Order 36 — Fast Track Cases

(1) The Chief Judge shall designate such number of Fast Track Judges as he thinks fit, who may act as Motion Fast Track Judges and/or Fast Track Judges.

Pre-trial conference

(2) Subject to Order 11 of these Rules, a Fast Track Judge may, as he considers expedient in the circumstances of a case, conduct Pre-trial conference or settlement of issues pursuant to Order 28 of these Rules.

(1) The Chief Judge shall appoint an officer as Coordinator for the Fast Track Division.

(2) The Coordinator shall:

(a) process Fast Track cases;

(b) manage, coordinate and supervise the operation of the Fast Track Division

(c) monitor the performance of the Fast Track Division and submit weekly and monthly performance appraisal report to the Chief Judge;

(d) publish weekly cause list every Thursday or on an earlier day, if Thursday is a public holiday;

(e) make recommendations on how to improve the operations of the Fast Track Division;

(f) perform any other function that may be assigned to him by the Chief Judge.

Where any of the parties specifically requests to proceed by way of Fast Track as in Form 48, the Fast Track Court shall have jurisdiction to hear and determine that case and any other case requiring exceptional urgency including but not limited to the following:

(a) Banker/Customer disputes;

(b) Contracts;

(c) Commerce and Industry;

(d) State or Local Government Council Revenue;

(e) Provided that the monetary claim in paragraphs (a) and (b) above is not less than Fifty Million Naira; and

(f) any other case which the Chief Judge may approve.

Assignment of cases

4. A Fast Track Judge may not be assigned more than three cases a week.

(1) The Plaintiff shall present his originating process prepared by him or his Legal Practitioner accompanied by:

(a) statement of claim

(b) list of witnesses to be called at the trial

(c) deposition(s) of the witness(es)

(d) copies of every document to be relied upon at the trial.

(e) certificate of pre-action counselling as in Form 47 and

(f) Writ of Summons as in Form 49.

(2) Upon receipt of the processes mentioned in sub-rule (1) of this Rule, the Coordinator shall issue an acknowledgement and forward the cause or matter to the Chief Judge, or any other Judge assigned by the Chief Judge to act on his behalf in this regard, for approval or otherwise as in Form 50 or Form 51.

(3) Where a matter is placed on the Fast Track, a filing fee of N100,000 (one hundred thousand naira) shall be paid by the Applicant.

The Coordinator shall keep daily record of cases under this Order as in Form 52.

(1) Service of originating processes shall be effected within 3 days of the approval of the Chief Judge or a Judge under Rules 5(2) and 12(a) of this Order.

(2) Any Court official who receives or dispatches a file or process relating to a Fast Track case shall state the date and time of receipt or dispatch.

(3) Service of process may be effected on parties or counsel in the Court.

(4) All proofs of service must be filed within 24 hours.

Trial shall be conducted on a daily basis and parties are bound by hearing dates fixed in advance.

(1) A Judge may not grant an application for an adjournment, unless it is for cogent and compelling reasons.

(2) Where an application for adjournment is granted, the adjournment shall not exceed 3 days from the date of the order.

(3) Where a matter is adjourned at the instance of a party, he shall pay cost of not less than N10,000 (ten thousand naira) per day for every day of the adjournment to every other party.

Where a party or his counsel will be absent from Court, the party or his counsel shall promptly inform the Court.

The provisions of Order 28 of these Rules shall not apply to actions or proceedings under this Order.

The time-table for steps in a Fast Track action is as follows:

(a) Administrative action by the Chief Judge after the filing of processes, form or notice – within 3 days;

(b) Service of processes – within 3 days;

(c) Filing of memorandum of appearance, statement of defence and accompanying documents within 14 days, and 30 days if Defendant is outside jurisdiction;

(1) Where service has been duly effected and there is proof of service, an extension of the time for doing any act or taking any step under this Order shall not be allowed, unless for cogent and compelling reason(s).

(2) A party who fails to comply with the period prescribed in the timetable under this Order shall not be heard on any application, except on an application for extension of time to comply with the timetable.

(3) A party who fails to comply with the period prescribed in the timetable under this Order and seeks an extension of time to do so under sub-rule 1 of this Order, shall, at the time of compliance, pay to the Court an additional fee of N200.00 for each day of such default.

(1) Where the trial cannot commence on a date fixed for hearing due to the absence of the plaintiff, the case should be struck out.

(2) Where the trial cannot commence on a date fixed for trial due to the absence of the defendant, hearing shall continue and may be concluded without further notice to the defendant.

(3) Where a case is struck out under paragraph (1) above, the plaintiff may apply to relist within 7 days.

(4) Where a case is re-listed pursuant to sub-rule (3) of this Rule, the plaintiff shall pay a cost as shall be determined by the Court.

(1) Addresses, objections and applications, except those arising ex tempore, shall be in writing and served on the other party.

(2) Final written addresses shall be deemed adopted in the absence of the parties or in the absence of any of them.

(1) The Registrar shall prepare record of proceedings within 3 days of the conclusion of sittings.

(2) Any party to the case may apply, as in Form 53, for the record of proceedings upon payment of fees and the Coordinator of the Fast Track Division shall, within 3 days of the application, issue the record of proceedings to the party.