Pre-Trial Issues and Pre-trial

Proceedings
 LESSON OUTCOMES
• At the end of this lesson, the students will
be able to:
(i) Explain benefits of Pre-Trial Conference
(PTC) / Case Mgt. Conference (CMC);
(ii) Explain the procedure for settlement of
issues
(iii)Identify the Forms involved in PTC/CMC
(iv)List the Agenda for PTC/CMC;
(v) Explain sanctions for default in PTC/CMC
(vi) Explain conditions for striking out of pleadings
at pre-trial stage;
(vii)List the possible orders a Judge may make
during the pre-trial proceedings;
(viii)Explain the procedure for Discovery,
Production & Inspection of Documents
(ix) List the Grounds for objection to interrogatories
& Production of Documents;
(x) Explain the Effect of non-compliance with order
for Interrogatories, Discovery & Inspection
• At the close of pleadings, issues
would have been joined, and so the
next stage would be for the parties to
proceed to trial. But the Rules of
Courts provide for effective case
management so that only the real
issues in controversy between the
parties will be dealt with at the trial.
 Benefits of Case Management Conference

Benefits of PTC / CMC management

includes the following:
(a)It helps to eliminate issues that are
not in contention between the
parties, thereby helping the court to
focus on the main issues;
(b)It helps the court to achieve speedy
trial of the real issues;
• In general, the rules on pre-trial
proceedings are similar across
jurisdictions, but in this lesson
there is need to highlight the
specific provisions of the Abuja
and Lagos Rules on pre-trial
proceedings.
In Abuja:
(a)Within 7 days upon conclusion of
pleadings, the parties shall submit to the
Registrar in writing the materials issues in
controversy between them;
(b)The court shall note the issues and set
them down for trial;
(c)The pretrial Judge may settle any issue
on which the parties differ:
Or. 27 rr. 1 and 3, Abuja, 2018
(a)If any party fails to submit his /her own
issues in controversy, the court may set
down the matter for hearing based on the
issues submitted by the other party;
See Or. 27 r. 2, Abuja, 2018
(b)If neither of the parties submitted their
issues in controversy, the court shall give
them notice to attend settlement of issues
See Or. 27 r. 4, Abuja, 2018
• Also in Abuja, within that same 7 days
after close of pleadings the Claimant shall
apply for the issuance of Pre-trial
Conference Notice as in Form 19. The
court shall then issue Form 19 together
with Form 20 (Pre-trial Information Sheet)
• See Or. 27 r. 10 (2) Abuja, 2018
• Q: In what form is the application made?
• A: It is usually an oral application in court.
Upon Claimant’s application the
court shall cause Form 19 to be
issued together with Form 20 (Pre-
trial Information Sheet).
For Lagos, it is Form l7 together
with Form l8 (Case Mgt.
Information Sheet).
At this time the Court shall also fix
a date for the conference
• But if the Claimant fails to apply for the
issuance of Pre-trial Conference Notice
within the stipulated 7 days after close of
pleadings, the Defendant may either apply
for the issuance of Pre-trial Conference
Notice or apply for the action to be
dismissed.
See Or. 27 r. 10 (3) Abuja, 2018
Or. 27 r. 1 (3) Lagos, 2019
In Lagos:
(a)Within 14 days after close of
pleadings, the Claimant shall apply
for issuance of Case Management
Conference Notice and the Court
shall issue same (Form 17) with
Case Mgt Info. Sheet in Form 18;
Or. 27 r. 1 (1) & (2), Lagos, 2019
• Within that same 14 days after close
of pleadings, each party is required to
draw up the issues in dispute and file
same. – Or. 30 r. 1 Lagos
• The issues drawn up by parties will
then be ‘settled’ (i.e. the points of the
dispute will be narrowed down) at the
case Management Conference
• Settlement of issues is ‘the procedure
in which the parties in conjunction with
the Court ascertain what the material
questions in controversy are; and settle
them in form of issues for
determination.’
• In Lagos this is done at the Case Mgt
Conference
• In other jurisdictions it is done at the
Pre-Trial Conference
(b)If Claimant fails to apply, the
Defendant may either do so or
apply for dismissal of the
action
Or. 27 r. 1 (3), Lagos, 2019
 Agenda for PTC and CMC
Both in Abuja and Lagos, the PTC/CMC
Agenda include the following:
(a) Formulation / settlement of issues
(b) Amendments, further/better particulars
(c) Admissions, etc
(d) Control / scheduling of discovery, inspection
& production of documents;
(e) Settlements of documents to be admitted;
(f) Narrowing the field of dispute b/w expert
witnesses by involving them in CMC
(g) Hearing motions / objections on law
(h) Orders for separate trials of Claim,
Counterclaim, Set-off, Third Party Claim
(i) Settlement of issues, inquiries, accounts,
(j) Case stated under Order 31
(k) Referrals to Lagos Multi-Door Court House
or other ADR bodies
(l) Implementing any ADR orders
(m)Any other matters
Or. 27 r. 13, Abuja 2018; Or. 27 r. 2, Lagos 2019
Please note the words used in the Rules
on these matters:
*Abuja - Or. 27 (2018) uses Pre-trial
Conference
*Lagos - Or. 27 (2019) uses Case
Management Conference

