties

COURT - Front-loading elements under Order 3, rule 2 of the High Court of Lagos State (Civil Procedure) Rules, 2004 - Failure of compliance with provisions of - Proper order court may make

COURT - Judges - Status of as ‘managerial Judge’ under the High Court of Lagos State (Civil Procedure) Rules, 2004 - Responsibility of to use the tool of case management and judicial control to ensure economical disposal of cases

DISPUTE RESOLUTION - Lagos Multidoor Court House - Different fora for dispute resolution - Litigation at the High Court, Alternative Dispute Resolution with components of Mediation, Arbitration, Early Neutral Evaluation at the ADR centre

JUSTICE - Justice delivery system in Lagos State - Cultural manner of conducting - Effect of High Court of Lagos State (Civil Procedure) Rules, 2004, thereon

PLEADINGS - Front-loading requirements under High Court of Lagos State (Civil Procedure) Rules, 2004 - Need for pleadings to conform with

PRACTICE AND PROCEDURE - Amicable settlement of disputes - Duty of Judges to promote and facilitate amicable settlement of disputes in appropriate circumstances - Section 24, High Court Law of Lagos State - Role of Judge as managerial Judge in respect of under High Court of Lagos State (Civil Procedure) Rules, 2004

PRACTICE AND PROCEDURE - Case management and judicial control of cases - Role of Judge as managerial Judge to ensure economical disposal of cases - Place of High Court of Lagos State (Civil Procedure) Rules, 2004, in that respect

PRACTICE AND PROCEDURE - Front-loading and pre-trial conference stages - Benefits of - Order 3, rule 2(1) and (2), High Court of Lagos State (Civil Procedure) Rules, 2004

PRACTICE AND PROCEDURE - Front-loading and pre-trial conference stages - Judge’s role as facilitator of active case management of dispute based on up-front disclosure of full case of both parties

PRACTICE AND PROCEDURE - Front-loading elements under Order 3, rule 2 of the High Court of Lagos State (Civil Procedure) Rules, 2004 -  Failure of compliance with provisions of - Proper order court may make

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil Procedure) Rules, 2004 - Cases filed before the Rules came into operation - Applicability of Order 1(1) of the 2004 Rules thereto

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil

Procedure) Rules, 2004 - Mandatory provisions of on documentation for filing at Registry - Fundamental duty of claimants and defendants/counter-claimants to comply with

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil Procedure) Rules, 2004 - Need to uphold objectives of so as to achieve set purpose

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil

Procedure) Rules, 2004 - Phrase ‘in respect of steps to be further taken’ under Order 1(1) of the Rules - Proper interpretation of PRACTICE AND PROCEDURE - High Court of Lagos State (Civil

Procedure) Rules, 2004 - Provisions of - Effect of on cultural manner of conducting business within the justice delivery system in Lagos State

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil

Procedure) Rules, 2004 - Provisions of as steering force in achieving global standard and effective justice delivery system through proactive management approach

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil

Procedure) Rules, 2004 - Reformist and revolutionary nature of

PRACTICE AND PROCEDURE - High Court of Lagos State (Civil Procedure) Rules, 2004 - Suits instituted prior to enactment and operation of - Need to conform therewith

PRACTICE AND PROCEDURE - Pleadings -  Need to conform with front-loading requirements under High Court of Lagos State

(Civil Procedure) Rules, 2004

STATUTE - Front-loading elements under Order 3, rule 2 of the High Court of Lagos State (Civil Procedure) Rules, 2004 - Failure of compliance with provisions of - Proper order court may make

STATUTE - High Court of Lagos State (Civil Procedure) Rules, 2004 Phrase ‘in respect of steps to be further taken’ under Order 1(1) of the Rules - Proper interpretation of

STATUTE - High Court of Lagos State (Civil Procedure) Rules, 2004 - Reformist and revolutionary nature of

Issues:

1.              Whether having breached the provisions of Order 3, rule 2(1) and (2) of the High Court of Lagos State (Civil Procedure) Rules, 2004, on front-loading, the claimants and defendants/ counter-claimants’ cases are nullities.

2.              What are the effects of the managerial role of a Judge and his case management’s functions on the resolution of disputes?

Facts:

This suit was filed on 5 March, 2004 in respect of a dispute concerning the Onikoyi Chieftaincy Family of Lagos State. The 3rd and 4th defendants/ counter-claimants vide a motion dated 28 June, 2004, sought for dismissal orders on the ground that the case disclosed no reasonable cause of action and that the suit was an abuse of court process. They also sought for final judgment as per the 3rd and 4th defendants/counter-claimants.

Although the High Court of Lagos State (Civil Procedure) Rules, 2004 , commenced on 4 March, 2004, it actually came into operation on  16 June, 2004. Pursuant to Order 3, rule 2(1) and (2) of the said Rules, the parties filed written addresses in support of the said motion. Furthermore, the parties failed to comply fully with Order 3, rule 2(1)(b)(c) and (d) and (2)  which provides :

“2(1) All civil proceedings commenced by writ of summons shall be accompanied by:

(a)           Statement of claim

(b)           List of witnesses to be called at the trial

(c)           Written statements on oath of the witness and

(d)           Copies of every document to be relied on at the trial

2. Where a claimant fails to comply with rules 2(1) above, his originating process shall not be accepted for filing by the Registry.”

All the pleaded documents were not annexed to the statement of claim and the list of witnesses did not include such potential witness as the licensed surveyor in the light of the allegation by claimants that 10 plots of land in a layout plan LS/D/LA1138 form part of the “bigger land in suit LD/1172/93 and shown on plan No. GF 1558”. Parties did not thus comply with Order 1(1) of the Lagos State Rules which specifies that the “rules shall apply to all proceedings including all part-heard causes and matters in respect of steps to be further taken in such causes and matters”.

The court reviewed the case as presented in the light of the 2004 Rules and, in particular, considered the pertinent essence of front-loading, case-management, case-tracking, Alternative Dispute Resolution and Mediation. The court articulated the possible path for amicable resolution of the case pursuant to the managerial role of a Judge under the 2004 Rules and pursuant to section 24 of the High Court Law of Lagos State, which makes the Judge the facilitator of amicable settlement of disputes in appropriate circumstances.