Notable Principles Flashcards
As a general rule, for an agent of a landlord to validly issue any of the statutory notices the agent must have been instructed and given a written authority to do so
COKER V ADETAYO
COKER V ADETAYO
As a general rule, for an agent of a landlord to validly issue any of the statutory notices the agent must have been instructed and given a written authority to do so
Authority for authorization to issue statutory notices
COKER V ADETAYO
Jurisdiction of Magistrate Courts
S 28 Magistrate Court Law of Lagos
S28 Magistrate Court Law of Lagos State
Jurisdiction of Magistrate Courts
How to serve statutory notices
Statutory notices are served personally and the service must be proper in such a way that the court is satisfied that the person to be served will have knowledge of any of the notices.
- S 17 & 18 Tenancy Law of Lagos State
Service of Statutory notices
S 17 & 18 Tenancy Law of Lagos State
Factors to be considered to determine if representative action can be brought
- cause of action
- relief sought
- interest
- ALFRED NWANGUWO & ORS V IKYAANDE & ORS
ALFRED NWANGUWO & ORS V IKYAANDE & ORS
Factors to be considered in bringing representative action.
Authority for class actions
O, 15 Rule 13 High Court of Lagos State Civil Procedure Rules
O, 15 Rule 13 High Court of Lagos State Civil Procedure Rules
Authority for class actions
Authority for third party proceedings
O.15 R 19 Lagos 2018
Exclusive jurisdiction of Federal High Court for Aviation matters
S 251 (1)(k) 1999 CFRN
Authority for originating summons
DOHERTY V DOHERTY
DOHERTY V DOHERTY
Authority for originating summons
Documents to be filed with originating summons
- Affidavit
- Written Address
- Pre-action protocol form 01 with the necessary documents
- O.5 R. 5 Lagos 2019
- O.5 R. 5 Lagos 2019
Documents to be filed with originating summons
Alagbe v Abimbola
If you fail to file a counter affidavit then it is presumed that there is an admission of facts stated in the other party’s processes
Alagbe v Abimbola
If you fail to file a counter affidavit then it is presumed that there is an admission of facts stated in the other party’s processes
Response to originating summons
O.19 R. 16 Lagos
Motion on notice for stay of proceedings pending arbitrary
S 5 Arbitration and Mediation Act 2023
Conditions for grant of interim and interlocutory injunction
OBEYA MEMORIAL HOSPITAL LIMITED V AG FEDERATION
OBEYA MEMORIAL HOSPITAL LIMITED V AG FEDERATION
Conditions for the grant of interim and interlocutory injunction.
Conditions for the grant of interim and interlocutory injunction.
- The Applicant must show that he has a legal right or an equitable right
- That there is a substantial issue or serious issues to be tried.
- That the balance of convenience is on the side of the applicant
- That if the application is not granted it will occasion irreparable damage and damages will not be sufficient
- There’s an undertaking as to damages
- The behavior of the parties is not reprehensible.
