The gregarious nature of man allows for interactions of all forms.These forms of interactions sometimes result in inevitable conflict which emphasize the need for law to maintain balance and promote peaceful co - existence.
It is trite law that when a legal right has been breached, the law may be invoked to redress such act. However, the law seems handicapped when a litigant sleeps over his or her right, lacks vital evidence or is debarred by time (provisions of the statutes of limitations).
I recall vividly a brief I handled on trespass to a family land by some members of the community somewhere in Ogun state Nigeria. The family had a large expanse of land, expanding up to about 16 Hectares in size. They had no proper survey on the land, but they had adequate information about the family history with clearly marked boundaries known to them.
The trespasser of our client’s land converted a large portion of the land to his personal use, built a school on a portion, sold about four plots of the said land and fenced a greater part of the land in preparation towards building an estate on the said land.
Our client came seeking for an Order of the Court declaring possession on the large expanse of the family land alongside considerable damages for the acts of trespass carried out on the said land.
To remedy the situation, I immediately filed a writ of summons and an affidavit of urgency to fast-track the hearing of the case. Since it is expedient that the court sits upon a case fastidiously and judiciously, counsel may aid the court to promote Justice.
Accelerated Hearing is a discretionary power of the Court to hear the Justice of a case with urgency. It is mostly provoked by means of an application for an injunction or by way of an affidavit of urgency.
The paragraphs in the affidavit are peculiar to the case and should show precisely why the court should grant such prayer.
Before the grant of the order, counsel must show cause in the following ways:
1. That the subject matter is in a state of being destroyed or depleted.
2. That the defendant(s) have continued acts of trespass on the subject matter (where it is a land case) or acts that are detrimental to the party seeking the court's order.
3. That it is in the interest of Justice to grant the order.
4. That the other party will not suffer any form of harm or damage on grant of the order.
5. That party seeking the order has a strong claim.
6. That he/she is not a meddlesome interloper (has capacity to institute the suit or seek the court's order).
Why use Accelerated Hearing?
1. It protects the status-quo from depletion.
2. It brings speedy end to Litigation.
3. It is mostly used to fast-track proceedings.
4. It is usually granted by an order of the Court.
So when next you need to bridge the gap on time, go for accelerated hearing.
Labels: Accelerated hearing, Hearing, Legal, Trespass
