Procedure, Skills and Practical Approach to Trial of Cases

Description

ABSTRACT

Procedure, Skills and Practical Approach to Trial of Cases

Lawal Pedro, SAN*

INTRODUCTION

Trial of cases is the bedrock of adversarial advocacy. As the cliché goes, a case is won or lost at the preparatory stage. A good advocate should know what is important for the success of his case either as a plaintiff or defendant’s counsel. A calm and meticulous appreciation of the ingredients necessary for the success of the claim or defence is important. This appreciation will necessarily be reflected in drafting the statement of claim/defence, navigating the pre-trial protocols, examination and cross-examination of witnesses and preparation of written address. Necessarily, a good knowledge of the rules of court, procedure, evidence and case law is a sine qua non for success as an advocate. This paper is an overview of salient points to note in trial of cases. The paper is divided into four parts. The first part deals with preparation of statement of claim and defence including facts to be pleaded and those that need not be pleaded. The second part deals with pre-trial protocols and other preparations, while the third part deals with nuggets for successful cross examination. The last part dwells on facts to be considered in preparation and drafting of written addresses. The paper takes the High Court of Lagos State (Civil Procedure) Rules 2012 as the basic case study but the lessons inherent in the paper will apply mutatis mutandis to practice in other states of the Federation.

PREPARING A COMPETENT STATEMENT OF CLAIM AND DEFENCE
It is settled, that before the commencement of trial in a suit, it is necessary that on the one hand, the court should know what the issues between the parties are, and on the other hand either party should know what his opponent’s case against him will be. This helps the court to know what it will have to determine at the close of trial and also enables each party to prepare to meet the adversary’s case. These purposes are achieved by means of pleadings which includes Statement of Claim and Statement of Defence.

Statement of Claim
This is a written statement of a claimant/plaintiff in an action begun by writ of summons which is served on the defendant. It sets forth in a summary form the material facts on which he relies in support of his claim against a named defendant.

Statement of Defence
This is a written statement of a defendant in an action begun by writ of summons which is served on the claimant/plaintiff. It sets forth in a summary form the material fact or point of law which he relies on in support of his defence to the claim of the claimant/plaintiff.

Objective of Pleadings
The system of pleadings is primarily designed to bring out the issue or issues in which the court is to adjudicate between the parties before it. It is also designed to fulfill some of the fundamental principles of natural justice, such that each party should have a reasonable opportunity of answering the claim or defence of his opponent, and that each party should have a reasonable opportunity of

* LL.B, BL, FCIArb. Principal Partner, Lawal Pedro (SAN) & Associates. The author was the Head of Directorate of Civil Litigation, Lagos State Ministry of Justice and a former Solicitor-General of Lagos State. An earlier draft of this paper was presented at the Annual Retreat of Moshood Shehu & Associates held on 5th April 2018 at Pelican Hotels, Chevyview Estate, Lekki, Lagos.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.9 NO.2