Notable Principles

Question 1

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

Answer 1

COKER V ADETAYO

Question 2

COKER V ADETAYO

Answer 2

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

Question 3

Authority for authorization to issue statutory notices

Answer 3

COKER V ADETAYO

Question 4

Jurisdiction of Magistrate Courts

Answer 4

S 28 Magistrate Court Law of Lagos

Question 5

S28 Magistrate Court Law of Lagos State

Answer 5

Jurisdiction of Magistrate Courts

Question 6

How to serve statutory notices

Answer 6

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

Question 7

Service of Statutory notices

Answer 7

S 17 & 18 Tenancy Law of Lagos State

Question 8

Factors to be considered to determine if representative action can be brought

Answer 8

• cause of action
• relief sought
• interest
• ALFRED NWANGUWO & ORS V IKYAANDE & ORS

Question 9

ALFRED NWANGUWO & ORS V IKYAANDE & ORS

Answer 9

Factors to be considered in bringing representative action.

Question 10

Authority for class actions

Answer 10

O, 15 Rule 13 High Court of Lagos State Civil Procedure Rules

Question 11

O, 15 Rule 13 High Court of Lagos State Civil Procedure Rules

Answer 11

Authority for class actions

Question 12

Authority for third party proceedings

Answer 12

O.15 R 19 Lagos 2018

Question 13

Exclusive jurisdiction of Federal High Court for Aviation matters

Answer 13

S 251 (1)(k) 1999 CFRN

Question 14

Authority for originating summons

Answer 14

DOHERTY V DOHERTY

Question 15

DOHERTY V DOHERTY

Answer 15

Authority for originating summons

Question 16

Documents to be filed with originating summons

Answer 16

1. Affidavit
2. Written Address
3. Pre-action protocol form 01 with the necessary documents

• O.5 R. 5 Lagos 2019

Question 17

• O.5 R. 5 Lagos 2019

Answer 17

Documents to be filed with originating summons

Question 18

Alagbe v Abimbola

Answer 18

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

Question 19

Alagbe v Abimbola

Answer 19

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

Question 20

Response to originating summons

Answer 20

O.19 R. 16 Lagos

Question 21

Motion on notice for stay of proceedings pending arbitrary

Answer 21

S 5 Arbitration and Mediation Act 2023

Question 22

Conditions for grant of interim and interlocutory injunction

Answer 22

OBEYA MEMORIAL HOSPITAL LIMITED V AG FEDERATION

Question 23

OBEYA MEMORIAL HOSPITAL LIMITED V AG FEDERATION

Answer 23

Conditions for the grant of interim and interlocutory injunction.

Question 24

Conditions for the grant of interim and interlocutory injunction.

Answer 24

1. The Applicant must show that he has a legal right or an equitable right
2. That there is a substantial issue or serious issues to be tried.
3. That the balance of convenience is on the side of the applicant
4. That if the application is not granted it will occasion irreparable damage and damages will not be sufficient
5. There’s an undertaking as to damages
6. The behavior of the parties is not reprehensible.

Question 25

Documents to accompany a petition

Answer 25

MAN V
M - Marriage Certificate
A - Acknowledgment of Service
N- Notice of petition

V- Verifying affidavit