Instituting Action In The High Court Flashcards
How many days is the time for entering appearance in Abuja after service of writ
14 days after service
How many days is the time for entering appearance in Lagos after service of writ
42 days
What is the time limit to respond to originating summons in Abuja?
42 days
What is the time limit to respond to summons in Lagos?
21 days
What type of motion is used for the renewal of the lifespan of an originating process
Motion ex-parte
What is the lifespan of an originating process in Abuja?
6 months
What is the lifespan of an originating process in Lagos?
6 months
How many times can an origin process be renewed in Abuja and Lagos?
2 times for 3 months
What is the time limit to enter appearance for a writ served outside the jurisdiction?
Minimum of 30 days unless the act provides otherwise eg Lagos provides 42 days
Substituted service is done by what kind of motion
Motion ex-parte
What motion is used to fix a defective writ?
Motion on notice
What is the penalty for default of appearance in Lagos?
1000 Naira daily
What is the penalty for default of appearance in Abuja?
200 Naira daily
What time can originating processes be served
Between 6am and 6pm
Challenge of a detective writ is done by
Motion on notice, affidavit and written address
What is the time limit for an application to set aside a defective writ
It must be done within reasonable time and before taking any other step after being aware
How does a claimant modify a defective writ
Apply by motion on notice, affidavit and written address
Entering of appearance is by form ____ in Abuja
Form 12
Entering appearance is by form ____ in Lagos
Form 11
Default judgement cannot be given in _______
Declaratory Reliefs
Fast track is done through what procedure
Writ of summons
A conditional appearance is done by heading a memorandum of appearance with __________
Conditional memorandum of appearance or appearance under protest
The time limit for fast track in Abuja is not stated but it is calculated to be _________
4 months
The time limit for fast track in Lagos is _________
9 months
The monetary limit for fast track in Abuja is _______
Not less than 50 million Naira
The monetary limit for fast track in Lagos is _______
Not less than 100 million Naira
How much is the filing fee for fast track in Abuja
100,000 Naira
Under fast track writ of summons must be filed within _____ in Lagos and within _____ in Abuja
14 days in Lagos and 3 days in Abuja
Under fast track in Lagos, statement of defense must be filed within _____ and a reply must be within _____
Statement of defense must be filed within 30 days and reply within 7 days
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
7 days each
Under last track in Abuja, where the defendant is outside jurisdiction, memorandum of appearance should be within _____ in accordance with _____
30 days in accordance with section 99 of the sherriff and civil processes act
Under fast track, pre trial conferences are to be applied for within _____ of close of pleading in both jurisdictions
7 days
Under fast track in Lagos, the pre-trial conference must be concluded within _________ and may be extended for _________
30 days and may be extended for 14 days
Under fast track in Abuja the pre-trial conference and other applications must be dealt with within _____
7 days
Under fast track in Abuja the trial must be concluded within _____ and adopton of final address within _____
The trial must be concluded within 30 days and adopton of final address within 14 days
Under fast track in Lagos the trial must be concluded within _____ and adoption of final address within _____ with a right of reply within _____
The trial must be concluded within 90 days and adopton of final address within 14 days with a right of reply within 7 days
Under fast track judgement should be given within ________ in Lagos and ________ in Abuja
60 days in Lagos and 7 days in Abuja
Under fast track in Abuja, a claimant applies under ___ and attaches originating processes in ____
A claimant applies under Form 32 and attaches originating processes in Form 33
Under fast track in Abuja, the judge grants his approval under ______ and where he refuses approval it is under _____
The judge grants his approval under Form 34 and where he refuses approval it is under Form 35
Under fast track in Abuja service must be done within _______
24 hours of filing
Under fast track in Abuja, trial adjournment must not exceed _______
3 days
Under fast track in Abuja, the CTC of the judgement must be given within ________
4 days
