CIVIL LITIGATION
JURISDICTION
Comment on the competence of the Federal High Court to entertain a claim based on simple contract. 2009 No 1(a)
Where the subject matter of an action is based on simple contract, the Federal High Court has no jurisdiction to entertain the action since it is outside the jurisdiction conferred by Section 251 1999 CFRN. Onuorah v KRPC.
Does the National Industrial court have jurisdiction to hear and determine an action between two states? 2009 No 3(ii)
The National Industrial Court has no jurisdiction to entertain an action between two states. Where a dispute is either between the Federation and a State or between two States, it is the Supreme Court that has jurisdiction to the exclusive of all other Courts to entertain the action. Section 232 1999 CFRN. AG Abia v AG Federation; AG Lagos v AF Federation; AG Imo v AG Rivers.
In a case of conflict between residents of a community and the State Government, which Court has jurisdiction to hear the matter. Why? 2010 No 1(b)
The action will be commenced before the Lagos State High Court because the Constitution has conferred general jurisdiction on the High Court on all matters except those matters in respect of which exclusive jurisdiction has been conferred on the Federal High Court by Section 251 CFRN 1999. Section 272 1999 CFRN. Onuorah v KRPC; National Union of Electricity Employees v Bureau of Public Enterprises.
Assuming in an action for breach of contract between a person (Plaintiff) and a Company (Defendant), the Defendant Counsel raised a preliminary objection that the State High Court is not the proper venue for the action since it involves the operation of the CAMA 2004 and so the appropriate Court with jurisdiction is the Federal High Court. What would be your response as Plaintiff’s Counsel; and at what time, and how could an objection of this nature be properly raised. August 2011 No 5(b) (i) & (ii)
My response to the objection by Defendant’s Counsel would be that although Section 251 CFRN 1999 confers jurisdiction on the Federal High Court over matters pertaining to the operation of CAMA, the cause of action in this case involves a simple contract over which the Constitution has conferred general jurisdiction on the State High Court . Section 272 1999 CFRN. Onuorah v KRPC; National Union of Electricity Employees v Bureau of Public Enterprises.
An objection to jurisdiction is fundamental and can be raised at any stage in the proceedings even for the first time on appeal. Madukolu v Nkemdilim; Elabanjo v Dawodu. However, it is preferable to raise such objection at the earliest opportunity.
Such objection can be raised in any manner, by a Motion, by Notice of Preliminary Objection challenging the Court’s jurisdiction, by oral application challenging the Court’s jurisdiction, or even by the Court suo motu. Elabanjo v Dawodu.; Arjay v AMS Ltd.
Which Court has jurisdiction to hear and determine an action brought by the NBA against the President for over irregularities in the appointment of Judicial Officers and why? August 2011 No 6 (ii)
An action by the NBA challenging the appointment of a State High Court by the President should be commenced at the Federal High Court. This is because the Constitution in Section 251(l), (q), and (r) CFRN 1999 confers jurisdiction on the Federal High Court with respect to interpretation of the Constitution relating to any action affecting the validity of any executive or administrative act or decision of the Federal Government.
Assuming a matter is instituted at the High Court and the Court finds that it lacks jurisdiction to entertain the case, what should the Plaintiff/Claimant do? August 2011 No 6 (iii)
Where a High Court finds that it lacks jurisdiction to entertain an action, the appropriate order is to strike out the suit. The State High Court has no powers to transfer cases to the Federal High Court. China Ocean Shipping Line v NPA; Attah v Uthman; Fashakin Foods v Shosanya.
Assuming a matter is wrongly commenced at the Federal High Court and the Court finds that it is the State High Court that has jurisdiction. What should the Court do? Give reason(s) for your answer. August 2011 No 6 (iv)
Where a Federal High Court finds that it lacks jurisdiction to entertain an action, the appropriate order is to transfer the suit to the appropriate Court with jurisdiction. This is because the Federal High Court is empowered to transfer a case to the appropriate Court where it finds that it licks jurisdiction to hear the matter. Section 22(2) of the Federal High Court Act. Mokemu v Federal Commissioner of Works.
In an action for breach of contract instituted at the Lagos High Court, but where the Defendants reside and carry on business in Makurdi, and the contract was also executed in Makurdi, draft the application seeking to set aside the writ of summons on the ground of lack of jurisdiction. May 2012 No 1 (1)
Draft Application to set aside writ of summons:
In an action for breach of contract instituted at the Lagos High Court, which was challenged by the Defendants on the grounds that they reside and carry on business in Makurdi, and that the contract was also executed in Makurdi, the Judge dismissed the application on the ground that since the head office of the Defendants is in Lagos, he had jurisdiction. Write a one page opinion on the ruling of the Court. May 2012 No 1 (2)
The ruling of the Court would be wrong for the following reasons: Where the Defendant resides or carries on business in another State and the contract which is the subject matter of the suit was executed in that State,it is the High Court of that State that has jurisdiction to entertain the action. The High Court of another State lacks jurisdiction to entertain the action. Order 2 Rule 3 Lagos High Court Rules 2004. Akintunde v Ojo.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Draft a letter (not more than one page) to a Claimant in order to explore the possibilities of an amicable settlement before commencement of action in court. Aug.2010 No 2 (a)
Draft (Letter for ADR)
Assuming after a Defendant is served with an originating process, he still wants the matter referred to Arbitration, what steps must he take? August 2011 No 1 (e)
Where a Defendant has been served with an originating process and he still wants the matter referred to Arbitration, he must file a Motion on Notice for stay of proceedings pending Arbitration. If the motion is granted, he can then commence arbitration proceedings. The application must be filed before he takes further actions in the case, otherwise he will be deemed to have waived the right. Sections 4 & 5 Arbitration and Conciliation Act; Kaduna State Urban Development Board v Fanz Construction Ltd.
PARTIES
Explain the proper parties in the case. 2010 No 1 (c)
The proper parties in a case between residents of a community; and the State Government and a Company will be the Representatives of the community (since the community is not a juristic person and can only sue through Representatives); the Attorney General of the State (this is because the Attorney General is the proper party in actions involving the State) and the Company since the Company is a juristic person and can sue and be sued in its corporate name.
Can the Governor of a State be sued? 2009 No 1(b)
No civil proceeding can be instituted or continued against any person holding the office of Governor or Deputy Governor, or President or Vice President while he is in office. Section 308(1) (a) CFRN 1999. Also the appearance of such person cannot be compelled by any process of court. Section 308 (1) (c) CFRN 1999.
Therefore the Governor of a State can neither be sued nor can his presence in such proceedings be compelled by any process of the Court. The action against him will be incompetent and cannot be entertained by the Court. Tinubu v IMB Securities; Fawehinmi v IGP; Global Excellence Ltd v Donal Duke.
Who are the proper parties in a case between two States? 2009 No 3(i)
The proper parties in a case refer to the parties who are directly involved in the cause of action, in other words, the Plaintiff who alleges to have suffered the damage and Defendant who occasioned the damage. Mobil Producing Co. v LASEPA.
The Attorneys General of the State who are the Chief Law Officers of the States are the proper party in actions involving the State.
Assuming a Defendant contends that his failure to fulfil his obligation with the Claimant resulting in the action was due to the fault of a third party, and he wishes to proceed against such third party, draft the application (without the affidavit). August 2011 No 1 (f)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No:…………………………
Between
Mr. Ben Ajuwa……………………………………….………………………………………………….Claimant
And
M. Tobi Silas……………………………………………………………………………………………….Defendant/ Applicant
And
Star Bank Plc………………………………………………………………………………….…………..3rd Party/ Respondent
Motion Ex-Parte
Brought pursuant to Order 13 Rule 19 Lagos High Court (Civil Procedure) Rules, 2012 and Under the Inherent Jurisdiction of this Honourable Court
TAKE NOTICE that this Honourable Court will be moved on the………….day of………….2013 at the hour of 9 o’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the defendant/applicant for the following orders:
1. An order granting leave to issue third party notice against Star Bank Plc
2. And for such further or other order as this Honourable Court may deem fit to make in the circumstances of this case.
Dated this…………..day of………………….2013
……………………………………..
Femi James
James & Co.
Defendant/Applicant’s Solicitors
No. 1 Law School Drive,
Victoria Island,
Lagos
0802222222
femijames@Yahoo.com
Where a Defendant is covered by an insurance policy and he wishes to proceed against the insurance company, draft the application (without any supporting documents) May 2012 No 4(c)
Draft Third Party Notice:
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No………………………
Between:
Master Farid Collins (suing by his next friend Mr
Kunle Collins)……………………………….…………………………………………………………Plaintiff
And
1. Senator Olowo Martins
2. KabiruKolo………………………………………………………………………………….Defendants/Applicants
And
Commerce Insurance PLC…………………………………………………………………..Third Party/Respondent
Motion Ex-Parte
Pursuant to Order 10 Rule 8 of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2004 and under the Inherent Jurisdiction of this Honourable Court
TAKE NOTICE that this Honourable Court will be moved on ……………….the…………….day of …………….2012 at the hour of 9 o’clock or so soon thereafter as counsel may be heard on behalf of the defendant/applicant for:
1. An order granting leave to issue third party notice against Commerce Insurance PLC of No. 2, Adele Street, Maitama, Abuja.
