The Vice Chairman of the governing Council of The Lagos Multidoor Courthouse (LMDC), Justice Oyebanji of the Lagos State High Court has urged Lawyers Practicing in Lagos not to hesitate in invoking the provisions of Order 25 Rule 6(2)(a)(b) of the Lagos State High Court Civil Procedure rules when they need to.
The LMDC organized an interactive session and cocktail with lawyers yesterday 3rd of July at the foyer of the Lagos State High Court, Igbosere to discuss mediation and the forthcoming Settlement week slated from 9th to 13th of July.
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Mr Moyo Onigbanjo SAN and Dele Adeshina SAN delivered lectures aimed at encouraging Lawyers to embrace mediation.
Alex Muoka the former Chairman of the branch informed Lawyers that more than 900 cases qualified for the settlement week though about 200 have both parties submitting to the process.
The settlement week is a period of one week where cases are usually referred from court to mediation to encourage settlement of matters by parties in lieu of litigation.
During the question and answer session, some lawyers raised the issue of some parties or their counsel treating the mediation with disrespect and refusing to attend when their matters are referred to LMDC.
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In response to that, Justice Oyebanji brought it to the attention of Lawyers that order 25 rule 6(a)(b) empowers Lawyers to bring an application to strike out the case of a claimant who refused to attend mediation or enter Judgment against a recalcitrant defendant.
Order 25 rule 6(2)(a)(b) provides that
Where a party fails to comply with the directives and/or orders of the ADR Judge or fails to participate in ADR proceedings the Judge shall:
- In case of the claimant dismiss the claim;
- In case of the defendant enter Judgement against him where appropriate.
Mrs Yinka Aroyewun , The head of LMDC was present. Justice Alogba represented the Chief Judge of Lagos State in the event while Justice Harrison, Justice Opesawo and Justice Adamson were also present. The event was well attended by Lawyers.