Abstract

INTRODUCTION Litigation ordinarily means to cause an argument to be discussed in competent law courts so that a judgment can be made which must be accepted by both sides. Black Laws dictionary defines litigation as a lawsuit, legal action, including all proceedings those contest in court of law for the purposes of enforcing a right or seeking a remedy. A judicial contest, a judicial controversy, a suit of law for ages, litigation has been the most popular means of conflict/dispute settlement both minor and major issues. This is due largely to the fact that dispute and conflict are part of man in his society where he found himself. It has therefore become inevitable concomitants. It behooves on man to learn to confront this menace aspect of his life. He cannot fail in this respect to respond to the difficulties associated with the choices open to him. Karl Marx corroborated conflict when he wrote that society cannot survive for one day without conflict. In order to settle dispute and live amicably with members of his society and neighbor alike, modern man adopted series of mechanisms/measures that have come to be institutionalized in his society for the sole purpose of settling dispute. The major one amongst these institutions is the LITIGATION process. The litigation mechanism of resolving conflict is adversarial. That is, the litigants use the instrument of state court to establish legal rights. Furthermore, adversarial system allows the parties to source for evidence, pay fees for originating processes, record of proceedings, for appeal matters, pay heavy solicitors fee and equally third realm of governance all over the world. The degree of its importance can be found in the constitution of every country that make special provisions to back up the activities of the organ.