2. Such further or other orders as the Honourable Court deem fit to make in the circumstances of this case.
Dated ………..day of……………2012
Joseph Agberojo Esq.
Agberojo & Co
Defndant Counsel
No. 2 Law School Road
Bwari, FCT, Abuja
Assuming a Landlord executed a Power of Attorney in favour of a Solicitor to manage his property and recover possession from tenants and other incidental matters, who will be the proper parties in the suit against James Peters to recover possession. Draft the parties heading on the Plaint. August 2011 No 4 (c)
Chief Ojo Benson Claimant
(Suing through his Lawful Attorney)
James Peters Defendant
In an action instituted by a child, hit knocked by a car, assuming the accident was partly due to the negligence of the school in allowing the child go home by himself, and it is sought join the school after the case has been commenced, draft the necessary application (without any supporting documents) May 2012 No 4(b)(i)
Draft Application for Joinder of Parties:
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No…………………..
Between
Master Farid Collins
(Suing by his next friend Mr. Kunle Collins)…………………..Plaintiff/Applicant
And
1. Senator Olowo Martins
2. Mr. Kabiru Kolo……………………………………………………………………….Defendants/Respondents
3. The Registered Trustees of Bright Star Secondary
School…………………………………………………………………………………Party sought to be joined as
Defendant/ Respondent
Motion on Notice
Pursuant to Order 10 Rule 5 of the High Court of the Federal Capital Territory (Civil Procedure) Rule, 2004 and under the Inherent Jurisdiction of this Honourable Court
TAKE NOTICE that this Honourable Court will be moved on…………the………….day of………..2012 at the hour of 9 o’clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the plaintiff/applicant for:
1. An order joining the Registered Trustees of Bright Star Secondary School as the 3rd defendant in this case.
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstance of this case.
Dated this……………day of…………….2012
Willian Elejo Esq
Elejo & CO.
Plaintiff’s Counsel.
No. 1 Law School Road,
Bwari, FCT, Abuja
For Service on:
1. The 1st Defendant
……………………………………………
2. The 2nd Defendant
…………………………………………..
3. Party sought to be joined
List the documents to be filed alongside an application for joinder of parties. May 2012 No 4(b) (ii)
Affidavit
Any documents to be attached as exhibits
Written address
PRE-ACTION CONSIDERATIONS
List (with reasons) the matters you will consider before taking any action in Court. 2009 No 2(b); 2010 No 3(b)
Prepare a checklist of at least eight matters that you will consider as Counsel to the Plaintiff before filing a suit in your client’s behalf. August 2011 No 5(a) (i)
» Cause of action
» Jurisdiction
» Parties
» ADR
» Pre-Action Counselling
» Limitation of Action
» Condition Precedent/Pre-action Notice
» Cost of Litigation
» Enforceability and Realization of Judgment
INSTITUTION OF PROCEEDINGS
What is the best process or form to commence an action in a case where the Claimant seeks the interpretation of a clause in an agreement? Why? August 2011 No 1 (a)
The best process to commence this action is by Originating Summons. This is because the action is for the interpretation of a document and the facts are not in dispute. National Bank v Alakija.
Draft the process to commence an action where the Claimant seeks the interpretation of a clause in an agreement without any supporting document. August 2011 No 1 (b)
Draft Originating Summons:
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No.: ……
Between:
Mr. Ben Ajuwa………………………………………………….…………………….Claimant
And
Mr. Tobi Silas…………….…………………………………..………………………Defendant
ORIGINATING SUMMONS
LET Mr. Tobi Silas of No. 2 Wuse Street, FCT Abuja within 42 days of service of this summons inclusive of the day of such service, cause appearance to be entered for him to this summons which is issued upon the application of the claimant for the determination of the following questions:
Whether the purchase receipt in respect of the land situate at No. 1 Ajasa Street, Lagos qualifies as a valid document of title in accordance with Clause 4 of the Development Lease Agreement between the claimant and defendant?
And upon the determination of the above question the claimant will seek the following reliefs:
1. A declaration that the purchase receipt in respect of the land at No. 1 Ajasa Street, Lagos qualifies as a valid document of title in accordance with Clause 4 of the Development Lease Agreement between the claimant and the defendant.
2. An order compelling the defendant to commence construction work on the land in accordance with clause 4 of the agreement.
3. Such other orders as the court may deem fit to make in the circumstance of the case.
Dated this……day of ……..20…….
This summons is issued out of Lagos State of Nigeria for service at the Federal Capital Territory, Abuja.
List the documents/forms that should accompany an Originating Summons. August 2011 No 1 (c)
» Affidavit
» Exhibits to be relied on
» Written address
» Pre-Action Protocol Form 1
Order 3 Rule 8 Lagos
In an action brought by the NBA challenging the appointment of a Justice of the Supreme Court and a Judge of a State High Court by the President, draft the heading, parties and the reliefs sought. August 2011 No 6 (v)
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA DIVISION
HOLDEN AT ABUJA
SUIT NO
BETWEEN:
THE REGISTERED TRUSTEES OF THE NBA PLAINTIFF
AND
ATTORNEY GENERAL OF THE FEDERATION DEFENDANT
HON JUSTICE …
HON JUSTICE …
RELIEFS
A DECLARATION that the appointment of the 2nd and 3rd Defendants as a Justice of the Supreme Court and a Judge of a State High Court respectively without following the due process is unconstitutional, null and void.
AN INJUNCTION restraining the 2nd and 3rd Defendants from parading themselves as a Justice of the Supreme Court and a Judge of the High Court respectively pending the determination of the substantive suit.
List the other documents that must be filed along with a statement of claim to commence an action in Lagos. May 2011 No 4(c) (i)
» Writ of Summons
» List of witnesses
» Statement on oath of witnesses
» Copies of documents to be relied on
» Pre- action Protocol Form 01
Order 3 Rule 2 Lagos
What is the legal consequence of failure to file any of the processes necessary to commence an action in Lagos? May 2011 No 4(c) (ii)
The legal consequence of failure to file the necessary processes is that the originating process will not be accepted for filing by the Registrar.
Order 3 Rule 2 (2)
Assuming a party intends to challenge the facts contained in an affidavit, what steps must the party take and what is the legal consequence of not taking such step. August 2011 No 1 (d).
Where a party intends to challenge the facts in an affidavit, the step to take is to file a counter affidavit. The consequence of failure to file counter affidavit is that the facts in the process of the claimant will be deemed to have been admitted. Alagbe v Abimbola.
Life Span of Originating Process
Within what time must a writ of summons (in Lagos) be served after the date of issue and what steps would the claimant take if he is unable to serve within that period? 2009 No 2(d)
The life span of a writ of summons in Lagos is 6 months in the first instance, after which it becomes invalid except renewed. Order 6 Rule 6 Lagos Rules 2012.
Where the Claimant is unable to serve the process during the 6 months period, he should apply for renewal of the writ for a further period of three months. The Court can only grant 2 renewals in each case provided that an originating process shall not be in force longer than a total period of 12 months. This should be done before the expiration of the writ. But the Claimant can still apply for renewal after the expiration of the writ. Kolawole v. Alberto.
SERVICE OF PROCESS
Assuming the defendant in an action is evading service of an originating process, how will you ensure that he is properly served? 2009 No 2(c)
To apply to the Court for leave to serve through substituted service.
Draft the application to ensure that a Defendant evading service is properly served. 2010 No 3(a)
Draft Substituted service:
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No……………….
BETWEEN:
ALHAJI USMAN ADEBAYO………………………..PLAINTIFF/ APPLICANT
AND
DAN KANO…………………………………………….DEFENDANT/RESPONDENT
MOTION EX PARTE
BROUGHT PURSUANT TO ORDER…..RULE……OF THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY (CIVIL PROCEDURE) RULES……AND UNDER THE INHERENT JURISDICTION OF THE COURT
TAKE NOTICE that this Honourable Court will be moved on …..day of…..20… at the hour of 9’O clock in the forenoon or so soon thereafter as counsel for the plaintiff/applicant may be heard on behalf of the plaintiff/applicant praying the Court for the following orders:
1. An order granting leave to the plaintiff/applicant to serve the processes in the suit on the defendant/respondent by substituted means, to wit (e.g. posting same on the conspicuous part of the premises; or by publishing same in the National Newspaper, e.g. the Guardian Newspaper, etc).
2. Such further order or other orders as the Honourable Court may deem fit to make in the circumstances.
Dated this…..day of…..2010
………………………………….
Success Proud, Esq.
Plaintiff/Applicant’s Counsel,
Plot 20 Shagari Way,
Wuse, Abuja, FCT
Comment on the validity of an originating process served by the Plaintiff on the messenger of the Defendant Company. May 2011 No 4(d)
Originating processes are required by law to be served on the defendant by personal service. Order 7 Rules 1, 2 & 9 Lagos. The service is to be effected by the Sheriff, Deputy Sheriff or other relevant officer of Court. Personal service on a company is effected delivering the process on any of the Principal Officers of the Company or by delivering at the Registered office of the Company. Section 78 CAMA. Service of a process on a messenger is invalid service. Mark v Eke.
