Sine die Adjournment

One faithful day in the courtroom, while waiting for my case to be called, a lawyer informed the court  on the position of his case. The parties had settled their differences and his client's compounded vehicle released. His application before the court was for striking out or the grant of a Sine die adjournment. The court verified his position and the lawyer prayed for a sine die adjournment. The whole court room went wild with laughter. We all pondered why a striking out was not preferred since parties had settled. Some even thugged and whispered to the counsel but he insisted and the court granted his request.

The word "Sine die" is a Latin expression which means without a day being fixed, indefinitely...

The average man in the society many times fall into the temptation of concluding that the practice of the legal profession is a slow one. It is unarguably a tasking one that requires patience before one reaps from it eventually. This patience is applicable to all cases the court presides over as well as other judicial process and procedures.

It is not strange to hear a client call you two weeks into a fresh matter complaining about the slow pace of his or her matter and also asking questions like; ''why has the court not heard my case, the date is too far, after this stage,what next? Lawyer it's taking so much time''...

It is important to explain that the Court cannot hear and conclude a case in a day due to a number of factors. Thus, an adjournment is a necessary evil that falls upon all cases.

Adjournment is defined as the putting off of the hearing of a case or postponing the hearing of a case to a further date. When there are numerous cases to be heard or the procedural steps have not been adhered to fully, adjournments are constant. It is different from a recess because the court resumes sitting on the hearing of the case upon return while the court resumes on a further date in the latter case.

An adjournment is also a  discretionary grant entirely within the jurisdiction of a court. It is exercised according to the particular facts and circumstances of the case. See the case of Obomhense v Erhanon (1993) 7 SCNJ 479.

Some applicable laws on guiding adjournments are:

A. The Magistrate Court Law and Rules in section 42 which states ;

(1) A Magistrate may adjourn from the date of commencement of trial and during the proceedings for a period not exceeding fourteen (14) Working days.

(2) A Magistrate may, after the matter has been set down for trial at his discretion, grant in-

Uncontested civil cases, not more than two (2) adjournments;

Contested civil cases, not more than four (4) adjournments.

(3) The period of adjournment to attend mediation proceedings are excluded from the Operation of this Section.

(4) The Magistrate shall endeavour to conclude all criminal matters within (90) days from the date of arraignment.

(5) Subject to the provisions of this section, in the event that any of the parties to the action fails to, is unable to or refuses to attend court or proceed with the cause or matter, the Magistrate shall strike the matter off the cause list and out of the court or enter judgment in default against the defendant.

(6) For the purpose of this Section, the date of commencement of trial of the action and shall not be later than twenty (20) working days after the date of assignment of the action by the designating Magistrate:

Provided that where the Magistrate does not set down the action for trial within the stated period, the date of commencement shall be twenty (20) Working days from the date of assignment of the action by the designating Magistrate.

B. The Magistrate’s Courts (Civil Procedure) Rules 2009 provides in Order 9 Rule 4(1) - (3) that;

(1) A Magistrate may adjourn from the date of commencement of trial and during the proceedings for a period not exceeding ten (10) days.

(2) A Magistrate may, after the matter has been set down for trial at his discretion, grant in -

Uncontested civil cases, not more than two (2) adjournments; and

Contested civil cases, not more than four (4) adjournments.

(3) subject to the provisions of this Rule, in the event that any of the parties to the action fails to, is unable to or refuses to attend Court or proceed with the cause or Matter, the Magistrate shall strike the matter off the cause list and out of the court or enter judgment in default against the defendant.

C. The High Court of Lagos State Civil Procedure Rules 2012, also makes provision for adjournment in Order 30 (5) which states;

(5) The judge may, if he thinks it   expedient in the interests of Justice, postpone or adjourn a trial for such time and upon such terms, if any, as he deems fit”.

It should be noted that  an adjournment can bring a matter to an end, it is mostly a sine die adjournment.

A matter is said to be adjourned sine die when it is adjourned without a day being fixed for it's resumption. See the case of Bola Tinubu v L. M. B. Securities Plc. (2001) 12 SCM.
The Court pronounces this order rarely.

Conditions the Court looks at before it's grant;
1. When the matter over a long period of time requires the intervention of the state via it's legal advice or direction.
2. When the case has overtime been adjourned and shows no future headway.
3. When a party has failed to attend to the case and the Defendant suffers, the court may adjourn sine die as a means of dismissing the case.

4. Where a case is instituted by the wrong procedure, it may be adjourned sine die for the counsel to start the case afresh.

6. It is granted by the discretion of the court.

So when next you hear the word Sine die adjournments, it would ring a bell.