Overview And Introductory Matters

Question 1

–S. 4(2) LMDCHL

Answer 1

Any agreement or memorandum of understanding duly signed by the parties after mediation or other processes provided by the centre shall be filed at the LMDC and duly registered with all the necessary attachments-

Question 2

Rule 15 (3) (d) RPC

Answer 2

the client of the option ADR before continuing with or resorting to litigation. This reasoning is founded on the advantages these ADR methods have over litigation and it also helps to decongest the courts of cases which can be easily settled out of Court. Thus, when a lawyer fails to advise his client accordingly;
1.Rule 55(1) provides that such a lawyer shall be guilty of professional misconduct and liable to punishment as provided in the Legal Practitioners’ Act, 1975
2.He may be liable to pay the costs of litigation where it places the client at a disadvantage

Question 3

Generally non-compliance with rules of court is classified into two

Answer 3

(1) Mere irregularity and
(2) Fundamental breach.

Question 4

NALSA TEAM AND ASSOCIATES v. NNPC.

Answer 4

Where there are two motions before the court of which one will render the suit competent or preserve the suit and the other would strike it out, the rule is that the court would first hear the motion that would make the suit competent before the other.

Question 5

NAA v. OKORO

Answer 5

Also, statements of the judiciary noted in law reports which are intended to guide the courts and the legal profession on matters of practice and procedure are deemed practice directi

Question 6

Section, 254 of the 1999 Constitution as amended.

Answer 6

provides that subject to the provisions of any Act of the National Assembly, the Chief Judge of the Federal High Court may make rules for regulating the practice and procedure of the Federal High Court.

Question 7

Section 236 of the Constitution as amended

Answer 7

vests in the Chief Justice of Nigeria the responsibility of making rules for practice and procedure of the Supreme Court. Presently, the applicable rules in the Supreme Court as made by the then Chief Justice of Nigeria, Hon. Justice G. S. Sowemimo, is the Supreme Court Rules 1985

Question 8

. Ikoro v Safrap (Nigeria) Ltd (1977) SC 123

Answer 8

the rule that a court should not permit a defence counsel to make a no-case submission except he elects to stand by the submission, without given evidence is a practice of court enunciated in judicial decisions.

Question 9

The Supreme Court has held in FMBN v. NDIC [1999] 2 SCNJ 57 and NDIC v. Okem Enterprises (2004) 4 SC (Pt. 2) 77

Answer 9

that in a dispute arising from a banker-customer relationship, both courts (Federal and High Court of f a State) share the jurisdiction to adjudicate on same. The proviso, the court said, limits the exclusivity of the jurisdiction conferred on the Federal High Court in the preceding subsection but not to divest the Court of the jurisdiction.

Question 10

Chapter IV of the 1999 Constitution – section 46 (1) and (2).

Answer 10

Another area where both the Federal High Court and State High Courts have concurrent jurisdiction is the area of enforcement of fundamental human rights