Mr. Philip Njetene has just expressed the view that the subtle order of court to Claimant’s counsel to replace old and torn case files mid way into a case amounts to extortion. He specifically stated “What then is the difference between mobilising Bailiffs of court after paying the official service fees and paying a court registrar at the instance of the Judge after paying official filing fees?”
We are thinking that this may not be unconnected with Justice Olaterogun’s warning yesterday to lawyers and litigants against “mobilizing” bailiffs to serve court processes on parties to a suit. See that here
Do you agree with us?
SUBTLE ORDERS OF COURT THAT MUST BE OBEYED
Court: Mr. Oluyemo, your case files are tattered, we will need three more files.
Counsel: Yes my Lord, we will do the needful.
That’s a common exchange in open court where Claimant Counsel is always made to replace case files and Claimant Counsel are ALWAYS eager to approach the registrar and agree on a fee payable by the counsel for replacement of the tattered files.
In initiating the action there was an assessment on the fees payable by the Claimant and it is upon payment of the filing fees that the case is commenced at all.
To subtly order a Claimant to provide money for additional files midway in a case amounts to extortion on the part of the court as any refusal on the part of the Claimant after such open court reminders by the presiding Judge could amount to anything but favourable to the Claimant.
What then is the difference between mobilising Bailiffs of court after paying the official service fees and paying a court registrar at the instance of the Judge after paying official filing fees?
If we want to kill corruption we should abhor corrupt tendencies.
Philip Njetene
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