Assuming in an action against a Defendant Company with its Registered Office in Lagos, the originating processes were served in the Abuja Office, what will be your response, if any as the Defendant’s Counsel? What steps would you take in Court on this issue? August 2011 No 5(a) (ii)
Personal service of a Court process on a company is effected delivering the process on any of the Principal Officers of the Company or by delivering at the Registered office of the Company. Section 78 CAMA. Mark v Eke. Service of a process at the Branch or other office of the Company, not being the Registered Office is invalid service.
As a Defendant Counsel, I will raise a preliminary objection to challenge the service as irregular.
SERVICE OF PROCESS OUTSIDE JURISDICTION
Assuming a Defendant is resident outside Nigeria and does not have a place of business in Nigeria, what steps should be taken to ensure that he is properly served with an Originating process. Would the procedure be necessary if the Defendant had been resident in or carries on business in Nigeria but in a State different from where the action is commenced? 2009 No 2(e)
Where an originating process is to be served on a Defendant outside Nigeria, the steps to take to ensure that he is properly served with an Originating process is to apply for leave of Court for the writ to be issued and served outside of jurisdiction in the foreign country. The originating process shall be sealed by the Registrar and transmitted by the Chief Registrar of the Court to the Solicitor General who shall thereafter further transmit it to the appropriate authority in that country for service on the Defendant. The writ would be endorsed for service outside the jurisdiction of Nigeria. Section 97 Sheriff and Civil Process Act.
The writ must also provide that the Defendant is given not less than 30 days to answer to the writ. Section 99 Sheriff and Civil Process Act.
Where the Defendant resides in or carries on business in Nigeria, but outside the jurisdiction of the Court, there will be no need for leave of Court for the writ to be served outside of jurisdiction since the whole of Nigeria is one jurisdiction under the Sheriff and Civil Process Act. Adegoke Motors v Adesanya. However, the writ would be still be endorsed for service outside the jurisdiction of Nigeria. Section 97 Sheriff and Civil Process Act and the writ must also provide that the Defendant is given not less than 30 days to answer to the writ and 42 days in the case of Lagos.
In an action for breach of contract instituted at the Lagos High Court, which was challenged by the Defendants on the grounds that the Writ should have been endorsed for service outside jurisdiction and the Judge dismissed the application. Write a one page opinion on the ruling of the Court. May 2012 No 1 (2)
The ruling of the Court would be wrong because where the Defendant resides or carries on business in another State and is to be served with an originating process, there be an endorsement that the process is for service outside the jurisdiction of Nigeria. Section 97 Sheriff and Civil Process Act and the writ must also provide that the Defendant is given not less than 30 days to answer to the writ (42 days in the case of Lagos). Section 99 Sheriff and Civil Process Act
PLEADINGS
Draft a statement of claim (not more than one page) 2010 No 3(b)
Draft a statement of claim (not more than 10 paragraphs) May 2011 No 4(b)
Draft a statement of claim (in not more than 7 paragraphs) May 2012 No 4(a)
Draft (Statement of Claim)
MATTERS THAT MUST BE SPECIFICALLY PLEADED
Where a claim is based on fraud, can it be successful in the absence of specific pleading. 2009 No 1 (c)
In a claim based on illegality or fraud, the action cannot succeed in the absence of specific pleading. The law requires that an allegation of illegality or fraud should be specifically pleaded and that the particulars ought also to be furnished. Adesanya v Otuewu; Onwuchekwa v NDIC; George v Dominion Flour Mills.
AMENDMENT OF PLEADINGS
Draft an application for the amendment of pleading. May 2011 No 1 (a)
Draft Application for amendment of pleading:
IN THE HIGH COURT OF LAGOS
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No……….
BETWEEN:
Molade Titus……………………………………………………Claimant/Applicant
AND
Mr. Kola Lawal…………………………………………….Defendant/Respondent
MOTION ON NOTICE
Pursuant to Order 24 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules, 2012 and Under the Inherent Jurisdiction of this Honourable Court
TAKE NOTICE that this Honourable Court will be moved on …………..day of…………20….. at the hour of 9 O’ clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the claimant/applicant for:
1. An Order granting leave to the claimant to amend Paragraph 4 of his Statement of Claim so that the plot of land referred to in this Paragraph will now be described as “No. 20 Kolawole Street, Lagos Island, Lagos State, formerly known as No. 16 Isaac Street, Lagos Island, Lagos State”
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstances of this case.
Dated this…….day of………..20….
…………………………………
James Danbaba
Rock Solicitors
Counsel to the Claimant/Applicant
No. 1 Law School Drive,
Victoria Island,
Lagos
For service On:
Defendant/ Respondent
c/o His counsel
Star Solicitors
No. 10 Law School Drive,
Victoria Island,
Lagos
At what stage of proceedings can an application for amendment of pleadings be made (in Lagos)? May 2011 No 1 (b) (i)
An application for amendment of pleading can be made at any time before the close of pre-trial (now case management) conference and not more than twice during trial but before the close of the case of the party. Order 24 Rule 1 Lagos
At what stage of proceedings can an application for amendment of pleadings be made (in Abuja)? May 2011 No 1 (b) (ii)
An application for amendment of pleading can be made at any time before the judgment. Order 24 Rule 1 Abuja.
Assuming an applicant has already been granted two applications to amend his pleadings during the trial of his case, comment on the validity of the third application for amendment? May 2011 No 1(c) (iii)
An application for amendment of pleading in Lagos can be made at any time before the close of pre-trial conference and not more than twice during trial but before the close of the case of the party. Order 24 Rule 1 Lagos. A third application will be invalid.
APPLICATIONS CHALLENGING PLEADINGS
Can a vague claim be successful? 2009 No 1(c)
A pleading can be challenged on the grounds that it discloses no reasonable cause of action, or that it is vexatious, embarrassing and frivolous. A vague claim which does not provide enough particulars is incompetent and cannot be successful.
SETTLEMENT OF ISSUES/PRE-TRIAL CONFERENCE
What possible sanction(s) could a Court make against a Defendant who was absent at a Pre-Trial Conference and was not represented. August 2011 No 3 (a)
Where a Defendant is absent at a pre-trial conference, final judgment may be entered against him. Order 25 Rule 6 Lagos.
Assuming Judgment was entered against a Defendant for default in Pre-Trial Conference, state the steps the Defendant must take to set aside the Judgment. August 2011 No 3 (b)
Where a Defendant is absent at a pre-trial conference, and final judgment was entered against him. He may within 7 days apply to the Court to set aside the judgment. He must undertake to participate effectively at the Pre-trial conference. Order 25 Rule 6 Lagos.
Where a Claimant’s Counsel in Lagos applies for issuance of a Pre-Trial Conference Notice through his Firm’s letter head with Form 17 attached and a Defendant raises an objection stating that the application was invalid since it was not done by a motion on notice as required by Order 25 (1) Lagos Rules 2004, assuming you were the Judge, write a ruling on this objection. August 2011 No 3 (c)
The procedure for application for a Pre-Trial Conference Notice is by an application which shall be in Form 17- Order 25 Rule 1 Lagos. Where a Claimant applies for a pre-trial conference notice by a letter with the form 17 attached, there is substantial compliance with the Rules, notwithstanding that the application was not made by a motion as required by Order 39 Rule 1 Lagos.
In an action where the Defendant failed to appear for the pre-trial conference and the Judge entered final judgment for the Claimant, the Defendant’ Counsel has applied to set aside the judgment, write a one page ruling on the application. May 2012 No 1 (4)
Pre-trial conference is commenced with an application for issuance if a pre-trial conference in Form 17 and the applicant is issued a Pre-trial Conference Notice in Form 18. Where a Defendant is absent at a pre-trial conference, or disobey a pre-trial conference scheduling order, or is substantially unprepared to participate in the conference or fails to participate in good faith, the Court may enter final judgment against him. Where that is the case, the Defendant may within 7 days apply to the Court to set aside the judgment. He must give an undertaking to participate effectively at the Pre-trial conference. Order 25 Rule 6 Lagos.
Where a defendant fails to apply within 7 days for the judgment to be set aside, or applies after 7 days, or applies within 7 days but fail to explain the reason for his absence and to give an undertaking to participate effectively at the conference, the application.
The application to set aside the judgment is hereby refused.
APPOINTMENT OF JUDICIAL OFFICERS
Comment on the likelihood of success of a case brought by the NBA challenging the appointment of a Justice of the Supreme Court and a Judge of a State High Court, whose appointments were done by the President on the recommendation of the Chief Justice of the Federation and duly confirmed by a Judiciary Committee set up by the President. August 2011 No 6 (i)
The NBA has a good case because by Section 231(2) CFRN 1999, an appointment to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council and subject to the approval of the Senate. In this case, the appointment although made by the President, it was not on the recommendation of the National Judicial Council. Also the appointment was not ratified by the Senate but by a Committee set up by the President. These were all in breach of Section 231(1) CFRN 1999.
Secondly by Section 271(2) CFRN 1999, an appointment to the office of a Judge of the High Court of a State shall be made by the Governor on the recommendation of the National Judicial Council. The appointment does not require confirmation by the House of Assembly. In this case, the appointment was not made by the Governor but by the President.
Consequently, the appointments are unconstitutional and invalid and liable to be declared so by the federal High Court.
