Order 28 — Pre-trial Conferences and Scheduling

(1) Within 14 days after close of pleadings, the Plaintiff shall apply for the issuance of a Pre-trial Conference Notice.

(2) Upon application by the Plaintiff under sub-rule 1, the Judge shall cause to be issued to the parties and their Legal Practitioners (if any) a Pre-trial Conference Notice as in Form 16 accompanied by a pre-trial information sheet as in Form 17 for the purposes set out hereunder:

(a) consideration of the legibility or otherwise of the processes filed by the parties in the action, and giving such directions as the Judge may deem fit.

(b) disposal of non-contentious matters which must or can be dealt with on interlocutory applications;

(c) giving such directions as to the future course of the action as appear best adapted to secure its just, expeditious and economical disposal;

(3) If the Plaintiff does not make the application in accordance with sub-rule 1 of this rule, the Defendant may do so or apply for an order to dismiss the action.

(1) At the pre-trial conference, the Judge shall consider and take appropriate action with respect to such of the following (or aspects of them) as may be necessary or desirable:

(a) formulation and settlement of issues;

(b) amendments and further and better particulars;

(c) the admissions of facts, and other evidence by consent of the parties;

(d) control and scheduling of discovery, inspection and production of documents;

(e) settlement of documents to be admitted as exhibits at the trial;

(f) narrowing the field of dispute between expert witnesses, by their participation at pre-trial conference or in any other manner;

(g) eliciting preliminary objections on points of law;

(h) hearing and determination of applications and objections on points of law;

(i) giving orders or directions for separate trial of a claim, counter-claim, set-off, cross-claim or third party claim or of any particular issue in the case;

(j) settlement of issues, inquiries and accounts under Order 30;

(k) securing statement of special case of law or facts under Order 31;

(l) determining the form and substance of the pre-trial order;

(m) making referrals to the Kaduna Multi-Door Courthouse;

(n) determining any ADR Order made under (m) above;

(o) such other matter as may facilitate the just and speedy disposal of the action including requiring the parties to be in Court during the pre-trial conference.

The pre-trial conference or series of pre-trial conferences with respect to any case shall be completed within 45 days of the commencement of the pre-trial conference or within such period as the Judge may consider just and expedient, and the parties and their Legal Practitioners shall cooperate with the Judge in working within the time-table. As far as practicable, pre-trial conferences shall be held from day to day or adjourned only for purposes of compliance with pre-trial conference orders.

After a pre-trial conference or series of pre-trial conferences, the Judge shall issue a Report. This Report shall guide the subsequent course of the proceedings unless modified by the trial Judge.

(1) If a party or the party’s Legal Practitioner fails to attend the pre-trial conference or obey a scheduling or pre-trial order or is substantially unprepared to participate in the conference or fails to participate in good faith, the Judge shall:

(a) impose appropriate sanctions; and

(b) may dismiss the action or strike out the defence.

The Judge shall direct the pre-trial conference with due regard to its purposes and agenda as provided under this Order, and shall require parties or their Legal Practitioners to co-operate with the Judge effectively in dealing with the conference agenda.

Notwithstanding the provisions of this Order, the Judge may, having regard to the circumstances of a case, dispense with the pre-trial conference whenever he considers it expedient to do so.