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Civil Procedure > Instituting Action In The High Court > Flashcards

Instituting Action In The High Court Flashcards

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Civil Procedure 1L flashcards
1
Q

How many days is the time for entering appearance in Abuja after service of writ

A

14 days after service

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2
Q

How many days is the time for entering appearance in Lagos after service of writ

A

42 days

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3
Q

What is the time limit to respond to originating summons in Abuja?

A

42 days

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4
Q

What is the time limit to respond to summons in Lagos?

A

21 days

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5
Q

What type of motion is used for the renewal of the lifespan of an originating process

A

Motion ex-parte

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6
Q

What is the lifespan of an originating process in Abuja?

A

6 months

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7
Q

What is the lifespan of an originating process in Lagos?

A

6 months

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8
Q

How many times can an origin process be renewed in Abuja and Lagos?

A

2 times for 3 months

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9
Q

What is the time limit to enter appearance for a writ served outside the jurisdiction?

A

Minimum of 30 days unless the act provides otherwise eg Lagos provides 42 days

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10
Q

Substituted service is done by what kind of motion

A

Motion ex-parte

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11
Q

What motion is used to fix a defective writ?

A

Motion on notice

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12
Q

What is the penalty for default of appearance in Lagos?

A

1000 Naira daily

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13
Q

What is the penalty for default of appearance in Abuja?

A

200 Naira daily

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14
Q

What time can originating processes be served

A

Between 6am and 6pm

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15
Q

Challenge of a detective writ is done by

A

Motion on notice, affidavit and written address

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16
Q

What is the time limit for an application to set aside a defective writ

A

It must be done within reasonable time and before taking any other step after being aware

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17
Q

How does a claimant modify a defective writ

A

Apply by motion on notice, affidavit and written address

18
Q

Entering of appearance is by form ____ in Abuja

A

Form 12

19
Q

Entering appearance is by form ____ in Lagos

A

Form 11

20
Q

Default judgement cannot be given in _______

A

Declaratory Reliefs

21
Q

Fast track is done through what procedure

A

Writ of summons

22
Q

A conditional appearance is done by heading a memorandum of appearance with __________

A

Conditional memorandum of appearance or appearance under protest

23
Q

The time limit for fast track in Abuja is not stated but it is calculated to be _________

A

4 months

24
Q

The time limit for fast track in Lagos is _________

A

9 months

25
Q

The monetary limit for fast track in Abuja is _______

A

Not less than 50 million Naira

26
Q

The monetary limit for fast track in Lagos is _______

A

Not less than 100 million Naira

27
Q

How much is the filing fee for fast track in Abuja

A

100,000 Naira

28
Q

Under fast track writ of summons must be filed within _____ in Lagos and within _____ in Abuja

A

14 days in Lagos and 3 days in Abuja

29
Q

Under fast track in Lagos, statement of defense must be filed within _____ and a reply must be within _____

A

Statement of defense must be filed within 30 days and reply within 7 days

30
Q

Under fast track in Abuja, memorandum of appearance must be filed within _____, statement of defence within _____ and reply is to be within _____ where the defendant is within jurisdiction

A

7 days each

31
Q

Under last track in Abuja, where the defendant is outside jurisdiction, memorandum of appearance should be within _____ in accordance with _____

A

30 days in accordance with section 99 of the sherriff and civil processes act

32
Q

Under fast track, pre trial conferences are to be applied for within _____ of close of pleading in both jurisdictions

A

7 days

33
Q

Under fast track in Lagos, the pre-trial conference must be concluded within _________ and may be extended for _________

A

30 days and may be extended for 14 days

34
Q

Under fast track in Abuja the pre-trial conference and other applications must be dealt with within _____

A

7 days

35
Q

Under fast track in Abuja the trial must be concluded within _____ and adopton of final address within _____

A

The trial must be concluded within 30 days and adopton of final address within 14 days

36
Q

Under fast track in Lagos the trial must be concluded within _____ and adoption of final address within _____ with a right of reply within _____

A

The trial must be concluded within 90 days and adopton of final address within 14 days with a right of reply within 7 days

37
Q

Under fast track judgement should be given within ________ in Lagos and ________ in Abuja

A

60 days in Lagos and 7 days in Abuja

38
Q

Under fast track in Abuja, a claimant applies under ___ and attaches originating processes in ____

A

A claimant applies under Form 32 and attaches originating processes in Form 33

39
Q

Under fast track in Abuja, the judge grants his approval under ______ and where he refuses approval it is under _____

A

The judge grants his approval under Form 34 and where he refuses approval it is under Form 35

40
Q

Under fast track in Abuja service must be done within _______

A

24 hours of filing

41
Q

Under fast track in Abuja, trial adjournment must not exceed _______

A

3 days

42
Q

Under fast track in Abuja, the CTC of the judgement must be given within ________

A

4 days

Civil Procedure (15 decks)

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