LEGAL PRINCIPLE: CIVIL PROCEDURE – High Court – Assignment of Matters – Section 60 of the High Court Law of Lagos State
PRINCIPLE STATEMENT
All proceedings in an action subsequent to the hearing or trial down to and including the final judgment or order shall so far as is practicable and convenient be taken before the judge who was seised of the case. It is only where it is not practicable and convenient that a civil or criminal cause or matter, proceedings before and subsequent to final judgment, would such matters not be heard by the same judge.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in International Bank for West Africa Ltd. & Anor. v. Pavex International Company (Nigeria) Ltd. (2000) NLC-781994(SC) at p. 12; Paras A–C.
"All proceedings in an action subsequent to the hearing or trial down to and including the final judgment or order shall so far as is practicable and convenient be taken before the judge who was seised of the case. It is only where it is not practicable and convenient that a civil or criminal cause or matter, proceedings before and subsequent to final judgment, would such matters not be heard by the same judge."
EXPLANATION / SCOPE
Section 60 of the High Court Law mandates that the same judge who heard the trial should, as far as practicable and convenient, handle all subsequent proceedings up to final judgment. This ensures continuity, consistency, and familiarity with the evidence. Only where impracticable or inconvenient should another judge take over. The principle recognizes that a judge who presided over trial is best positioned to evaluate evidence, rule on post-trial motions, and deliver final judgment. Departure from this rule may prejudice parties and undermine judicial efficiency.