DOCUMENTARY EVIDENCE
What amounts to sufficient pleading of a documentary evidence to warrant its admissibility in evidence? 2009 No 1(e)
The criteria for the admissibility of a documentary evidence is whether the document has been pleaded, whether it is relevant and whether it is admissible, i.e. in the form required by Law for its admissibility. ACB v Gwagwada; Okonji v Njokanma. What amounts to sufficient pleading of a document is if reference has been made to it. Order 15 Rule 2 Lagos.
Can a party tender his own copy of an agreement as primary evidence in a case? 2009 No 6 (iii).
Yes a party can tender his own version of an agreement as primary evidence because primary evidence includes documents executed in several parts, or in counterparts and documents made from one uniform process. Section 86 Evidence Act.
Where a party intends to tender a photocopy of a private document, the original of which is with the adverse party, what proper foundation must the party lay. 2009 No 6(iv)
Where a party seeks to tender a private document, of which the original is with the adverse party, he should first law proper foundation by first showing that original is with the adverse party. Section 86 Evidence Act.
Assuming that all the original copies of the primary documents intended to be relied upon by a Claimant are in the possession of the Defendant, how will the contents be proved at the trial? May 2011 No 4(e)
Where a party seeks to tender a private document, of which the original is with the adverse party, he should first law proper foundation by first showing that original is with the adverse party. Section 86 Evidence Act.
In an election petition case, the Plaintiff Counsel sought to tender the CTC of polling units results (Form EC8A(1)) and the Defendant’s Counsel objected on the ground that since there were agents at all the polling units, only the original copies of the poling units results are admissible in evidence. The tribunal upheld the objection and marked the documents as tendered and rejected. Comment on the ruling of the tribunal. May 2012 No 5(2)
The Tribunal was wrong to have upheld the objection to the admissibility of the election results and held that only original copies of election results are admissible.
Polling units results (Form EC8A (1)) are public documents as defined in Section 102 Evidence Act 2011. By Section 90 Evidence Act, certified true copies of public documents are admissible as the only form of secondary evidence of public documents. Minister of Lands v Dr Nnamdi Azikiwe. Public Documents are mostly proved through secondary evidence (i.e. CTC).
Comment on a trial Judge’s decision to reject a certificate of occupancy on the grounds that it was tendered from the bar, and on the ground that it was not listed as one of the documents to be relied upon at the trial. May 2011 No 2(d)
Certified True Copies of public documents and original copies of gazettes may be tendered from the bar. Other documents must be tendered through witnesses except where the adverse party agrees to the tendering of the document from the Bar. In this case, the decision of the Judge to reject the C. of O. in the absence of objection from the adverse party was wrong. Ogbuinyinya v Okudo; Agagu v Dawodu.
Failure to frontload the document does not render it inadmissible as long as it has been properly pleaded. Abuja Rules does not provide the consequences of not frontloading. The Judge would be wrong to reject the admissibility of the C of O on this ground.
Comment on a trial Judge’s decision to reject a witness statement on oath on the grounds that it was sworn before the Plaintiff Counsel, who is a Notary Public. May 2011 No 2(d)
An affidavit shall not be sworn before a Notary public who is a Counsel to the party for whom the affidavit is to be filed shall not be admissible. In this case, the witness statement on oath, having been sworn before the Plaintiff’s Counsel is inadmissible. Section 19 Notary Public Act. Buhari v INEC.
Assuming in an action, a Plaintiff/Applicant attaches a photocopy of a medical report from a Government hospital and the Respondents object to the photocopy, what will be your reaction? August 2011 No 2 (f)
A medical report from a Government hospital is a public document. The only form of public document accepted as secondary evidence is the CTC. A photocopy of a medical report is inadmissible.
Assuming that an IPO in a Police Station investigated the report of nuisance by the loud speakers of a Defendant and wrote a report, how would the Plaintiff’s Lawyer be able to tender the IPO’s report in the Magistrate Court? August 2011 No 4 (e)
The IPO report can be tendered through the IPO by calling him as a witness. He would be led in evidence and proper foundation will be laid before tendering the report.
INTERLOCUTORY APPLICATIONS
What is a party required to do to preserve the status quo in an action pending the determination of a case in Court. 2010 No 2(a)
In other to preserve the status quo in an action pending the determination of the substantive action in court, the Claimant should file an application for interlocutory injunction which must be supported by an affidavit.
Draft the application above with the affidavit and all the relevant documents. 2010 No 2(a)
Draft Interlocutory injunction:
Where there are two motions before the Court, one seeking to strike out the case and the other seeking to regularize it, which of the motions is the Court bound to take first. 2009 No 4(b); August 2011 No 5(d)
If there are two motions pending before the Court, one that would preserve the action will be given precedence over the one that would destroy the action. Nalsa & Teem Associates v NNPC.
In an application for extension of time to enter appearance and file statement of defence, what is the most important document that must be annexed to the affidavit before the Court can grant it? 2009 No 4(c)
In an application for extension of time to enter appearance and file a defence, the Rules require the Defendant to show a good defence. This is usually done exhibiting such defence to the affidavit in support of the application. The application shall be done within a reasonable time. Order 10 Rule 11 Lagos.
Draft an application for extension to file statement of defence out of time. August 2011 No 5(c)
Draft Application for extension of time:
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION HOLDEN
HOLDEN AT ABUJA
Suit No: ……..
BETWEEN:
JOHN ALI
(Trading Under the name and style “ John Ali & Sons)……………Plaintiff/Respondent
AND
HOPEDAY CONSTRUCTION LTD……………………………………..Defendant/Applicant
MOTION ON NOTICE
Brought Pursuant to Order…..of the High Court of the Federal Capital Territory Civil Procedure Rule, 2004, and the Inherent Jurisdiction of the Honourable court
TAKE NOTICE that this Honourable Court will be moved on the….day of …..20….. at the hour of 9’ O clock in the forenoon or so soon thereafter as counsel to the Defendant/Applicant may be heard praying the court for the following order(s):
1. An order enlarging the time within which the Defendant/Applicant may fie his pleadings (or Statement of Defence) in the suit.
2. An order deeming the statement of Defence and the frontloaded documents hereto attached and marked as exhibit A as properly filed and served, the proper fees having been paid.
3. Such further order or orders as the Honourable Court may deem fit deem to make in the circumstances of this suit.
Dated this…………day of…………,20….
…………………
Name And Address of Defence Counsel
Address for Service:
On the Plaintiff
c/o his solicitors,
Name and Address of Plaintiff’s Counsel
AFFIDAVIT
What is the Court required to do upon being confronted with conflicts in an affidavit. 2009 No 4(f); May 2012 No 6 (c)
Where there are manifest or irreconcilable differences or conflicts in the depositions contained in two affidavits, then the Court will rely on oral evidence to resolve the differences. Falobi v Falobi; Olu Ibukun v Olu Ibukun. However, where there are sufficient documentary evidence to resolve the differences, the Court will rely on the documents and there will be need to call oral evidence. Nwosu v ISESA.
NO CASE SUBMISSION
Explain the conditions for granting a no case submission in a civil trial and the effect on the case. May 2011 No 2(e)
The Conditions for the granting of a no case submission in civil cases are: if no evidence has been established by the Plaintiff; if the evidence led by the Plaintiff is so unsatisfactory or unreliable that the Court must hold that the burden of proof on the Plaintiff has not been discharged.
The effect of a no case submission is that where it is upheld, the case of the plaintiff will be discharged.
Where the no case fails and the defendant has been put to his election when making the no case submission, he will not be allowed to adduce evidence, for he will be deemed to have relied on the case of the Plaintiff and judgment will be given in favour of the Plaintiff.
But where the no case fails and the defendant has not been put to his election when making the no case submission, he will be allowed to adduce evidence, and subsequently address the Court. Ekpaya v Akpan.
INTERPLEADER PROCEEDINGS
In the event of the death of a Landlord and there are two parties laying claim to being entitled to rent, what application should a tenant make? May 2012 No 6 (a)
The application that will be required is an Interpleader Summons brought in the form of an Originating Summons accompanied by an affidavit.
Draft only the affidavit in support of the application above May 2012 No 6 (b)
Draft Affidavit in support of Interpleader Application:
If on the date fixed for the hearing of an interpleader application, and one of the Respondents failed to appear in Court despite having been served, what likely Order will the Court make against him? May 2012 No 6(e)
If on the date fixed for the hearing of an interpleader application, one of the Respondents failed to appear in Court despite having been served, the Court may make an order declaring him and all persons claiming under him for ever barred against the applicant and persons claiming against. However, such order shall not affect the rights of the claimants as between themselves. Order 26 Rule 8 Abuja.
SUMMARY JUDGMENT/UNDEFENDED LIST PROCEDURE
What procedure would you advice a Plaintiff to adopt to obtain a speedy judgment where he believes the Defendant has no defence to the claim? 2009 No 1 (f)
The procedure that will ensure speedy judgment is a Summary Judgment under Order 11 Lagos. All that is required is for the Plaintiff to show that the defendant has no defence to the claim.
