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civil litigation > Commencement Of Actions At Hight Court > Flashcards

Commencement Of Actions At Hight Court Flashcards

1
Q

What is the High Court’s jurisdiction in civil litigation?

A

The High Court has unlimited jurisdiction and can entertain any matter unless the law stipulates otherwise.

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2
Q

Where should land disputes be instituted?

A

In the High Court of the State where the land is situated (lex situs).

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3
Q

How should actions arising from contracts be instituted?

A

Where the contract is to be performed or where the defendant resides or does business.

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4
Q

In which judicial division should a company action be commenced?

A

In the judicial division where the company has its central place of business, management, and control, or its registered head office.

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5
Q

What is the role of the Chief Judge regarding actions commenced in the wrong judicial division?

A

In Abuja, only the Chief Judge can consider a transfer if the action was commenced in the wrong division.

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6
Q

List the four modes of commencing an action in the High Court.

A
  • Originating motion
  • Originating summons
  • Petition
  • Writ of summons
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7
Q

What is an originating motion used for?

A

It is used when provided for by a statute or rule of court, e.g., habeas corpus, mandamus, or judicial review.

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8
Q

What is the time frame for a defendant to respond to an originating summons in Abuja?

A

8 days.

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9
Q

What is the time frame for a defendant to respond to an originating summons in Lagos?

A

21 days.

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10
Q

What is a petition in the context of commencing an action?

A

A written application to court setting out a party’s case, used where a statute or rule provides for its use.

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11
Q

What is the default mode for commencing an action in the High Court?

A

Writ of summons.

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12
Q

What must be done for an action to be considered commenced?

A

Filing fees paid, affidavit taken, processes served on adverse parties, and suit number entered in the Cause Book.

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13
Q

What documents must be filed together with the writ of summons?

A
  • Statement of claim
  • List of witnesses
  • Written statements on oaths
  • Copies of every document/exhibit
  • Pre-Action Protocol Form 01 or Certificate of Pre-Action Counselling
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14
Q

What is the effect of not filing the requisite documents along with the writ?

A

In Abuja, the Registrar shall not issue the writ; in Lagos, it will nullify the action.

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15
Q

What is a concurrent writ?

A

A writ to be served on a defendant within jurisdiction and another outside jurisdiction.

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16
Q

What is the purpose of serving originating processes?

A

To give notice to the defendant; lack of service means the court lacks jurisdiction.

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17
Q

What are the two types of service of processes?

A
  • Personal service
  • Substituted service
18
Q

What is personal service?

A

Originating processes must be served personally on the defendant unless substituted service is ordered.

19
Q

What is substituted service?

A

Applied when personal service fails or the party is evading service.

20
Q

What must be included in the application for substituted service?

A
  • Leave of court by motion ex parte
  • Affidavit stating grounds for application
  • Proposed means of serving
21
Q

What is the procedure for serving originating processes outside the jurisdiction of the court in Abuja?

A

A special endorsement by the Registrar indicating service out of jurisdiction must be made.

22
Q

What is the time frame for serving processes in Abuja and Lagos?

A

Between 6am and 6pm daily, except on Sundays and Public Holidays.

23
Q

What options does a defendant have after being served with a defective writ?

A
  • Enter conditional appearance and file a motion to set aside service
  • File a motion to set aside the writ
  • File a preliminary objection challenging jurisdiction
24
Q

What options does a defendant have after being served with a defective writ?

A
  1. Enter a conditional appearance and file a Motion on Notice to set aside service for being defective.
  2. File a motion on notice to set aside the writ itself for being defective without entering an appearance.
  3. File a Notice of preliminary objection challenging the jurisdiction of the court with or without entering appearance.
25
Q

What is the time frame for entering appearance in Abuja?

A

14 DAYS if within jurisdiction; 30 DAYS if outside jurisdiction.

26
Q

What is the time frame for entering appearance in Lagos?

A

42 DAYS after service of the writ, regardless of jurisdiction.

27
Q

What must accompany a Memorandum of Appearance?

A
  1. Statement of defence
  2. Witness Statement on Oath
  3. Copies of documents for trial
  4. List of witnesses
28
Q

What is a Conditional Appearance?

A

An appearance used to challenge the action at an early stage without allowing full trial.

29
Q

What is an Unconditional Appearance?

A

An appearance where the defendant intends to join issues with the claimant by defending or denying claims.

30
Q

What happens if a defendant cannot enter appearance within the stipulated time?

A

The claimant may apply for default judgment; however, the defendant can seek leave of the Court to enter appearance out of time.

31
Q

What must a Motion to enter appearance out of time be supported with?

A
  1. Statement of defence
  2. Witness Statement on Oath
  3. Copies of documents for trial
  4. List of witnesses
32
Q

What is the cost of default in entering appearance in Lagos?

A

N1000 per each day of default.

33
Q

What is the cost of default in entering appearance in Abuja?

A

N200 for each day of default.

34
Q

What is the lifespan of a writ in Abuja and Lagos?

A

6 months, renewable for 3 months twice.

35
Q

Can a writ be served on a defendant after it has expired?

A

No, it must be renewed before being served.

36
Q

How can a writ be renewed?

A

By filing a MOTION EX PARTE for renewal supported with an affidavit stating reasons for the delay.

37
Q

What did the Supreme Court hold in Kolawole v. Alberta regarding writ renewal?

A

A writ of summons can be renewed even after its expiration.

38
Q

What should you consider when determining the court to institute an action?

A

Whether the issue is a land matter, contract, or tort.

39
Q

What is the preferred mode of commencing an action?

A

WRIT OF SUMMONS, unless specified otherwise.

40
Q

What is a possible step to take if the defendant is evading service?

A

Seek leave of court for substituted service by motion on notice.

41
Q

Fill in the blank: The defendant must file a __________ of Appearance within the stipulated time.

A

Memorandum

civil litigation (3 decks)

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