In Nigeria, commercial litigation refers to the process of resolving any commercial issues by instituting an action in court that has its origin rooted in Common English Law. A commercial dispute may arise between different Nigerian Parties to a transaction or it can also arise between international parties where a connection of Nigerian Factors is traced.
Lots of commercial complexes and disputes can be resolved through commercial litigation in Nigeria. Therefore, the demand for hiring experienced Litigation lawyers has reached its peak. Without hiring an experienced lawyer, the entire process of commercial litigation becomes more difficult. The commercial litigation process in Nigeria is commenced in the State High Courts or Federal High Court. If you ever need to go through the commercial litigation process, make sure to hire a professional lawyer. Our team of lawyers and alternative dispute resolution expert ease the entire process for you.
Commercial Litigation is governed and regulated with various sources of laws such as:
- The law related to the Federal Republic of Nigeria 1999 includes various Section 230(1), 237(1), 249(1), 270(1), and jurisdictions of each court.
- Different statues
- Judicial exemplar,
- Courts’ rules and practice directions.
Jurisdiction of Court related to Commercial Litigation
The jurisdiction of the court enables a court to resolve commercial disputes between two or more parties. Every court in Nigeria follows some strict laws. The law in a particular court establishes and defines the jurisdiction of such a court. The entire commercial litigation process is full of complexity. Litigation lawyers work hard to make the process easy for normal people. After the case of Madukolu & Ors vs. Nkemdili in 1962, the Supreme Court has issued a bunch of conditions that the jurisdiction of any court has to follow.
- The court has to be constituted properly following the number and qualification of its members.
- The subject matter of any dispute has to be put within the jurisdiction of the court. No feature can prevent the court from practicing its jurisdiction.
- The case has to be brought to court through due process only after the fulfillment of relevant provisions on condition exemplar.
Capacity to institute commercial litigation in Nigeria
According to experienced litigation lawyers, before attempting any commercial litigation as a claim in court, both parties have to consider certain conditions. Following are some instances of such conditions:
- The limitation period for any commercial claims depends on the nature of the claim. For instance, the limitation period to issue an action for a simple contract is six (6) years as per Section 8 of the Limitation Law of Lagos State, 2003.
- The court has the right and possesses a competent jurisdiction to decide any litigation.
- The issuance of pre-action follows the letters of demands whenever required and applicable.
- Litigation requires the appropriate names of parties. If the parties or a party is an organization or company, the names need to be registered with the CAC (Corporate Affairs Commission )
- Make sure that the remedies available to the litigant.
- The civil procedure is ultimate. It regulates and rules the court.
- There have to be recourses to any form of variations that are associated with the dispute resolution mechanisms prior to beginning the litigation process.
- Parties need to look into the cost of the litigation procedure.
Substitute Dispute Resolution
When it comes to the Substitute Dispute Resolution, the following are the process of Substitute dispute resolution in Nigeria:
- Negotiation
- Mediation
- Conciliation
- Arbitration
The above mentioned is an overview of Commercial Litigation in Nigeria. At eLegal Consultants, we have a team of expert Litigation Lawyers and Attorneys in Nigeria to ease the Commercial Litigation and legal services. Apart from that, we also facilitate company registration process with our team of affordable Company Registration lawyers in Nigeria. You can consult us to learn more.