What are the originating processes to be filed under this procedure (in Lagos)? 2009 No 1(f); 2010 No 3(b)
» Writ of Summons
» Statement of Claim
» Exhibits to be relied on at the trial
» Statement on oath of witnesses
» Application by Motion for Summary Judgment
» Affidavit in support of motion
» Written Brief in support of motion
Order 11 Rule 1 Lagos
DEFAULT JUDGMENT
Assuming all defendants in an action fail to enter appearance or file statements of defence within the time required by the Rules, draft the application you will file (with the affidavit) 2010 No 2(c)
Draft Application setting down a suit for trial and Affidavit in support:
IN THE COURT OF LAGOS STATE OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No: ……….
BETWEEN:
1. Mrs. AB……………………
2. Mr. CD………………………
(suing for themselves and as representatives of
Lekki-Epe Residents Association)…………………………………………Claimants/Applicants
AND
1. PREMIUM CONSTRUCTION COMPANY LTD
2. ATTORNEY-GENERAL OF LAGOS STATE……………………Defendants/Respondents
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 10 RULE 1 OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE RULES), 2012 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT
TAKE NOTICE THAT this Honourable Court will be moved on the……………day of…………2010 at the hour of 9’ O clock in the forenoon or so soon thereafter as counsel for the Claimants/Applicants praying the court for the following orders:
1. An order on setting this suit down for hearing.
2. And such further order or other orders as this Honourable Court may deem fit to make in the circumstances.
Dated this……day of……20……
Charles Obi, Esq.,
Claimant/Applicant’s Counsel,
20 xyz Crescent,
Victoria Island, Lagos
Address for Service:
The Defendant/Respondent
c/o Their Counsel,
No. 3 ABC Road,
Ikoyi, Lagos
When is it appropriate for a Court to grant an Order setting down a suit for trial under the default judgment procedure? 2009 No 4(a)
In an application for default judgment, it is appropriate for the Court to set down a suit for trial where the claim is such default judgment cannot be granted, for example in declaratory reliefs which the claimant must prove even if the Defendant admitted the facts.
What are the grounds upon which the Court can set aside a default judgment? 2009 No 4(d)
By Order 20 Rule 12 Lagos, the Judge is empowered to set aside any default judgment obtained under the Rules, only on the grounds of fraud, non service and lack of jurisdiction. Then by Order 10 Rule 11 Lagos, which relates only to judgment given default of appearance, the judgment can be set aside if the Defendant shows a ‘just cause’ for the default. Thus any reason given by the Defendant which the Court considers to be a just cause for the default can suffice as a ground to set aside the judgment, if given in default of appearance.
CIVIL EVIDENCE
COMPETENCE AND COMPELLABILITY OF WITNESSES
Can a Senator of the Federal Republic of Nigeria be compelled to testify in an action? May 2012 No 4(d).
The position of law is that all competent persons are compellable witnesses unless the law provides otherwise. There is no law against the compellability of an individual Senator of the Federal Republic of Nigeria. The law on legislative immunity applies to the Senate/Legislative House as a body. The immunity conferred by Section 308 1999 CFRN applies only to the President or Vice President and Governor or Deputy Governor. A Senator of the Federal Republic of Nigeria is a compellable witness. Section 175 Evidence Act 2011.
What category of persons will you present as witnesses to tender polling units results. Explain if such persons are competent and compellable. Explain the process of compelling such witnesses. May 2012 No 5(3)
The appropriate persons to call as witnesses to tender polling units results are the polling officers from the electoral body and polling agents of the parties.
Polling officers and party agents are competent witnesses. All persons are competent to give evidence unless such persons are prevented from understanding the nature of questions put to them and from providing rational answers to such questions by reason of tender age, extreme old, disease (whether of the body or of the mind). Section 175 Evidence Act 2011.
EXECUTION OF JUDGMENT
Draft an application for the execution of a money judgment where the judgment creditor discovers that there is some money in a bank standing to the credit of the judgment debtor. 2010 No 5(a); May 2011 No 5(b); May 2012 No 2(a)
Draft Garnishee proceedings:
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No: …………….
BETWEEN:
MR. UCHE OLOWOLAFE……………………………..JUDGMENT CREDITOR/APPLICANT
AND
1. MR. BARAKAT JAGUN…………………………….…….JUDGMENT DEBTOR/RESPONDENT
2. PREMIER BANK PLC……………………………………....GANISHEE/RESPONDENT
MOTION EX-PARTE
BROUGHT PURSUANT TO ORDER…………RULE……….JUDGMENT ENFORCEMENT RULES AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on…………day of………..20……… at the hour of 9’ O clock in the forenoon or soon thereafter as Counsel may be heard on behalf of the judgment creditor/applicant for:
1. A garnishee order nisi attaching the sum of N10m standing to the credit of judgment debtor in account No. …… at the Wuse Branch of the Ganishee in satisfaction of the judgment in favour of the judgment creditor/applicant in this case.
2. And such other order that this Honourable Court may deem fit to make in the circumstances of the case.
Dated this…………day of……….20……….
Funmi Ogunjobi
Counsel to the Judgment Creditor/Applcant
Funmi Ogunjobi & Co.
10 Labiz Crescent,
Abuja.
What is the Order the Court upon hearing the application above? 2010 No 5(b)
Upon hearing a garnishee application, the Court will order a garnishee nisi.
Upon service of the Order of Court on a Garnishee, what process would they be required to file (if any)? 2010 No 5(c);
Upon being served with an Order of Garnishee Nisi, the Garnishee will need to file an affidavit of return showing the particulars of the monies in the account standing to the credit of the Judgment Debtor with the Garnishee Bank.
Where a Garnishee acknowledges that a Judgment debtor indeed has money in an account with it, draft the process the Garnishee needs to file on being served with a Garnishee Order Nisi. May 2012 No 2(c)
Draft Affidavit to show cause in a Garnishee proceedings:
Assuming the Court is satisfied that there is money in the account of the Judgment debtor, what Order would the Court make. 2010 No 5(d)
Where a Court is satisfied that there is money in the account of the judgment debtor, the Court will make a garnishee order absolute compelling the payment of the monies in the account of the judgment debt or with the garnishee to the judgment creditor.
Write a legal opinion on the actions and steps taken by the Judgment Creditor’s Lawyer in this case to realize the judgment debt and how would you proceed to realize the judgment debt if you were the Lawyer. May 2011 No 5(a);
Which items of the Judgment debtor would you advice a Judgment Creditor to proceed against in the first place? May 2011 No 5(b)
Execution of judgment is ordinarily levied against the movable properties (goods and chattels) of the judgment debtor but if there are no sufficient goods and chattels that can with reasonable diligence be found in the State for the payment of the debt, then the judgment creditor may apply to the Court to attach the immovable properties of the judgment debtor.
However, where the judgment debtor has monies in an account, the first items that I would advise a judgment creditor to proceed against the judgment debtor will be the money in the account.
APPLICATIONS PENDING APPEAL
In order to prevent a party from destroying or tampering with the subject matter of litigation pending the determination of the appeal, which application will you file and where will you file it. 2010 No 4 (e)
In order to prevent a party from destroying or tampering with the subject matter of litigation pending the determination of the appeal, the application I will file is an injunction pending appeal.
The application can be filed at either the High Court or the Court of Appeal. Being an application for injunction, it need not first be filed at the High Court before it can be made at the Court of Appeal.UBA v Mode.
But if the appeal has already been entered, then the application can only be filed at the Registry of the Court of Appeal as the Lower Court would have ceased to have jurisdiction to entertain interlocutory applications in the suit. Coker v Aderemi.
APPEAL
Draft the application for the commencement of a valid appeal against a final judgment of a High Court which allowed an appeal against a decision of a Magistrate Court, six months ago on the ground that the Magistrate Court did not properly evaluate the evidence before it. May 2010 No 4 (c)
Draft Trinity Application:
Formulate one issue for determination in the appeal above May 2010 No 4 (d)
Whether the learned trial Judge in the High Court was right when he held that the Magistrate Court that tried the case did not consider all the relevant evidence before the Court.
What is the proper procedure to be adopted by an Appellant to file his appeal against a judgment delivered on 2nd Oct 2010 where the client briefed you in March 2011. And why? May 2011 No 2(a)
A final decision of a High Court must be filed within 3 months of delivery of the judgment. The party in this case is seeking to appeal outside 3 months and so the proper procedure to take is to file an application for extension of time to file the appeal. Section 24 Court of Appeal Act. Akpan v Ekpo; CCB v AnambraState.
Draft the application to bring a valid appeal against a judgment delivered in Oct 2010 and sought to be appealed against in March 2011. May 2011 No 2 (b)
Draft Application for extension of time to appeal:
IN THE COURT OF APPEAL
IN THE ABUJA DIVISION
HOLDEN AT ABUJA
Appeal No: ………….
Suit No: ………..
BETWEEN:
Mr. Ali Musa Asukwu……………………………..Applicant/Applcant
AND
Mr. Bassey Okon…………………………………….Respondent
MOTION ON NOTICE
PURSUANT TO ORDER 7 RULE 4 COURT OF APPEAK RULES, 2007 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the………..day of………..20…. at the hour of 9’ O clock at the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant/Applicant for:
1. An order extending the time within which to file an appeal against the decision of the High Court of Abuja delivered on 2nd October 2012.
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstances of this case.
Dated this………….day of……20……………
…………………………….
Mr. Baguda Kano
Baguda Kano & Co.
No. 15, Maitama Street.
Abuja.
For service on
Mr. Bassey Okon
No. 1 Aso Drive
Assokoro, Abuja.
