Civil Litigation

Question 1

Writ of Summons. Or 5 r1. Default mode for civil actions in Hi Crt. See Doherty v Doherty .

Answer 1

A. Front loading of Writ of Summon, Statement of Claims, List of Witnesses, Written Statements on oath by Witnesses, documents to rely on, and pre action protocol form/ pre action counseling certificate. Summon could be server from 6am to 6pm.

Question 2

Modes of Commencement Mag & Hi CRTs

Answer 2

Action by way of claim and action by way of originating application. Hi Crt 1writ of Summon. 2 Originating Summon 3. Originating motion. 4 Petitions.

Question 3

Filing by claim requirements

Answer 3

Ordinary summon together with particular of claim, ie Civil firm 1 and a document that contains a brief summary of the claimant’s claim. Form 4a for Defendant for defence, admission, counterclaim within 6 days for ordinary,,,and 5 days for Summary from the day of service.

Question 4

Summary summon not use for ,,,,

Answer 4

Infant and unsound. 2.,Money lent by a money-lender.3. Assignee of a debt to recover money. 4 . Defendant outside Jurisdiction. Judgment entered in default of defence or counterclaim may not be set aside.

Question 5

Life span of summons

Answer 5

Ordinary summon is 3 months …Mag Crt. Writ of Summon…6 months renewable for 3 months *2 .

Question 6

Amendment of claim/ pleadings/ writ.

Answer 6

In Mag crt. Is allowed to amend claim one time with leave of crt b4 Judgement 2.writ can be amended if it has not been served the defendant by MEP +A+WA. Where it has served the defendant MON + A+WA

Question 7

Small claim court

Answer 7

7 days to file defence, 5M….Day to day hearing..1 adjournment last resort. Hearing not more 30days. 14 days to deliver judgement after hearing. Entire period of proceeding not to exceed 60days. 14days to appeal . Appeal process not to exceed 30days. Forms Used 1. Letter of demand 2. Complaint form. 3.Summon.4. Affidavit of service.

Question 8

Contents of writ of summons

Answer 8

Heading of court.2. Suit No. 3. Name and address of the defendant. 4. The time in which the defendant is commanded to enter appearance. Abuja 14. Lagos 42. 5. Date is issued. 6. Life span .7. Particulars of claim and reliefs sought for.8 . Signature, name and address of solicitor address of claimant for service of court process

Question 9

Endorsement of Claim

Answer 9

Is stating the particulars of claim, relief sought on a writ of summon , it must be endorsed at the back

Question 10

Originating Summon…No filing of Pleadings .Pursuant to Order 5 rule 4

Answer 10

The Q in issue is of interpretation or constitution of a written law or instrument, deed, contract.unlikely of substantial dispute of facts..2. Enforcement of fundamental rights. 3. To correct errors in judgment..Unilag v Aigoro. Where Rule expressly provides for its use.eg.Recovery of premises from squatter. Company proceedings.

Question 11

Originating Summon in Hi Crt accompanied with

Answer 11

Affidavit setting out the facts to rely on.2. Exhibits to rely on. 3. Written address in support of application. 4 . Pre-action Protocol form..For wrongly commenced OM, conversion of OM to WOS is possible only and not vice versa. And same does not apply to petitions or OA….otherwise the action will be struck out.

Question 12

Petition

Answer 12

Matrimonial Causes. 2. Winding up of companies.3. Electoral matters. Contents are Concise Statements of the nature of claim, relief, date and signature.

Question 13

Originating Motion / Application

Answer 13

Used for fundamental rights enforcement. Prerogative writs.2. Order of Mandamus. Certiorari. Or if statue says an application may be made .

Question 14

Service of Court Process . S36(1)of CFRN….Originating process to be served by Process servers… Sheriff, Bailiff,officer of court. Lawyer or courier registered by a judge.

Answer 14

Services …1. Within Jurisdiction. 2. Out of Jurisdiction.3 .Personal service.4. Substituted service…

Question 15

Substituted Service

Answer 15

By way of MEP+A+WA …with the leave of court…..process could be served by emails , SMS . WhatsApp.. Deliver to an agent or an adult at the last known address. 2. Advertisements in National daily newspapers. Pasting it at court or last known address of the defendant.

Question 16

A defective Writ.

Answer 16

1.improper endorsement as to capacity of party. 2. Wrong parties named. 3. Not signed or dated. 4. Writ with no relief. 5. Writ signed in chambers name instead of LP name.

Question 17

Memorandum of Appearance

Answer 17

An action will be deemed to have commenced when the claimant does everything the law required of him, then what is left is administrative affairs of the court, to serve the defendant.,,, memorandum of appearance form to be completed by the defendant and file it in the court registry.,,,, then the court will have to seal it within 7 days and serve a copy on the claimant..

Question 18

Failure to enter in Appearance

Answer 18

1000# a day .default judgment. The claimant will have to apply for default judgment by MON , which could make the defendant quickly ask for extension of time for appearance.

Question 19

Interlocutory Applications

Answer 19

By virtue of Order 43 rule 1 - An interlocutory app. Is required to be made to open court or Judge in the chamber.Application during the pendency of a suit.

Question 20

What is a Motion

Answer 20

An application made to court for the grant of a relief prayed for usually in writing. If used for commencing- Originating motion- if during pendency- interlocutory app.

Question 21

Documents accompanying Originating Summon

Answer 21

1 Affidavit. 2 . Exhibits to be relied on.3. Written Address in support of application.4 . Pre -action protocol form.