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Things to remember > FINAL WRITTEN ADDRESS/JUDGMENT > Flashcards

FINAL WRITTEN ADDRESS/JUDGMENT Flashcards

1
Q

When does final written address happen?

A

Summing up by parties to a case, upon the close of evidence.

Section 294 CFRN, OBODO V OLOMU

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2
Q

What is the effect of the trial court failing to allow a party to take final address?

A

Where a party is not given an opportunity to address the court, the proceeding can be successfully faulted on fundamental grounds.

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3
Q

Can evidence adduce at final written address be considered by the court?

A

NO! An address cannot take the place of credible evidence in a trial.

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4
Q

FUNCTIONS OF CLOSING OR FINAL ADDRESS IN A TRIAL?

A
  1. It helps the judge arrive at a speedy judgment
  2. It determines when the time to deliver judgment starts to run.
  3. It accentuates the principles of fair hearing
  4. It assists the court in arriving at a decision-But it is not a substitute for evidence
  5. To urge the court to decide in favour of party addressing the court
  6. It provides an opportunity to resolve all questions hanging during cross-examination
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5
Q

What is the procedure for Filing Final Written Address?

A

The timing for this filing depends on who adduced evidence last. If the defendant presents evidence after the claimant, the defendant will have 21 days to file their final written address after the close of evidence.

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6
Q

What happens where the Defendant does not call evidence?

A

If the defendant does not present evidence, the claimant must file their final address within 21 days of the close of evidence.

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7
Q

Who has a right to reply in final written address?

A

The party that filed their final written address first has a right to reply on POINTS OF LAW ONLY

7 DAYS!

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8
Q

What are the ORDERS for Final Address in Lagos and Abuja?

A

ORDER 33-In Lagos!

ORDER 32-In Abuja!

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9
Q

What is the process for filing final written address where there are multiple defendants?

A

The last defendant to adduce evidence files his final written address first, followed by the rest defendants and the claimant.

i.e John(1st), Ali(2nd) and KJ(3rd)
If KJ adduces evidence last, he will file his final written address first.

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10
Q

How can a case be closed?

A

By the application of the parties or suo motu

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11
Q

How many minutes will the court grant to the parties for FWA?

A

20 MINUTES each

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12
Q

What is the Content of FINAL ADDRESS?

A
  1. Introduction
  2. Brief Statement of Facts with reference to the exhibits attached
  3. Issues for Determination
  4. Succinct statement of argument
  5. Conclusions
  6. Prayers
  7. List of Authorities relied upon
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13
Q

What is the difference between Judgment and Ruling?

A

JUDGMENT-This is a final decision of the court and it is binding on the parties, can only be set aside on appeal.
Ruling-This is an interlocutory decision of the court and it is not final except where the court declines jurisdiction.

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14
Q

Characteristics of a Valid Judgement?

A
  1. It must be in writing.
  2. It must be signed, sealed and delivered
  3. Judgment must be delivered in an Open court
  4. A Judgment must contain evaluation of the issues properly raised and heard
  5. A Judgment must be delivered within 90 Days
  6. A Judgement must contain Reasons for the judgment
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15
Q

What is the exception to the general rule that judgment must be in writing?

A

Magistrate Court is not a superior court, it can deliver its judgement orally, and later put it into writing, and it will deemed proper.

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16
Q

What is the difference between judgment read and judgment pronounced?

A

Where a judgement is read, it is written, but where pronounced, it is merely stated orally.

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17
Q

Where a judge is dead, retired, dismissed or elevated, should his judgment be read or pronounced?

A

PRONOUNCED!
Anything else will amount to a nullity.

18
Q

Can a judgement of one high court judge be read by another high court judge?

A

General rule, NO!
EXCEPTIONS
1. It is impracticable for the judge to deliver his judgement
2. Such judgement IS already be written, signed and sealed, and
3. No miscarriage of justice would be occasioned. AG v. ANPP

19
Q

Exceptions to the general rule that judgment must be delivered in an open court?

A
  1. Where hearing was conducted in chambers that judgment may be delivered in chambers.
  2. Public Interest
  3. Public Order
  4. Public Morality
  5. In the case of a minor
    SECTION 36(4) CFRN
20
Q

When is Judgement to be delivered?