List the contents of a Notice of Appeal. May 2011 No 2 (c)
» Heading of the Court
» Appeal and Suit No
» Parties and their capacity
» Title of the Notice
» Notice containing particulars of the judgment appealed against
» Part of the decision appealed against: whether whole or part
» Grounds of appeal with particulars
» Reliefs sought from the Court of Appeal
» Names and addresses of the persons directly affected by the appeal
» Date
» Name, address and signature of the Appellant or his Counsel
» Address for service
Draft a notice of appeal to reflect the errors in a judgment. May 2012 No 5(1)
Draft Notice of Appeal:
Draft the application for the commencement of a valid appeal against an order of cost by a Court where the Appellant is out of time. May 2011 No 1 (c) (i)
Draft Application for extension of time to appeal:
Comment on the likelihood of the success of an appeal against an award of cost by the Court May 2011 No 1 (c) (ii)
The Court has powers to award costs to parties based on the circumstances of each case. The amount awarded to be paid is also within the discretion of the Court. Also the Court has discretion in appropriate cases to order that the cost to be paid to be borne personally by the Counsel where the cost was occasioned by default of the Counsel. The position of the law is Appellate Courts are reluctant to interfere with the exercise of discretion by a lower court once it has been exercised judiciously and judicially. Therefore an appeal against an order of cost is not likely to succeed. See Order 49 Rules 6 & 13 Lagos Rules 2012.
In an appeal against a decision of the High Court dismissing a preliminary objection to its jurisdiction, delivered two months ago, within what time, where and how will you file the appeal to ensure that the appeal is competent? May 2012 No 1 (5)
An Order of a Court that it has no jurisdiction is a final decision. Western Steel Workers Ltd v Iron and Steel Workers Union. But a decision that it has jurisdiction is an Interlocutory decision. Akinsanya v UBA Plc. The time for appealing against an Interlocutory judgment is 14 days from the date of delivery of the judgment. Section 24 Court of Appeal 2010. The party in this case is seeking to appeal outside 14 days, and so the proper procedure to take is to file an application for extension of time to file the appeal. This is to be done by a Notice of Motion for extension of time and must be filed at the Registry of the Court of Appeal because the High Court lacks power to extend the time for filing notice of appeal. The application must be supported with an affidavit stating cogent reasons for the delay and good cause why the appeal should be heard. Also being an interlocutory decision on ground of mixed law and fact, the proper application is to ask for the trinity prayer.
RECOVERY OF PREMISES
In numbered paragraphs, set out the steps you will take to actualize the instructions of his clients to recover possession of his premises. 2009 No 6(i); 2010 No 4(a); May 2011 No 3(a)
» Obtain letter of consent from the landlord (if the Solicitor or Agent)
» Serve the statutory notice to quit on the tenant
» If the tenant does not vacate the premises at the expiration of the notice to quit, serve 7 days notice of owner’s intention to apply to recover possession
» If he still fails to vacate at the end of the 7 days , apply to the Court by plaint/claim or writ to recover possession before the appropriate court.
Draft a noticed to quit to determine a tenancy 2009 No 6(ii); 2010 No 4(b); May 2011 No 3(c)
Draft Notice to Quit
To: Mr. John Thunder
Block 2 Flat 10
Katagun Street,
Ikeja,
Lagos.
Sir,
I, Orji A Uka, as Solicitor to Chief Olowo, your landlord and on his behalf give you notice to quit and deliver up possession of the four bedroom premises with the appurtenances situate at 22 Koko Lodge Surulere, Lagos which you hold of him as yearly tenant thereof on the 30th day of September, 2012.
Where a tenant has been served six months’ notice to quit premises, what other notice is required to be served before an owner can commence action to eject a tenant from the premises. August 2011 No 4 (a)
Draft the notice above. August 2011 No 4 (a)
Draft Seven days Notice:
To: Mr. John Thunder
Block 2 Flat 10
Katagun Street,
Ikeja,
Lagos.
Sir,
NOTICE TO OCCUPIER OF OWNER’S INTENTION TO APPLY TO RECOVER POSSESSION
I, Orji A Uka, as Solicitor to Chief Okon Banga, the owner, do hereby give you notice that unless peaceable possession of the 2 bedroom premises with the appurtenances thereto situate at Block 2 Flat 10, Katagun Street, Ikeja, Lagos which you held of the owner under a yearly tenancy which tenancy was determined by a quit notice to quit from the said 2 bed room premises given on 20th of June 2011, to expire 31st ofDecember 2011. And which premises are now held over and detained from the said owner, be given to the owner on or before the expiration of seven (7) clear days from the service of this notice. I shall on Wednesday, the 27th day of March 2012 apply to the District Court acting for the district of Wuse Area Council for summons to eject any person therefrom.
Assuming a client sought to be evicted is an employee of the owner who occupied the premises as an incentive and his employment has been terminated, what steps are required to recover the premises from him. May 2011 No 3(b)
Where an employee of a landlord had occupied the premises as an incentive, that qualifies him as a service tenant. When his employment is terminated, on the authority of Chukwuma v SPDC and Emeka Nwanna v FCDA, he will be treated as licensee who can be evicted from the premises without service of statutory notices or action in Court.
However, on the authority of Sule v Nigeria Cotton Board and Oduye v Nigerian Airways; upon the termination of the employment of a service tenant, he becomes a statutory tenant who cannot be evicted without the service of the statutory notices and eviction in court.
In which Court will you commence an action for the recovery of premises whose annual rental value is N600,000 (in Lagos) May 2011 No 3(d)(i)
The Magistrate Court Lagos. Section 28 Magistrate Law 2009 or the High Court of Lagos State Section 272 CFRN 1999.
Where a landlord instituted an action at the Magistrate Court Lagos for the recovery of premises where the total claim is N18,000,000 being rent for two years, and the Tenant objects to the jurisdiction of the Magistrate Court, respond to the objection. August 2011 No 4 (b) (ii)
The position of the law is that what determines the monetary jurisdictional limit of the Magistrate Court Lagos is the annual rental value of the premises. If the annual rental value does not exceed N10,000,000 the Magistrate Court has jurisdiction notwithstanding that the cumulative amount claimed, i.e. arrears of rent or mesne profit is more than N10,000,000. Section 28(2) Magistrate Law 2009; Joyland v Wemabank.
When does a mesne profit start to run, and what is the basis for the calculation of mesne profit. May 2011 No 3(d) (ii)
Mesne profit will begin to run after the expiration of the notice to quit. And the basis of the calculation of mesne profit is the current market value of the premises.
Where a tenant contends at a hearing for the recovery of premises that he has no alternative accommodation and so the owner is not entitled to recover possession, what will be your reaction. May 2011 No 3(e)
Once the Landlord has fulfilled the any of the conditions or grounds contained in Section 25 of the Tenancy Law of Lagos State 2011, he is entitled to judgment being entered in his favour for possession of the premises. It does not matter that the tenant has no alternative accommodation.
Where a tenant objects to the procedure for the recovery of premises on the ground that the Solicitor did not get a written authority from the Landlord, respond to the objection. August 2011 No 4 (b) (i)
The position of the law is that for an agent or Solicitor of a Landlord to validly issue any of the statutory notices to a tenant, he must first be instructed in writing by the Landlord and given a written authority. Coker v Adetayo; Ayiwoh v Akorede. The objection is likely to succeed.
Where a tenant objects to the procedure for the recovery of premises on the ground that the quit notice was invalid having not been served by a Court Bailiff, respond to the objection. August 2011 No 4 (b) (iiii)
A quit notice is not a process of Court and does not require service by a Bailiff or other officer of Court for it to be properly served. The objection will fail.
ELECTION PETITION
What is the proper venue for the presentation of a petition challenging a Governorship election? May 2011 No 6(1)
Governorship Election Petition Tribunal
Who are the proper parties to the action? May 2011 No 6(2)
The Petitioner: A candidate at the election; A political party which participated at the election.
The Respondent: A person whose election is complained of. Section 137 Electoral Act.
On what grounds can an election petition be filed? May 2011 No 6(3)
» That the person whose election is questioned was, at the time of the election, not qualified to contest the election
» That the election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act
» That the Respondent was not duly elected by majority of lawful votes cast at the election
» That the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.
Section 138 Electoral Act 2010.
List the contents of an election petition. May 2011 No 6(4) (a)
» Name of the Tribunal having jurisdiction
» The parties
» Right of the petitioner to present the petition
» The holding of the election
» Scores of the candidate
» Person declared as the winner
» Facts and grounds for the presentation of the petition
» Prayers/reliefs sought
» Signature of the petitioner and solicitor
» Address for service
Draft the formal parts of the petition including the prayer clause. May 2011 No 6(4) (b)
Draft Formal parts of an election petition:
IN THE GOVERNORSHIP ELECTION TRIBUNAL
HOLDEN AT ZAMFARA STATE
PETITION NO: …….
IN THE MATTER OF GOVERNORSHIP ELECTION HELD ON 26TH APRIL, 2011
BETWEEN:
1. CHIEF SAMINAKA JONES
2. MEGA RENAISANCE PARTY OF NIGERIA (M.R.P.N.)……………PEITITIONERS
AND
1. DR. SULEIMAN KOFO
2. POWERFUL PARTY OF NIGERIA (P.P.N.)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION……….RESPONDENTS
PETITION
The petition of Chief Saminaka Jones of No. 1 Saminaka Avenue, Zamfara State whose name is herein subscribed.
