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PROPERTY ATTORNEY IN PORT HARCOURT, RIVERS STATE NIGERIA

YOUNG LAWYERS and Tenancy

proceedings. Knowing the
Stages in Tenancy proceedings
in Magistrate courts in Nigeria.

June 01, 2017

A young legal practitioner usually called a new wig may find the SHARE

legal profession some what straggling in his first few years of

practice if not frustrating and very stressful, I did had that

experience. So young lawyers should not despise the events at the
beginning of their practice, my principal would say that those

events are good to energized your practice and on a lighter note the
Bible says so too.

Now most new wigs fortunately are faced with clients with matters
which they would not prefer not briefing the senior counsels due to
high brief and Tenancy proceedings covers about 70% of these
matters.

Thus, I will for this purpose enlist all the stages of a tenancy
proceedings in the magistrate Court.
First and foremost, the new wig should understand that the
magistrate Court is a court of a summary trial in other words it's a

court that doesn't necessarily need parties to front-load all their

documents, pleadings and evidence. The plaintiff or claimant may
only file a process containing just the damages he is claiming
against another and it's suffices. His bunk of evidence is usually
given in the witness box.
Filing of a Claim:

(For a sample of a claim see my previous post on tenancy).

Once the new wig prepares the claim he takes it to the court within
whose jurisdiction the property is situated. Each court has its
Registrar and they are in charge of ensuring that new matters are

properly filed before the court( this duty is provided in various rules
of courts) . After the filing, the Register moves the file to the Chief
Magistrate who assign the matter to a court within her Jurisdiction.
All the new wig needs to do here is to constantly inquire as to which
court his matter is assign to and once he has a court, he is to make

immediate appearance in that court to take a date for Report of

service and plea. The new wig should understand that
notwithstanding that the matter has been assigned to a court some
jurisdictions requires that he still has to call it up in an open court
for the magistrate to officially give it a date and to have it in its

cause list if not the matter will die even before its birth while some
automatically gives dates and have same included in their cause list

for that day. The lawyer is to take the date given by the court to the

bailiff as it is added to the summons to be served on the Defendant.

Day 1.

FIRST APPEARANCE:

Procedure to call a tenancy matter at such stage is as follows,

If the lawyer is present during the beginning of court proceedings

for the day, he should while lawyer's are indicating their interests

say to the court:

"Your Worship I am interested in number ......in the civil cause

list........ ".
After the matter has been called up, the lawyer is to announce his

appearance and to report if the court processes have been served

on the Defendant (if it has been served) and plea. where the
summons has not been served or if the defendant has been evading

service thus it is at this instance that the lawyer can make an

application for substituted service on the Defendant).
Take Note that during this stage the lawyer should ensure that the

bailiff who did the service of the notices and the summons put the
affidavit of service in the court's file to show court that he really

serve the defendant with the process and he is aware of the coming
proceedings in court.

But even if the new wig only became aware that his matter is in a

court after the court has already commenced proceedings for the
day.

After the issue of service is proved to the court, the next is to enter

plea for the Defendant.

Plea at this instance is for the defendant to either accept liability or

deny same. However where it can be proved to the court that by the

evidence of the affidavit of service tendered by the Bailiff that the

summons have been served on the defendant, the counsel to the

claimant can thereby enter a plea of not liable for the defendant. I

know that one would question why a counsel representing another

party should plea for another but in tenancy matters it is allowed.

So once a counsel enters this plea of Not liable for the defendant, he

should then after the plea ask the court for dates for the hearing of
the matter. The court always grant this prayer and in most

occasions also order hearing notice to be served on the defendant

again.

DAY 2 HEARING STAGE

These usually take two or more days of proceedings and On this

next stage of proceedings, the lawyer should present his witnesses

(the court usually take one person for a day and takes an

adjournment to give the Defendant another opportunity to appear

to cross-examine the witness). Two witnesses are usually taken in

Tenancy cases namely the bailiff of court and the claimant (landlord
or his attorney). if the bailiff is called he is to tender all the notices if

any was served through him (quit notice and owners intention to
recover possession) please do refer back to my previous articles on
why its better to engage the bailiff to serve notices. this also apply
to the landlord or his attorney who is to give evidence as the

claimant.
Take Note that at any failure of the Defendant to appear in court to

cross-examine any of the witnesses, the lawyer should apply to the

court that the Defendant be for-closed from ever cross-examining
the witness in the witness box and the court can grant that and
discharge the witness. After both or all the claimant's witnesses

have given their evidence the lawyer is to inform the court that the
claimant has closed its case and the court at that instance would
adjourn the matter for the Defendant to open his defence if any.

DAY 3 DEFENCE
At this stage, the Defendant is to come to court and open/

commence his defence to the suit of the claimant however if he fails

to appear either by himself or through his lawyer, claimant's lawyer
can apply that the Defendant been aware of the proceeding and had
refused to appear to open his case should be for-closed from ever

opening his defence and the court once same is granted may ask
that the claimant's lawyer orally address the court immediately on
the reason he files for his claims or adjourns the matter to another

day for address.

DAY 4 ADDRESS

This is the stage before judgment, the claimant's lawyer at this

stage is meant to give a general over view of his claim to the court
orally and thereafter urge the court to enter Judgment in favour of

his client. the Court after such address adjourns the matter for
Judgement.

DAY 5 JUDGMENT

This is a stage where the court gives its Judgment on the case of the
claimant and makes its orders granting or refusing the claims.

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About Me
 Victor Uzochukwu Esq.
A legal practitioner is like a medical
doctor but instead of saving sick
patients, he says both, the healthy
and sick alike. he must understand
that a huge burden is placed on his
shoulder and must strive to employ
all his might to give peace to all who
comes to him....

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