A

90 DAYS after the conclusion of final written address and evidence

21
Q

What’s the effect of delivering judgment after the expiration of 90 DAYS?

A

It is a NULLITY because the court lacks jurisdiction!
EXCEPTIONS
1. Where the judge adjourns the date for judgment before the expiration of 90 Days.
2. Where it is proven that the delivery after 90 days did not occasion a miscarriage of justice

22
Q

When can a court give judgment and reserve the reasons for later?

A

Where it is a final court- like Supreme court, Court of Appeal(on election petitions)

23
Q

Can a Court grant more than the reliefs sought in judgment?

A

Generally, the court cannot grant more than the reliefs sought by the parties.
EXCEPTIONS
Ancillary and Consequential Orders
Ancillary reliefs flow from the main reliefs while consequential orders is one which is to give effect to the main reliefs.

24
Q

Is piecemeal judgment allowed?

A

No! The court frowns at it.

25
Q

What are the types of judgements?

A
  1. Consent
  2. Default
  3. Interlocutory/Final judgment
  4. Non Suit/Dismissal
26
Q

How do you know if a judgment is interlocutory in nature?

A

-It does not deal with the final rights of the parties
-If it merely directs how the parties are to proceed in order to obtain the final decision
-If it does not decide the final rights of the parties.

27
Q

When can an interlocutory Judgment be final?

A

Where the court declines jurisdiction to hear a substantive suit before it, it is held to be a final judgement.

If the court uphold jurisdiction, it is an interlocutory judgement.

28
Q

What is the effect of a Final Judgement?

A

The court becomes functus officio and the judgment becomes binding on the court/all parties

29
Q

Distinction between Final and Interlocutory Judgment?

A
  1. Final Judgement determines the rights and liabilities of the parties totally and can only be set aside on appeal
    Interlocutory Judgment does not.
  2. Time to appeal-Final Judgement is 3 months
    Interlocutory Judgment is 14 days
  3. Appeal-Final Judgment appeal lies as of right.
    Interlocutory Judgment-Leave of the court is needed(except on grounds of law)
30
Q

What are parties required to file in Consent Judgement?

A

Memo of Settlement

31
Q

On what grounds can consent judgment be set aside?

A
  1. Fraud
  2. Misrepresentation
  3. Illegality
  4. Mistake
  5. Duress
  6. Lack of Consensus Ad-Idem
32
Q

What are the conditions for consent judgment?

A
  1. There must be a consensus ad-idem between the parties
  2. The agreement must be voluntary, free and unambiguous
  3. The terms of settlement must be filed in court for the court to pronounce on it
33
Q

Do parties need leave of court to appeal consent judgment?

A

Yes! because it’s a final judgement and not an appeal as of right

34
Q

What is declaratory judgement?

A

Declares the rights of the parties without imposing any obligations on them. It cannot be enforced or executed because it merely spells out the rights of the parties.
OKOYA V SANTILLI

35
Q

If you want to enforce a declaratory judgement, how can this be done?

A

By filing a separate application for enforcement!

36
Q

What is Executory Judgment?

A

This declares the rights and duties of the parties to an action and also includes a binding order on the defendant, it tells the defendant to act in a specific way.
It can be executed and stayed.
ADEDOYIN V SONUGA

37
Q

What is an Order of Non Suit?

A

Where Non-suit order is made, it means that the claimant’s claim is neither allowed nor dismissed as circumstances of the case are such that the court does not think it should enter judgment against the claimant or for the defendant

38
Q

Is the order of non suit provided for in all the jurisdictions?

A

NO! An Abuja court cannot make an order of non suit.

39
Q

What are the factors to establish before Default judgement can be set aside?

A
  1. There are good grounds for his failure to appear
  2. There was no undue delay in making the application
  3. The other party will not be prejudiced
  4. The applicant’s claim is not manifestly unsupportable
  5. Conduct of the applicant during trial
40
Q

How do you bring an application for Default Judgment?

A

MON+A+WA

41
Q

When can a judgment be amended or reopened?

A
  1. To correct clerical errors
  2. To correct accidental slips
  3. To set aside a default judgment obtained in absence of one party or in default of pleadings
  4. To set aside a judgment obtained by fraud
  5. Where the judgment is a nullity for want of jurisdiction

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