Order 2 High Court of Lagos State (Civil Procedure) Rules 2019

Order 2 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Overriding Objective. It contains the following rules:

The overriding objectives of these Rules shall be as follows:

1.

(a) to deal with every civil proceeding in ways that are proportionate, considering the nature and importance of the case, complexity of the issues, the amount of money involved and the financial position of each party.

(b) To allot to every civil proceeding an appropriate share of the Court’s resources, while taking into account the need to allot resources to other cases.

(c) The Court shall further the overriding objectives by actively managing cases and active case management includes  

(i) Mandating the parties to use an Alternative Dispute Resolution (ADR) mechanism where the Court considers it appropriate and facilitating the use of such procedure.

(ii) Assisting the parties to settle the whole or part of the case.

(iii) Fixing timetables or otherwise controlling the progress of the case.

(iv) Giving directions to ensure that the trial of the case proceeds quickly and efficiently.

(v) Requiring the Claimant and his Legal Practitioner, to cooperate with the Court to further the overriding objectives by complying with the requirement of the Pre-Action Protocol to wit:

(a) that he has made attempts at amicable resolution of the dispute through mediation, conciliation, arbitration or other dispute resolution options.

(b) That the dispute resolution was unsuccessful and that by a written memorandum to the Defendants, he set out his claim and options for settlement:

and

(c) That he has complied as far as practicable, with the duty of full and frank disclosure of all information relevant to the issues in dispute.