(But PTC and CMC achieve same

purpose in the different jurisdictions)
Generally, apart from the parties
raising pre-trial issues, the court
may also do so suo motu.
At the pre-trial conference the court
shall draw up a scheduling order-
Items for the scheduling order
include the following:
 Items for Scheduling Order
(a)Joinder of other parties
(b)Amendment of pleadings/ other
processes
(c)Filing of motions
(d)Further pre-trial conference
(e)Any other matters
- Or. 27 r. 12, Abuja 2018
 Time table for Pre-trial/Case Mgt. Conference
(a) CMC shall be completed within 3 months of
commencement unless extended by the judge
(b) Case management conference shall be held
from day to day or adjourned only for purpose
of complying with CMC order Or. 27 r. 3 Lagos
(c) PTC shall be completed within 30 days of
commencement unless extended by the judge
(d) Case management conference shall be held
from day to day or adjourned only for purpose
of complying with CMC order Or. 27 r. 14 Abuja
Note the difference in durations respectively
 Sanctions for default in PTC or CMC
Parties and their Counsel shall co-operate with
the court to work within the PTC/CMC
timetable . If they default to attend the CMC
in good faith the Judge shall:
(a) Dismiss the claim in the case of a Claimant
(b) Enter judgment in the case of a Defendant
See Or. 27 r. 5 Lagos; Or. 27 rr. 16 & 18 Abuja
Such judgment may be set aside on application
within 7days, or within time as may be allowed
by the ADR Judge
- Or. 27 r. 6 Lagos; Or. 27 r. 16 Abuja
 Striking out of pleadings at pre-trial stage

Question:

What may lead to the striking

out of pleadings at the pre-trial
stage?
(i) If it is ‘frivolous’ or ‘vexatious’;
(ii) If it is scandalous;
(iii) If it is prejudicial, embarrassing, or merely
intended to delay the trial;
(iv) If it discloses no reasonable cause of action
(v) If it discloses no defence to the action
(vi) If it is an abuse of the court’s process
• See generally, Or. 5, rr. 16 & 18; Or. 23 r. 3
Abuja; Or. 17 r. 15 Lagos
 Pre-trial & Trial Proceedings
Pleadings may be struck out if::
(i) It is ‘frivolous’ or ‘vexatious’;
The Rules does not define the term
“frivolous” or “vexatious.” but in Willis
v. Earl Beauchamp (1896) 11 PD 39
a ‘frivolous’ or ‘vexatious’ suit was
held to be a suit not meant to serve
any useful purpose other than to
waste the time of the court
• Under the Abuja and Lagos Rules if it is the
whole claim that is frivolous and vexatious,
the court may strike out the claim
• Where it is only part of the claim that is
frivolous, the Judge in Lagos or the court in
Abuja may strike out or order for amendment.
• The court may also order costs against the
defaulting party.
See generally:
Or 15 r. 16 Abuja; Or 17 r. 15 Lagos
(ii) If it is scandalous;
This refers to situations where
the allegations contained in
the Pleadings are false and
merely employed to harass the
adverse party.
(iii) If it is prejudicial, embarrassing, or
merely intended to delay the trial;
This means when the Pleadings do
not meet the case; or pleadings
that is incoherent, illogical,
diversionary or evasive. In such
cases it is liable to be struck out.
(iv) If it discloses no reasonable
cause of action
If a party’s pleadings fail to disclose
any reasonable cause of action or
defence, the other party will apply
to have the pleadings struck out.
See Or. 17 rr. 15 & 17 Lagos; Or.
15 rr. 16 & 18 Abuja.
(v) If it discloses no defence
to the action

See IBRAHIM V. OSIM (1987) 4

NWLR (PT 67) 965.
(vi)If it is an abuse of the court’s process
“Abuse of court process“ means that
the process of court has not been
used bona fide (i.e. the process of the
court was used in bad faith. see
IKINE V.EDJERODE (2001) 8
NSCQR 374. For example, filing of
multiple actions between the same
parties on the same subject matters.
 Pre-trial & Trial Proceedings

Question:

What are the possible orders a

Judge may make during the
pre-trial proceedings?
 Pre-trial & Trial Proceedings
If a party so applies, a Judge
may make order:
(i) Striking out the pleadings
(ii) Granting leave to amend such
pleadings
(iii)Entering judgment for either party
(iv)Ordering that the action be stayed
(v)Ordering that the action be
dismissed; or
(vi)Make such order as it thinks
fit in the circumstances of the
case
Or. 15, r. 18 (1) (Abuja, 2018);
 Discovery of Facts & Documents
Question:
What is:
(a) an interrogatory?
(b) inspection of documents?
(Note: They both occur at close
of pleadings)
 Interrogatories
Interrogatory:
Written questionnaire drawn up
by an opposing party in a
lawsuit and directed to the
adverse party, requiring the
adverse party to answer them
in order to furnish information
on the issues raised.
The party ‘interrogating’ i.e. the party asking
the question will use the information
obtained to prepare his own case. Such
questions must relate to the fact in issue
or relevant to the fact in issue. In Lagos, it
is delivered within 7 of close of pleadings
and shall form part of the agenda of the
case management Conference. See Or.
29 rr. 1 & 8 Lagos. ABUBAKAR V YAR
ADUA [2008] 4 NWLR (Pt. 1078) 465.
 Interrogatories
(1)Abuja: A party wishing to
discover facts shall apply in
writing to the Ct., and an Answer
to Interrogatories shall be in the
form of an oath. Such Application
shall form part of the pre-trial
conference
See - Or. 28 r. 8 Abuja 2018
2. Lagos Rules provides
that an application for
inspection or discovery
shall form part of the Case
Management Conference
See - Or. 29 r. 6(2) Lagos 2018
 Affidavit in Answer to Interrogatories

• An interrogated party shall

answer by affidavit within the
period stipulated by the Rules
– Or. 28 rr. 5 & 6 Abuja 2018
See Or. 29 r. 6(1) Lagos 2018
also the Lagos Rules
• If an in interrogatory question is
mala fide, scandalous, irrelevant or
beyond the scope of the subject
matter of the litigation, etc, the
interrogated party may raise
objections to such questions in his
affidavit in answer.
• Such objection may be taken at the
pre-trial Conference – Or. 28 r. 4,
Abuja 2018
• If a person served with interrogatories
fails to answer thereto, or if he gives
insufficient answer in response to the
interrogatories, the interrogating party
may apply to the court or Judge in
Chambers for an order compelling the
interrogated party to answer (or to
answer further, as the case may be -
Or. 28 r. 7 (Abuja), 2018
• Or. 29 r. 5 (Lagos), 2019
 Discovery, Production & Inspection of Documents:

• If a party wishes to discover nature

and contents of documents (or needs
to make copies of them for use in the
preparation of his claim or defence),
he may serve a written request on the
adverse party to make disclosures on
oath about documents in the adverse
party’s possession
Or. 28 r. 8 (1) Abuja 2018;
Or. 29 r. 6 (1) Lagos 2019
 Discovery, Production & Inspection of Documents:

The court or Judge in Chambers

can also order any party on
oath during the action to
produce any document in his
power or possession regarding
any matter in question as the
Judge or court may deem
appropriate.
In both Abuja and Lagos, a
Judge also has power to order
the production and verification
(by affidavit) of any business
book if a party so applies –
See Or. 28 r. 10 Abuja, 2018;
Or. 29 r. 8 (Lagos), 2019
 Discovery, Production & Inspection of Documents:

• If a party wishes to inspect documents

referred to in the adverse party’s pleading
or affidavit, he may do so at any time by
giving written notice to the adverse party
requesting that the document be produced
for inspection. If this is done, the party
giving the notice may either conduct the
inspection personally, or do so through his
solicitor, or conduct a joint inspection with
his solicitor; See generally, – Or. 28 r. 8
(1), Abuja; Or. 29 r. 6 (1), Lagos
 Questions prohibited in Interrogatories

a) Questions as to contents of documents. See

section 128 Evidence Act.
b) Scandalous questions(insulting questions)
c) Questions in the form of cross examination
d) Interrogatories as to evidence of the other
party interrogated
e) Fishing interrogatories (interrogatories which
are completely outside the pleadings)
f) Oppressive interrogatories (questions that
are administered mala fide)
Grounds for objection to interrogatories &
Production of Documents
• Grounds for objection to produce documents:
a) Privilege related communication between
lawyer and client
b) Incriminating documents
c) Document relating to national security;
d) Document the production of which is against
public interest;
e) Documents marked without prejudice
f) Documents of title
 Effect of Non-Compliance with order for
Interrogatories, Discovery, Inspection
• Non-compliance with order for
interrogatories, discovery or inspection is
contempt that would lead to his committal
to prison -Or. 29 r. 9 Lagos
• If he is the Claimant, his action may be
dismissed for default of prosecution;
• If he is the Defendant, his defence would
be struck out on Claimant’s application;
• The party in default cannot give evidence
of the contents of such documents
• In Lagos, is counsel is negligent he may
be committed to prison Or. 29 r. 10 Lagos
• The party in default may be ordered to
pay costs - Or. 28 r. 11 Abuja
• If the fault is that of counsel, he may be
made to bear the cost - Or. 28 r. 12 Abuja
 Order for Interrogatories etc against
Sheriff or Persons under Disability
• In appropriate cases, the Sheriff may be
directed to answer to interrogatories, or to
disclose facts or allow inspection of
documents which are in his possession by
way of his official duties. Such orders may
also be directed to infants and their
guardians, and other persons under legal
disability - See Or. 28 r. 14 & 15 (Abuja)
• Or. 29 r. 12 & 13 (Lagos)