1………..
2…………
3…………..
Whereof the Petitioners pray as follows:
That it may be determined that the said election was voided by the acts and malpractices which violate and breach the provision of the Electoral Act, 2010 and fresh election be ordered.
Dated this………….day of…….20
……………………..
Baba Ala
Baba Alo & Co.
(Petitioner’s Counsel)
Alo Road,
Zamfara
Petitioner’s Address for Service:
Baba Alo
Baba Alo & Co.
1 Alo Road, Zamfara,
Zamfara State.
For Service On:
1st Respondent
2 Asera Road, Zamfara, Zamfara State
2nd Respondent,
45, Reservation Road,
Asokoro
Abuja
3rd Respondent
43 Maitama Road,
Abuja.
What documents should accompany an election petition? May 2011 No 6(5)
» List of witnesses
» Written statement on oath of witnesses
» Copies of list of documents to be relied on.
What is the legal consequence of failure to pay security for cost in an election petition May? 2011 No 6(6)
That hearing of the petition will be stayed until the security for cost is paid. Para. 2 (first schedule to the 2010 Act); Nwobodo v CC Onoh; Omoboriowo v Ajasin.
FUNDAMENTAL RIGHTS ENFORCEMENT
Enumerate the procedure to successfully enforce a person’s fundamental rights. 2009 No 5(i)
» Application for enforcement of fundamental right (without leave) and with any originating process accepted by the Courts
» The application is to be accompanied by:
- A statement t setting out the name and description of the applicant, the reliefs sought and the grounds for which the reliefs are sought
- An affidavit verifying the facts relied on.
- Written address in support of the application.
Can a person bring an application for the enforcement of his right to a traditional title using the FRE Procedure? 2009 N0 5(ii)
The procedure for the enforcement of fundamental rights is available to any person whose rights under Chapter IV of the Constitution has been infringed. Chieftaincy matters are not covered by the provisions of Chapter IV of the Constitution. Consequently, a person cannot bring an action to enforce his right to a chieftaincy title under the Fundamental rights procedure.
Tukur v Govt of Gongola State; Egbonu v Borno Radio Corporation.
Can a person use the FRE Procedure to incorporate a claim for the theft of his car as his main claim under the FREP Rules? 2009 N0 5(iii)
It is not appropriate to use the fundamental rights enforcement to incorporate a claim for the theft of a person’s car as a main claim. For the fundamental rights enforcement procedure to be applicable, the main claim must relate to an infringement of one of the right under Chapter IV of the Constitution. Consequently, where a person seeks to incorporate the theft of his car as his main claim under the Fundamental rights procedure, he will not succeed.
Tukur v Govt of Gongola State; Egbonu v Borno Radio Corporation; Grace Jack v University of Agric Makurdi.
Can a person use the FRE Procedure to enforce his fundamental right to studentship? 2009 No 5(iv)
The procedure for the enforcement of fundamental rights is available to any person whose rights under Chapter IV of the Constitution has been infringed. Right to studentship is not of the rights covered by the provisions of Chapter IV of the Constitution. Consequently, a person cannot bring an action to enforce his right to studentship under the Fundamental rights procedure.
Tukur v Govt of Gongola State; Egbonu v Borno Radio Corporation.
Make a case for and against the use of the FREP Rules for the enforcement of fundamental rights as against the use of a writ of summons. 2009 No 5(v)
The use of fundamental rights enforcement procedure as against the use of writ of summons to enforce a person’s right is supported by the decision of the Supreme Court in Din v AG Federation which held that the Rules prescribe the only procedure for the enforcement of rights under Chapter IV.
However, in Saude v Abdullahi, the Supreme Court held that the procedure under the Rules does not prescribe the only procedure for seeking redress for infringement of fundamental rights and so such rights may be enforced by any other means by which the Court can be approached and this includes writ of summons. Abacha v Fawehinmi; FRN v Ifegwu Udensi.
Draft the motion only for the enforcement of fundamental rights 2010 No 6(a)
Draft Application for enforcement of fundamental rights:
IN THE HIGH COURT OF ENUGU STATE
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
Suit No: ……..
IN THE MATTER OF ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS
BETWEEN:
Miss Adaeze………………………………………Applicant
AND
Miss Adoora (sued for herself and representative of Agbani Female Age Grade Society)………………………………………..Respondents
Originating Motion On Notice
Brought Pursuant to Order 2 Rule 1 of the Fundamental Right Enforcement Procedure Rules, 2009 and under the inherent jurisdiction of this Honourable Court
TAKE NOTICE that this Honourable Court will be moved on …………the………day of ….20….. at the hour of 9’ O clock or so soon thereafter as Counsel may be heard on behalf of the applicant for the following orders:
1. An order for enforcement of fundamental right of the applicant to freedom to association by a perpetual injunction restraining the respondents and the privies from harassing, intimidating and blackmailing the applicant on the ground of refusal to join the Agbani Age Grade Society.
2. General damages in the sum of One million Naira for the infringement of the fundamental human right of the applicant.
3. And for such further orders or other orders as this Honourable court may deem fit to make in the circumstances.
Dated this……………….day of……20..
………………………….
Lolo Amanze
Applicant’s Solicitor
10 Agbani Road
Enugu Street.
Enugu State.
For Service on:
The Respondent’s address
Draft the application for the enforcement of fundamental rights. May 2011 No 5 (c); August 2011 No 2 (a); May 2012 No 3(a)
Draft Application for enforcement of rights and supporting documents:
IN THE HIGH COURT OF JUSTICE OF LAGOS
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: …….
IN THE MATTER OF AN APPLICATION BY SUNDAY
FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS
BTWEEN:
SUNDAY ALI…………………………………………………………………………APPLICANT
AND
1. JOHN KAYODE…………………………………………………………………………………1ST RESPONDENT
2. COMMISSIONER OF POLICE…………………………………..…..……………..2ND RESPONDENT
MOTION ON NOTICE
(PURSUANT TO ORDER 11-5 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009 AND SECTION 35 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AS AMENDED AND THE INHERENT JURISDICTION OF THE COURT)
TAKE NOTICE that this Honourable Court shall be moved on……….the…………day of………20……at the hour of 9’ O clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the applicant praying for the following reliefs:
1. A declaration that the arrest of the applicant by the 2nd respondent on the 1st day of April on the instigation of the 1st respondent and his detention for 2 days from the 1st day of April to 2nd day of April 2011 on the ground alone that he acted as a bailiff’s pointer in the due execution of a valid and subsisting judgment of the court in Suit No.: LD/001/2011, constitutes an infringement of the applicant’s fundamental rights protected by section 35 of the 1999 constitution and Article 6 of the African Charter on Human and People’s Rights.
2. An order for the payment of the sum of N2 million Naira damages to the applicant for his illegal and unlawful arrest and detention from the 1st day of April to 2nd April 2011.
3. A perpetual injunction restraining the respondent from arresting and detaining the applicant in respect of this matter.
4. And for such further or other orders as this Honourable Court shall deem fit to make in the circumstances.
Dated this …………….day of ……….2011
…………………………………….
James Dambaba Esq.
Dambaba & Co.
Applicant’s Counsel.
No. 1 Law School Drive,
Victoria Island,
Lagos.
For Service On:
1st Respondent
John Kayode
No. 1 Kayode Street,
Lagos.
2nd Respondent
Commissioner of Police,
Police Headquarters,
Ikeja, Lagos
List the supporting documents under the FREP Rules 2009. 2010 No 6 (b)
» The application is to be accompanied by:
- A statement setting out the name and description of the applicant, the reliefs sought and the grounds for which the reliefs are sought
- An affidavit verifying the facts relied on.
- Written address in support of the application.
Assuming the NBA intends to challenge the infringement of a person’s fundamental rights, what possible objections can be raised to the bringing the action in its name. 2010 No 6(c)
The possible objection is that the NBA has no locus standi.
What would be your response to a challenge on the NBA bringing an action in its own to enforce an application to enforce a person’s fundamental rights under the FREP Rules 2009? 2010 No 6(a); May 2012 No 3(b)
The response will be that no action for the enforcement of fundamental rights would be struck out for want of locus standi. Under the FREP Rules 2009, an application for enforcement of fundamental rights can be brought on behalf of another person by a person or association acting in the interest of its members or other individuals or groups.
After the service of the application, the Respondents intend to raise a preliminary objection on the ground that the IGP was made a party and therefore the appropriate Court to entertain the action is the Federal High Court. Comment on the validity of the objection. August 2011 No 2 (b)
By Section 46 CFRN 1999 and Order 1 Rule 2 FREP Rules 2009, both the Federal High Court and the State High Court have concurrent jurisdiction over the matter. The case can validly be commenced in either of them. Grace Jack v University of Agric, Makurdi.
How will the Court treat a preliminary objection under the FREP Rules 2009? August 2011 No 2 (c)
On the date of hearing of a preliminary objection, the Court will hear the objection alongside the substantive application. Order 8 Rule 4 FREP Rules 2009.
