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FACTS TO KNOW IN CIVIL > RANDOM > Flashcards

RANDOM Flashcards

1
Q

What standard of proof is required in civil cases?

A

Balance of probability or preponderance of evidence.
The party has to establish that his version of facts are more probable than the other person.
ODAFIN V MOGAJI

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2
Q

What happens where there is an allegation of crime in civil cases?

A

The allegation must be proven beyond reasonable doubt!
SEC 135 EA i.e fraud or snatching of balloting boxes

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3
Q

Must special damages be specified pleaded?

A

such damage or interest must be strictly
proved e.g. tendering the receipt of payment for medical treatment due to negligence of the defendant

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4
Q

What is the draft for intention to defend?

A

TAKE NOTICE that the defendant intends to defend the action at the hearing of this suit.

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5
Q

What is the quorum & where do appeals for National and State House of Assembly Tribunal lie?

A

2 members
APPEALS LIE TO THE COURT OF APPEAL
Usually the composition is the chairman & two members
SECTION 285 CFRN

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6
Q

What is the composition for governorship election tribunal?

A

CHAIRMAN + 1 member
Appeals from here lies to the court of appeal at first instance & further to the supreme court.
Sec 285 CFRN

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7
Q

WHAT IS THE QUORUM FOR COURT OF APPEAL ON the election of the president and vice president on ELECTION MATTERS?

A

THREE JUSTICES

239 CFRN

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8
Q

What happens where a candidate is wrongfully excluded by his party?

A

Bring a pre election matter before the Federal High Court.

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9
Q

What is a re run, run off and bye election?

A
  1. Re-Run-Where the election is invalid and has to be conducted again
  2. Run-Off-Where two candidates had the same amount of votes and the election has to be repeated.
  3. Bye election-Where the seat has become vacant or a party dies.
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10
Q

Documents to be filed with your petition?

A
  1. a list of the witnesses that the petitioner intends to call in proof of the
    petition
  2. Written statement on oath of all witness
  3. Copies of documents to be relied upon during the petition
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11
Q

Who are parties to an election?

A

SEC 133
PETITIONERS
• A candidate at the election or
• A Political Party which participated at the election.

RESPONDENTS
• The successful candidate at the polls,
• The political party whose candidate won the election

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12
Q

Grounds for election petition?

A
  1. Disqualification
  2. Non compliance with the electoral act
  3. Not duly elected
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13
Q

When can a petitioner be declared the winner of an election?

A

-Generally an unqualified candidate cannot be declared the winner of an election even when he attains the second majority of votes
EXCEPTIONS
Where the public knew that the winner was unqualified & still voted for him, the petitioner may be declared the winner.

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14
Q

Prayers for election petition?

A

That the petitioner be declared validly elected having polled the highest number of lawful votes cast at the election; OR
That the election be declared nullified and a consequential order of bye-election/fresh election be made.

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15
Q

Time for the respondent to enter his appearance for election petition?

A

Minimum of 5 days and maximum of 7 days to file his memo of appearance
He can still file his reply within 21 days.

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16
Q

Time to file pre hearing notice and effect of non filing?

A

7 days after the service of the petitioner’s reply, the petitioner shall file pre hearing notice.

Failure to do so will lead to a dismissal on the application of the respondent

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17
Q

What is a sample heading?

A

IN THE NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITION TRIBUNAL
HOLDEN AT LAGOS
(insert the petition no)
ELECTION TO THE OFFICE OF THE LAGOS CENTRAL SENATORIAL DISTRICT HELD ON FRIDAY 6TH OF JUNE 2024
(inserts parties)
PETITION
PETITION OF IRABOR JOY OF NO 15 AGIP ROAD LAGOS, whose name is herein subscribed.

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18
Q

What happens where you serve processes outside 6am-6pm?

A

it is deemed to take effect the next day

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19
Q

Proof of service?

A

An affidavit of service
setting out the fact, date, time, place & mode of service.

