Book review

Book review

Name of book: Court Procedure & Duties of a Registrar
Author: Benson A. N Okoli (JP)
Literary Genre: Legal handbook
Number of pages: 129
Number of chapters: 15
Publishers: Bukason Techs, Ndikelionwu, Orumba North, Nigeria
Reviewer: Success Kanayo Uchime
Price: N1,000

Introduction:
The author, Benson A. N. Okoli (JP) served Anambra State Judiciary for a long period of 41 years. He put in 35 years of active service and retired as a Principal Court Registrar and for six years was on contract as a Customary Court Judge for the State Judiciary. He is also a Justice of Peace (JP) by appointment. He studied Public Administration at the University of Nigeria, Nsukka, Enugu State, Nigeria, and hails from Ndikelionwu, Orumba North Local Government, Anambra State, Nigeria. The book is a legacy the author left behind for posterity in order to commemorate his services to the State Judiciary. It is intended to assist new entrants into the legal system, and also, it is useful to final year Law students and to anyone who intends to have additional insight into legal procedure.
Chapter one
Chapter one of the book starts with the author’s aim of writing the book. He came up with five major aims, among which are, to train the Registry staff and new entrants into the Judiciary on various aspects of Court duties and procedure. Another aim of the author is to achieve uniformity of methods in carrying out the various duties in different Registries. These, according to him, are to facilitate the speedy performance of their duties and also to promote efficiency in each Registry.
      He went on to itemize the duties of a Court Registrar, which he said are statutory, assessment and issuance of all summons, warrants, writs of execution, drawing up and registration of all court orders, keeping of court records and the custody of all accounting books in respect of fees and fines and money impounded or payable into or out of court.
Chapter two
The second chapter brought out sixty legal terms and phrases which are consistently used in judicial proceedings. It also took a look at the prerogative orders, which include mandamus, prohibition, certiorari, quo-warranto, sequestration. Others are hebeas corpus, assignment order, order nisi, order absolute and garnishee order.
Chapter three
In chapter three, the author dealt on the recovery of premises, landlord and tenant relationship, stating that in a situation where a landlord wishes to recover or gain possession of his premises from the tenant, he will be required to issue the tenant a notice to quit, and that the notice may be issued by the landlord’s agent or solicitor.
      On the length of notice to be given to the tenant, the author categorized them into three: one, in the case of a tenancy at will or weekly tenancy, a week’s notice; two, in the case of a monthly tenancy, a month’s notice; and three, in the case of a yearly tenancy, half a year’s notice will be given. He mentioned how notices should be given and the order in which such notices should take. The author went further to state how hearing and judgment should go in such instances, the duration of warrants of possession, the officers of court that are immuned from legal action, and the mode of service of statutory notices by the court.
Chapter four
Chapter four of the book examined rent tribunals, where the author revealed that rent tribunals are established to handle disputes between landlords and tenants. Throwing more light on this, he noted that the tribunal shall have jurisdiction in its area of authority to hear and determine any application by a tenant in which it is claimed that the rent claimed by the landlord in respect of an accommodation is in excess of the rent prescribed by rent edict.
    Mention is also made about the procedure of the tribunal, order of the tribunal, quorum, decision and parties involved in rent cases. He said that all parties to any proceedings of the tribunal shall appear in person or be represented by their counsels.
Chapter five
In this chapter, the author centered on the procedure of trial in various courts stating that the hierarchy of courts in Nigeria has the Supreme Court at the apex, with the Court of Appeal following, then, the High Court. Others are the Customary Court of Appeal and Sharia Court of Appeal as the case may be, followed by the Magistrate’s Court, and at the bottom of the line is the Customary Court or Area Court. The author said that the Magistrate’s Courts, Customary and Area Courts are courts of summary jurisdiction, while the High Court is a court of pleadings.
Chapter six
Here the author dwelt on the trial procedure in the Magistrate’s Court, he observed that trials in the Magistrate’s Courts of criminal cases differ from that of High Court and Customary Court in relation to criminal matters and that the filling system also differs. He also treated the procedure where the magistrate has jurisdiction to entertain the charge, especially when the charge is listed for hearing in the daily cause list for the magistrate. 
     He touched on the delivery of judgment when the magistrate is unavoidably absent.  According to him, where a magistrate, having tried a case, is prevented by illness or other unavoidable cause from delivering his judgment or sentence, such judgment and sentence, if the same has been reduced into writing, and signed by the magistrate, may be delivered and pronounced in open court in the presence of the accused person by another magistrate.