What possible orders will a Court make on the hearing of an application for the enforcement of fundamental rights? August 2011 No 2 (e)
On the hearing of a preliminary objection under the Fundamental Rights Rules, the Court may order as follows:
─ Striking out the substantive application for lack of jurisdiction
─ Setting aside the service of the originating application
─ Hold that it has jurisdiction and go ahead to give its ruling on the preliminary objection.
What time is a Respondent required to file a response after being served with an application for the enforcement of fundamental rights? August 2011 No 2 (g)
A Respondent is required to file a response after being served with an application for fundamental rights within 5 days of service of the originating application on him. Order 2 Rule 6 FREP Rules 2009
Assuming the Respondent’s Counsel failed to file a response after being served with an application for the enforcement of fundamental rights, what steps would he take to regularize the position? August 2011 No 2 (g)
Where a Respondent is out of time to file his response, he shall ask for extension of time to file counter affidavit by motion on notice. Order 15 Rule 4 FREP Rules 2009.
ETHICAL ISSUES
After accepting a client’s brief, under what circumstances can a Counsel withdraw from such brief? 2009 No 6(v)
After accepting the brief of his client, a Legal Practitioner can only withdraw from his representation of the client for good cause.
Good cause includes:
· conflicts of interest Onigbongbo Community v Minister of Lagos Affairs;
· where the client insists against the client’s remonstrance, to pursue an immoral or unjust cause;
· when there is a disagreement as to fees;
· where the client insists on an immoral defence.
Rule 21 (2) RPC 2007.
Comment on the ethical implication of signing of a pleading by a Law Student on attachment. 2009 No 1(d)
It is an offence for a person other than a Legal Practitioner to generally practice or generally hold himself out to practice as a legal practitioner. Section 22 LPA.
It is also prohibited for a Legal Practitioner to aid the unauthorized practice of the law or to permit his professional services or his name to be used in aid of, or to make possible the unauthorized practice of the law by any person not qualified to practice. Rule 3(1) RPC 2007.
Comment on the rights and duties of a Counsel intending to take over a brief. 2009 No 3 (iii); Assuming a case is being handled by a Counsel and the Client is not satisfied with his handling of the matter and has consulted you to take up the matter, what steps will you take to properly take over the matter? May 2012 No 4(e)
Where a Counsel intends to take over a brief from another Counsel, he owes the other Counsel to promptly give notice to the other Lawyer, and to use his best endeavours to ensure that all professional fees earned are paid to the said other Counsel. The together with the old Lawyer, they owe the Court the duty of informing the Court of the change. Rule 29 (1) and (2) RPC 2007.
Comment on the withholding of a case file and documents by a Counsel following the failure of the client to pay his professional fees. 2009 No 3 (v)
It is obligatory on every legal practitioner to release the case file and documents to his client or to the client’s nominee or agent upon demand. This is so even where the client is owing the legal practitioner his professional fees. Such unjustifiable withholding of a client’s case file or document is professional misconduct for which the appropriate disciplinary sanctions can be taken against the erring legal practitioner.
The procedure for the recovery of professional charges by a legal practitioner are contained in Section 16 LPA to the effect that the Lawyer must first prepare a bill of charges and serve on the client; then the Lawyer must give the client a period of one month to pay the charges and in the effect of continue default, the Lawyer can then institute an action in Court for the recovery of his professional fees.
Note however, that Rule 29 (3) (b) (iii) RPC 2007 provides that where a client changes his Lawyer, the Lawyer is entitled to a lien on the papers or documents of his client in respect of the unpaid fees.
Assuming at the conclusion of a trial, a party refuses to settle Counsel’s fees on the ground that he lost the case, and that the Lawyer had promised him that he would win the case at all cost, which assurance influenced the party to give the Lawyer the brief. Comment on the ethical implications of the Counsel’s representation. 2009 No 4(e); 2010 No 3(c)
By the Rules of Professional Conduct, a Lawyer is prohibited from giving assurances to his client as to the successful outcome of his case especially if his employment is contingent upon such assurances. Rule 15(5) RPC Also he is prohibited from engaging in any advertising or promotion of his practice as to the statement of the quality of his work and the success of his practice. Rule 39(2) RPC.
Comment on a statement by a Counsel that the Judge has taken sides in a matter. 2009 No 3(iv)
A Legal Practitioner is a Minister in the temple of justice and at all times owes a duty to show respect to the Court. Rule 30 RPC. It is disrespectful for a Lawyer to accuse a Judge of bias as it is an embarrassment to the person and office of the Judge.
Even where a Legal Practitioner has genuine reasons to believe that a Judge is biased, he has to employ the legal avenue by bringing a formal complaint to appropriate authorities.
Also to accuse Judge of bias in open court may result in the Counsel being cited for contempt.
Can a Counsel depose to an affidavit in support of his client’s application? Explain. 2010 No 4(f).
Although there is no provision in the Evidence Act that prohibits a Lawyer from deposing to an affidavit in support of his client’s application. However, by the Rules of Professional Conduct, it is unethical for a Counsel to depose to an affidavit in favour of his client. Counsel should not put himself in an embarrassing positions where he may be a Counsel and a Witness in the same matter. Elebanjo v Tijani.
Assuming that a case is assigned to a Counsel in the Chambers who happens to be related to, or has previous dealings with the Defendant. Comment on its propriety or otherwise. 2010 No 2 (d); 2010 No 3(f); May 2011 No 3(f); May 2012 No 6(d)
A Lawyer is enjoined to disclose to his client, all the circumstances of his relations with the parties. Except with the consent of the Client after full disclosure, a Counsel shall not accept a retainer if the exercise of his professional judgment on behalf of his client will or may be affected by his personal interest. It will only be proper for the Lawyer to handle this matter if his client agrees, after full disclosure. Rule 17(1) and (2) RPC 2007.
Comment on the conduct of the Counsel in failing to file a response and appearing in court to conduct his client’s case. August 2011 No 2(i)
A Counsel owes a duty to his client to be diligent in the representation of that client. Rule 14 (1) and (2) RPC 2007. A breach of this Rule may render the Client liable in professional negligence.
Consider the ethical issues arising from the conduct of a Counsel who was instructed by his Client to file an appeal against a judgment and he failed to do so, and he also failed to appear for the Pre-trial conference resulting in final judgment being entered against his client. May 2012 No 1(3)
A Counsel owes a duty to his client to be diligent in the representation of that client and to devote his full attention, energy and expertise to the service of the client. Rule 14 (1) and (2) RPC 2007. A breach of this Rule may render the Client liable in professional negligence.
A Counsel also owes a Client a duty to follow the Client’s lawful instruction and will be held for any loss which may ensue as a result of disobeying them. Rule 15 RPC. Osun v Anwan.
Rule 16 RPC also provides that a Counsel should represent his client competently.
A Counsel may therefore be liable for professional misconduct for breach of this duties to the Client. Rule 55 RPC.
Comment on the conduct of a Counsel who was instructed by his Client to file an appeal against a judgment and he failed to do so, and instead wrote a petition against the Judges of the Tribunal to the National Judicial Council alleging bias and published it as an advertorial in 3 national dailies and now the time for appeal has passed. May 2012 No 5(4)
A Counsel who fails to carry out the Client’s instruction would have breached Rule 15 RPC which provides that Counsel owes a Client a duty to follow the Client’s lawful instruction and will be held for any loss which may ensue as a result of disobeying them. Osun v Anwanas well as Rule 16 RPC provides that a Counsel should represent his client competently.
As regards the petition alleging bias against a Judge, a Legal Practitioner is a Minister in the temple of justice and at all times owes a duty to show respect to the Court. Rule 30 RPC. It is disrespectful for a Lawyer to accuse a Judge of bias as it is an embarrassment to the person and office of the Judge. Where a Legal Practitioner has genuine reasons to believe that a Judge is biased, he has to employ the legal avenue by bringing a formal complaint to appropriate authorities and not by publishing it in a National Daily. This may also result in the Counsel being cited for contempt.
Assuming a legal practitioner has a matter in Court, write an opinion on whether he can sign the application himself and move the motion in Court. May 2012 No 2(b)
A Legal Practitioner can validly sign pleadings and move a motion in his personal case in Court but he is prohibited from appearing robed and speaking from the bar. However, it has been advised that it is not advisable for a Legal Practitioner to appear for himself in his personal matter. Egbe v Adefarasin; Fawehinmi v NBA.
A legal practitioner issues a press statement after judgment was given in favour of his client stating that he is best human rights lawyer in the country, and that any person with a human rights case should consult him and that his fees are moderate. Comment on the statement. May 2012 No 3(c)
A statement issued by a Lawyer that he is the best human rights lawyer in the country, and that any person with a human rights case should consult him and that his fees are moderate amounts to an improper attraction of business and a breach of the Rules of Professional Conduct. Rule 39 RPC.
In an action instituted by an association of which you are a member, write a short reflective opinion on the suggestion by the association that you represent them and also be one of the claimants. 2010 No 1(d)
A Legal Practitioner can be made a party to Representative action if he has a common interest in the subject matter of the suit with the rest of the Claimants. However, by Rule 17 (5) RPC 2007, a Lawyer shall not appear as Counsel for a client in a matter in which the Lawyer is himself a party. He may however appear but only to represent himself. Fawehinmi v NBA.