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20
Q

Difference between special and general damages?

A

-Special damages are pecuniary losses suffered up to the date of the trial and they are identifiable i.e destroying someone’s property.

-General damages on the other hand, are those other heads of loss - e-g. pain and suffering

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21
Q

When is motion ex parte used?

A
  1. Where time is of the essence
  2. Where the interest of the other party will not be adversely affected.
22
Q

How do you file an interim injunction?

A

FILE A MOTION ON NOTICE

THEN MEP+A+WA for interim injunction.

23
Q

List five applications that may be brought by Motion on Notice?

A
  1. Application for summary judgment
  2. Interlocutory injunctions
  3. Joinder of parties
  4. Application challenging the jurisdiction of the court
  5. Extension of time
24
Q

List five applications that may be brought by motion ex parte?

A
  1. Third party proceedings
  2. Interim injunction
  3. Garnishee proceedings
  4. Representative action
  5. Substituted service
25
Q

How do you oppose an affidavit?

A

FILE A COUNTER AFFIDAVIT
If the applicant/claimant wants to oppose the counter affidavit, he should file FURTHER AFFIDAVIT

26
Q

Things that an affidavit should not contain?

A
  1. Extraneous matters
  2. Prayers
  3. Legal Arguments
  4. Conclusion
27
Q

What happens where there are conflicting affidavits?

A

oral evidence or examination will be allowed to resolve the conflict
i.e cross examining the exponents
S 116 EA
FALOBI V FALOBI

28
Q

What is the lifespan of interlocutory injunction?

A

“Pending the determination of the substantive suit”

29
Q

Conditions for the grant of injunction?

A
  1. Legal right must be shown to exist
  2. Balance of convenience
  3. Substantive issue to be tried-to avoid frivolous claims
  4. Irreparable damages will be caused
  5. Conduct of parties
  6. Undertaking to pay damages

For interim, just include “EXTREME URGENCY**

30
Q

Conditions for the grant of mareva injunction?

A
  1. There’s a pending suit in court
  2. Risk of the defendant moving his property outside the jurisdiction of the court
  3. Balance of probability is in the claimant’s favour
  4. Undertaken as to damages
  5. The applicant has given full particulars to the defendant assets
31
Q

Conditions to be met before bringing interpleader proceedings? i

A
  1. He must not have collude with any other the parties
  2. He is willing to let go out of property and the property is in the applicant’s custody.
  3. The applicant has no interest in the subject matter
    **SEC 34 SCPA*^
32
Q

Inadmissible interrogatories?

A
  1. Questions as to credibility
  2. Interrogatories as to contents of documents
  3. Fishing interrogatories
  4. Interrogatories as to evidence of the interrogated party
  5. Oppressive interrogatories
  6. Scandalous interrogatories
33
Q

Conditions that must be fulfilled before consolidation can be made?

A
  1. Same claimant, same defendant or same claimant, different defendant or different claimant, different defendant.
  2. Must have arose from the same transaction
  3. The suit must be before the same High court
  4. common issues of law or facts will arise
34
Q

Agenda of PTC/CMC conference?

A
  1. Amendment of pleadings
    2 Settlement of documents to be tendered at trial
  2. Discovery of documents and facts(interrogaties)
  3. Formulation & settlement of issues
  4. Making referrals to the Lagos multi door courthouse
35
Q

Difference between a case between set down for mention & hearing?

A

-Mention means the case is coming up for the first time.
-Hearing means the case is set down for examination of witness

36
Q

Can a tenant counter claim in recovery of premises?

A
  1. A tenant can counter claim for improvement effected on the premises based on the written consent of the landlord.
  2. Where expenses had been incurred on the property with the written consent of the landlord. S. 15 RPA. It must be with written consent.
  3. Where excess rent has been paid on the property. AKANBI V ADEYEMI
  4. Where a landlord breach any of the rights of the tenant clearly granted to him
37
Q

Is the sky the limit for cross examination?