Chapter seven
The author in this chapter, took a look at the routines in the Magistrate Courts. He said that any person or group of persons desirous of instituting a civil action must submit an application by setting out the particulars of claim, which will be assessed and paid for before summons can be issued. He also made mention of service of court process, mode of service, service by special bailiff, address of service and duration of summon. Furthermore, he threw more light on when service may not be effected, substituted service, service outside jurisdiction of court issue and proof of service or affidavit of service.
Chapter eight
Chapter eight took a look at the execution or enforcement of court judgments with FIFA (Fieri Facias). He also elucidated on interpleader summons, registrar’s duties when claim is made, misconduct of judgment debtor and interim attachment. Furthermore, he dwelt on when a writ of warrant or warrant is to be executed outside the jurisdiction of the court, the enforcement of judgment outside a state of jurisdiction and attachment of immoveable property.
Chapter nine  
Here, the author ex-rayed the procedure in the Customary Court, and mentioned the issue of civil matters, appeals from ex-parte order, joinder of causes of action and parties, and hearing of causes of action and parties. On the issue of hearing procedure in court, he said that on the returnable date for summon, the clerk of court will prepare a list of the cases to come up before the court on a hearing paper. He also dealt on the issue of taking evidence by court in special cases, documentary evidence, use of affidavit in court proceedings, and in instance where either party is absent in court during the hearing of the case.
Chapter ten
Chapter ten dealt on the duties of clerks of the court or registrar of sessions and went on to mention interpretation in court, preparation of daily cause list, swearing of witnesses in court and procedure thereafter and granting accused person bail. He mentioned various consequences on failure to comply with bail procedure. He threw more light on the issue of endorsement where fine is paid or warrant to carry out sentence issued, marking of documentary and material exhibits and various kinds of warrant.
Chapter eleven
This chapter dwelt on the financial regulations on the court’s accounts, and mentioned three different monies collected in courts, which are fines of court, fees of Court and deposit. He brought out other items used in the finances of the court like court cash book and fines register. On the issue of deposit of money other than fees and fines, the author said that all monies, other than fees and fines collected by the court and not paid out within 48 hours from time of receipt to the person entitled to it, must be placed on deposit with the sub-treasury.
Chapter twelve
Chapter twelve delved into the issue of probate matters and letters of administration. It also considered the issue of granting of letters of administration which the author said may be stopped for some basic reasons. More so, the issue of procedure in granting letters of administration was thoroughly examined. Again, he touched on another relevant topic which is the filling of a will in the probate registry, method of reading a will, necessary requirement in a will and the execution of a will.
Chapter thirteen
In chapter thirteen, the author ex-rayed the powers, duties and liabilities of sheriff, deputy sheriff and court sheriff. The question of a sheriff, deputy sheriff and court bailiff was adequately answered. He also considered the issue of declaration by court, duties of a sheriff, his deputy, and the protection of a sheriff, his deputy and a bailiff.
     He elucidated on the duties of bailiffs during execution, period to elapse before sales, and also cautioned that no staff of the judiciary shall purchase any good sold at auction by the court. The neglect by bailiff to levy an execution, receipt to be given by court bailiffs and payment of money received by the sheriff or his deputy were adequately looked into
Chapter fourteen and fifteen
In these concluding chapters, the author brought out some sample revision tests and questions for the benefit of those seeking confirmation or about to take promotion examinations. He also added different judicial forms which are used to enforce judgments and orders. He observed that some of them are also used to prepare judicial proceedings either before or after.
Conclusion/recommendation
The reviewer appreciated the work of the author, especially the simplicity of the presentation. The cover page is quite inviting and the contents rich enough to enrich peoples’ knowledge on the various legal issues mentioned in the book. Mention also needs to be made on the mix-up observed in the chapterization, of which the author must pay close attention during the next reprint. The book is a contribution to the fund of knowledge; it is a sure read for anyone who desires to grow in knowledge as it relates to legal matters. It is therefore recommended to everyone who wants to be enlightened on legal issues.