Kaduna State judiciary is one of the oldest judicial hubs in Nigeria as its capital, Kaduna, was the headquarters of the Northern Nigeria Judiciary in the first Republic. The Judiciary of the State, as a very key component of the State's judicature is also one of the three arms of the State government.
It is made up of judges, non-judge members of staff of the State judicial service, courts/tribunals and other judicial facilities, records and subsisting judgments obtained within the jurisdiction of the State court system which its courts are obligated to defend and enforce.
A Court of superior records with jurisdiction to hear and determine any dispute between parties as provided under any law in force in Kaduna State. The High Court of Kaduna State (Civil Procedure) Rules, 2007 is currently the civil procedure rules regulating civil proceedings of the court.
Kaduna State High Court is established by section 270 of the Constitution of the Federal Republic of Nigeria to hear and determine civil and criminal proceedings in the exercise of its original and appellate jurisdiction.
By the provision of section 197, part II, third schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) the State Judicial Service Commission was established with its composition and powers. The Hon. Chief Judge is the Chairman of the Commission.
The Commission has its Secretary who is the Chief Administrative Officer.
It is the act or process of bringing about or contesting a law suit or all lawsuits collectively. The process is as contained in the Kaduna State High Court (Civil Procedure) Rules, 2007.
Processes are filed at the Main Registry of the Court and the Process Clerk processes the files and forward same to the Hon. Chief Judge who is responsible for assignment of cases to various High Courts.
These processes can now be filed online on our electronic filing portal.
The Probate Department is the Department where all applications for the granting of any letters of Administration of the estate of the deceased person, with or without a will attached, and all applications on other matters connected therewith shall be made to the Probate Registrar of the Court pursuant to the provision of Order 55 of the Kaduna State High Court (Civil Procedure) Rules, 2007.
There are four most important things to do at the Probate Department.
- Letter of Administration
- Registration of Will
- Bank Certificate
- Affidavit of Next of kin
The Kaduna Multi-Door Courthouse (KDMDC) is a court connected Alternative Dispute Resolution (ADR) Centre situated within the premises of the High Court of Justice Kaduna. along Bida Road Kaduna
The central mission of the ADR is to provide enhanced, timely, cost effective and user-friendly access to justice by providing other alternatives to litigation in resolving dispute between parties.
In contrast to the mono door system of court room litigation, the term Multi-Door refers to the alternative doors to Justice, available at the Kaduna Multi-Door Courthouse.
Established by Law NO 4 Of 2013 (Kaduna State Alternative Dispute Resolution Adoption and Application Law), the KDMDC is designed to address the problems or challenges normally associated with the conventional court trial system of resolving disputes, which entails long delays mostly due to legal technicalities and the attendant cost implication.
In compliance with the Law, an ADR committee was constituted by the Honourable Chief Judge of Kaduna State under the Chairmanship of serving High Court Judges as Chairman and Vice Chairman respectively. Other members include, Three Legal Practitioners of not less than 10 years standing, A Customary Court of Appeal Judge, A Khadi of Sharia Court of Appeal and A Chief Magistrate.
It is also managed by Senior Staff of the High Court headed by a Director and three Deputy Directors. Other staff include neutrals/consultants whose experience and expertise in dispute resolution cut across all sectors of the society for effective and smooth running of the center.
Cases that can be handled by the centre include among others, commercial contract disputes, Labour related disputes, Family disputes, Banking etc. and also cases under customary Laws and Islamic matters.
There are two major ways through which cases come into the centre:
- Court Referrals
- Walk-ln Matters
These are cases that can come into the centre through referrals from the courts at any stage of litigation before Judgment. The courts include the High Courts, Magistrate Courts, the Shariah Courts and the Customary Courts.
The Judge of the respective court can suo moto or at the request of the parties, if he thinks from the nature of the case it can best be resolved through the ADR process, refer the matter to ADR centre.
Secondly, cases also come into the centre through Walk-ln. This refers to situation Where the parties or their Attorneys come and file their matter in the ADR Registry directly. For example, where there is a clause in a contract for submission to arbitration in the event of dispute between the parties.
The ADR centre comprises of three windows
- 1st window is that of ARBITRATION/MEDIATION headed by Deputy Director (Arbitration/Mediation).
This window handles all cases of Arbitration or Mediation either referred from the High Court, or Walk-In matters.
- 2nd window is that of the ISLAMIC SULHU MATTERS.
This window handles the cases coming from the Sharia Courts and Walk-ln matters involving the Islamic personal Law.
- 3rd window is the CUSTOMARY LAW MATTERS dealing with cases from the various customary courts and also Other customary law matters that came to the centre directly through Walk-In
The doors available at the KDMDC are:
- EARLY NEUTRAL EVALUATION:
This offers early impartial assessments of the strength or weakness of a case by a dispute resolution specialist based on the case presented before him. The evaluator renders an advisory opinion as to settlement value. He can also assist the parties in the settlement negotiation. ifthey so wish.
This is a voluntary process whereby a Neutral third party called the Mediator help the disputants reach a mutually acceptable Agreement Mediation provide great opportunities for the parties to present their cases and to explore settlement together in a win—win manner. Mediator does not render a decision but rather guide or assist the parties to arrive at a mutual settlement Agreement. An essential feature of mediation is that it is highly confidential. Anything said or written in the mediation session cannot be disclosed without the consent of the parties, nor can it be used against a party in subsequent court proceeding. To make settlement binding on parties such resolution is enrolled. Signed and stamped by the ADR Judges which may be enforced through the Statutory Judgment Enforcement Rules.
Arbitration provides a forum for the parties to present their arguments and offer evidence to a neutral third party. At the end of the proceedings the Arbitrator makes a binding decision called an Award, which is enforceable against the defaulting party.
In an effort to maintain a standard of service rooted in quality and professionalism whilst ensuring less expenses to the parties, the KDMDC has devised a non-commercial and highly subsidized rates to meet its goals. The fees payable are as contained in KDMDC scale of fees for the time being in force. The parties share the payment of fees and expenses in equal parts unless otherwise agreed to by the parties.
The Legal Framework for the Establishment and Function of the KDMDC The following instruments were issued by the Chief Judge of Kaduna State Honourable Justice Tanimu Zailani on the 17th June, 2015 so as to facilitate the immediate take off of the centre.
Located within the High Court Complex, Bida Road, Kaduna, the Kaduna Multi-Door Courthouse is a specially dedicated building fully air conditioned fitted with modern State of the earth equipment and other facilities for convenience of its customers and it is open for business from Bam to 4pm Monday to Thursday and Friday 8am to 1pm.