A

NO!
1. Indecent or scandalous questions
2. Questions intended to annoy or offend
SEC 215(2) EA

38
Q

Resting the defence on the claimant’s case?

A

-Where the defence rest his defence on the claimant’s case he is simply saying that evidence adduced by the defendant does not warrant his defence

39
Q

Places in which Lagos state Tenancy Law 2011 do not apply?

A

Apapa, Victoria Island, Ikoyi, Ikeja GRA.

-Residential premises owned by educational institutions for its staff, emergency shelter, in care or hospice facility, public or private hospitals or mental health facilities.

40
Q

Is a licensee entitled to notices?

A

YES! he is entitled to 7 days notice of owner’s intention to apply to recover possession
IN LAGOS!
LAGOS STATE TENANCY LAW 2011

41
Q

How is the nature of a tenancy agreement determined?

A

In the absence of any evidence to the contrary, the nature of a tenancy shall be determined by when RENT IS PAID OR DEMANDED

42
Q

Are there instances where the landlord dispense with service of notice to quit and just go ahead to serve 7 days’ notice of owners’ intention to apply to recover possession?

A
  1. effluxion of time for a fixed tenancy
  2. By an operation of law
    -Lagos-failure to pay rent within 6 months as a monthly tenant
    -failure to pay rent within 1 year as a quarterly tenant
  3. Where the premises is deemed abandoned
  4. To reviver premises from a licensee
43
Q

How is service of notices done in lagos & abuja?

A
  1. Personal service in abuja-placing it in a conspicuous location of the tenant/occupier
  2. Proper service in Lagos. Any manner of service that will ensure that the person to be served will have knowledge of the notices to be served.
44
Q

Can a witness compelled through duces tecum be cross examined?

A

NO, except he is called as a WITNESS during the trial.
BUHARI V OBASANJO
SEC 218

45
Q

Distinction between Mesne profit and Rent?

A

Rent is different from Mesne profit. Rent is liquidated; mesne profits are not. Rent is operative during the subsistence of the tenancy while mesne profit starts to run when the tenancy expires and the tenant holds over. The action for mesne profit does not lie unless either the landlord has recovered possession or the tenant’s interest in the land has come to an end, or his claim is joined with a claim for possession.

46
Q

How do you bring an action for certiorari?

A

• In Certiorari, you are expected to use an ex-parte application for leave of court to file certiorari, then if granted, you file a motion on notice for an order certiorari.

47
Q

How do you bring an action for certiorari?

A

• In Certiorari, you are expected to use an ex-parte application for leave of court to file certiorari, then if granted, you file a motion on notice for an order certiorari.

48
Q

What’s the effect of no case submission?

A

This means that he is saying the claimant has not established a prima facie case for him to answer.

The court will ask him whether he will adduce evidence if the court overrules the no case submission,

49
Q

Can parties agree on a shorter notice to quit date?

A

Yes!! Length of notice to quit must not be less than the period stipulated by the statute or as agreed by the parties or else it will be null and void
AP V OWODUNNI

50
Q

Is leave of court required for service of writ outside jurisdiction?

A

Leave of court is no longer required to issue the writ for service out of jurisdiction!

51
Q

When can a witness refresh his memory?

A
  1. A witness may refresh their memory during examination by referring to a written record they personally created
  2. A witness may also refresh their memory by referring to a similar record made by another person
  3. An expert witness is permitted to refresh their memory by consulting professional treatises.
    SEC 239 EA
52
Q

Draft the beginning part of an appeal?

A

TAKE NOTICE that the appellant being dissatisfied with the decision of the High court of Lagos state with suit no HC/08/02 by honorable judge Akeem Kaka on the 16/08/20 do hereby appeal on the grounds set out in paragraph 3. At the hearing of the appeal, the reliefs set out in paragraph 4 will be sought. And the Appellant further claims that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.

FACTS TO KNOW IN CIVIL (10 decks)

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