REGULATORY PROCESS OF SMALL CLAIMS COURT
EMIS ADMIN
Last Update há 7 meses
HOW TO FILE CASES IN SMALL CLAIMS COURT LAGOS
An action can be commenced in the Small Claims Court where:
- The Claimant or Defendant resides or carries on business in Lagos State
- The cause of action arose wholly or in part in Lagos State
- The claim is for a liquidated monetary demand not exceeding ₦5,000,000 (excluding interest and costs)
- The Claimant has served a Letter of Demand on the Defendant
Process:
- Filing: The Claimant files a Small Claims Complaint Form and pays the appropriate filing fees.
- Assignment: The case is assigned to a Magistrate within 24 hours.
- Service: The Summons is served on the Defendant within 7 days.
- Defence: The Defendant files a Defence/Admission or Counterclaim within 7 days.
- Hearing: The Magistrate promotes amicable settlement and facilitates hearing within 30 days.
- Judgment: The Magistrate delivers judgment within 14 days of completion of hearing.
Key Timelines:
- Entire proceedings: 60 days
- Hearing period: 30 days
- Judgement delivery: 14 days
- Appeal: 14 days
Appeal Process:
A party aggrieved by the judgment can file an appeal within 14 days, stating the reasons for appeal
The electronic filing process is as follows:
- Log on to https://lagoscomis.lagosjudiciary.gov.ng
- Create an account as a private citizen or private legal practitioner.
- Sign in with the login details sent to the email provided during registration.
- Select New filing, then New suit.
- Select Small Claims court as the court type, Filing category and Filing type.
- Select Claimant type and fill in Claimant's information.
- Select Defendant type and fill in Defendant information.
- Upload all required forms and supporting documents (PDF).
- Preview Information and click finish (Wait for assessment by the Assistant Chief Registrar of the Registry of a Small Claims Court).
- Receive notification of approved assessment.
- Proceed to make e-payment.
- The cashier receives the documents electronically, endorses the documents for stamping and forward to the Assistant Chief Registrar, who shall, within 24 hours, forward the case file to the Administrative Magistrate for assignment to a Magistrate of the Small Claims Court.
- The Administrative Magistrate shall, within 24 hours, assign the Case file to a Magistrate of the Small Claims Court.
- A Magistrate, upon receipt of the case file on the LagosCoMiS platform, gives a mention date, and the lawyer/litigant will immediately receive the date.
- The litigant/lawyer will print the hardcopy, make photocopies for service and drop them with the Assistant Chief Registrar at the Registry of the Small Claims' Court.
- The Court's Sheriff receives a summons for service, and uploads the proof of service or non service.
- (Once the defendant responds/files via the LagosCoMiS platform, subsequent services is electronic)
- The Magistrates of the Small Claims Court, after sitting on a particular case, adjourns to a further date via the LagosCoMiS platform and give the reason for the adjournment. By doing so, the system automatically keeps track of small claims matters assigned to each court, captures the date of service, and the number of adjournments. And uses the data to prepare the court's daily, weekly, monthly cause list, and monthly returns.
Note:
Case will be stamped, commissioned, issued case suit number, sent to the Administrative Magistrate for assignment to court, and given hearing date electronically within 48 hours after payment for filing is made.
Status of cases is tracked in real time via email notifications, or logging into on your platform.
- Log in to the CoMiS portal at
- https://lagoscomis.lagosjudiciary.gov.ng/
- Click on Filings and select the appropriate category (Pending Suit, Ongoing Suit, Old Case, etc.).
- Find the relevant suit number and click Preview.
- On the right-hand side of the dashboard, select the hearing type (Physical or Virtual).
- Choose the required action (Adjournment, Hearing, Motion, Judgment, etc.) from the drop-down menu.
- Select the preferred date and click Set Action to save the update.
- Log in to the CoMiS portal at https://lagoscomis.lagosjudiciary.gov.ng/
- Click on Filings, then select the appropriate category (Pending Suit, Ongoing Suit, Old Case, etc.), depending on the suit number.
- Locate the relevant suit number and click on the Preview tab.
- On the right-hand side of the dashboard, click the drop-down menu labeled “Select Document Type to Upload.”
- Choose the appropriate document (Record of Proceedings, Judgment, Ruling, or Order) and proceed to upload.
HOW TO SUBMIT RETURNS:
- Log in to the CoMiS portal at https://lagoscomis.lagosjudiciary.gov.ng/
- Click on Reports Menu and select small claims court returns
- Select the appropriate month, year and court type
- Click on view button to preview and submit returns to Collation Officer.
