Judges Discretion On Amendments

Summary

Under Nigerian law, judges have the discretion to rule on preliminary objections and applications for amendments. If a preliminary objection is dismissed, the case proceeds with the main suit. The opposing counsel can still raise applications for amendments, but the judges decision will depend on the specifics of the case. If a preliminary objection is granted, the suit is struck out, and the opposing counsel may appeal or file a new suit. The practice of a Senior Advocate of Nigeria (SAN) not sitting on the same row as opposing counsel is a matter of legal etiquette, not a specific law.

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Under the Nigerian law does a Judge grant and give a ruling and judgement for a Preliminary Obbjection raised by the Defendant's when the plaintiff counsel is seeking an application for change of counsel and amendment on the Originating processes? On the day of hearing?
Under Nigerian law, a judge has the discretion to handle both preliminary objections raised by the defendant and applications for change of counsel and amendment of originating processes. These decisions can be made on the day of hearing, depending on the circumstances and the judge’s discretion. Are you currently involved in a case where this situation applies?
Yes, the Judge is currently reading out his ruling for our preliminary objection, which was raised earlier and adjourned for hearing today, but the opposing counsel has brought an application for amendment of counsel and amendment of originating processes?
Under Nigerian law, a judge can rule on preliminary objections and applications for amendments. The judge’s decision will depend on the specifics of your case and their discretion.
Has the judge indicated any preference or given any prior hints on how they might rule on such applications?
The Judge is giving his ruling can the opposing counsel still raise an application for amendment.
Yes, under Nigerian law, the opposing counsel can still raise an application for amendment while the judge is giving his ruling. However, whether the judge entertains or grants this application is at their discretion and depends on the specifics of the case.
Is there any prior indication from the judge on handling such amendments?
Once the court grants our Preliminary Objection to strike out the suit, what's the next step since the opposing counsel is seeking an application
Once the court grants your Preliminary Objection to strike out the suit:
- The suit is effectively struck out, meaning it is dismissed.
- The opposing counsel's application for amendment may become moot, as there would be no active suit to amend.
- The opposing counsel may decide to appeal the decision or file a new suit.
Do you need details on how to handle a potential appeal?
Once the court grants our Preliminary Objection to strike out the suit, what's the next step since the opposing counsel is seeking an application
Once the court grants your Preliminary Objection to strike out the suit, the following steps may occur:
- The court formally strikes out the suit.
- The opposing counsel may file a formal application for amendment or other relief.
- The judge decides whether to entertain the new application based on its merits.
Do you have any more specific details or concerns about the next steps?
If the Judge decides to entertain the suit what's the next step for me?
If the judge decides to entertain the suit, the following steps typically occur:
- The court will schedule a hearing for the amended suit.
- You will need to prepare and possibly respond to the amendments made by the opposing counsel.
- Attend the scheduled hearings and present your arguments.
Do you have any specific concerns or questions about these steps?
Which law under the Nigerian law states that a SAN cannot sit on the same column with an opposing counsel while appearing in court?
Under Nigerian law, the provision that states a Senior Advocate of Nigeria (SAN) cannot sit on the same row with an opposing counsel while appearing in court is a matter of legal etiquette and practice, not a specific law. This practice is generally observed to reflect the hierarchy and respect for the status of a SAN.
Would you like more information on courtroom etiquette in Nigeria?
Preliminary objection was dismissed what is the next step under Nigerian law?
After the dismissal of your preliminary objection under Nigerian law, the next steps typically involve:
- Proceeding with the main suit.
- Preparing your defense against the plaintiff’s claims.
- Attending scheduled court hearings and presenting your case.
Is there any specific aspect of your case you need help with?