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FACTS TO KNOW IN CIVIL > SOURCES OF CIVIL PROCEDURE > Flashcards

SOURCES OF CIVIL PROCEDURE Flashcards

1
Q

What are the sources of civil procedure?

A
  1. Rules of Court
  2. Statutes creating the court
  3. Constitution
  4. Practice directions
  5. Decisions of court on procedures
  6. The Sheriffs and Civil Process Act
  7. Foreign Judgment (Reciprocal Enforcement) Act
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2
Q

Who makes the rules of court?

A

It is always the statute creating the court that states who should make rules of the court

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3
Q

What is the effect of non compliance with the rules of court in Abuja?

A

It shall be treated as a mere irregularity in Abuja.
ORDER 5

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4
Q

What is the effect OF NON-COMPLIANCE WITH THE RULES OF COURT in LAGOS?

A

It shall nullify proceedings, but where it is as to time, place, manner, or form, it shall be treated as an irregularity.

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5
Q

What are factors that affect jurisdiction?

A
  1. Whether it was properly constituted as to the number of judges
  2. Subject matter jurisdiction
  3. Due process
  4. Conditions precedent for exercise of jurisdiction have been satisfied.
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6
Q

What are the Courts with civil jurisdiction?

A
  1. Supreme Court-SEC 230-236
  2. Court of Appeal-SECTION 237-248
  3. Federal High Court-SEC 249-256
  4. High court-SEC 255-259(FCT) & SEC 270-274(STATES)
  5. National industrial Court-SEC 254A-F
  6. Sharia Court of Appeal-SEC 260-264
  7. Customary Court of Appeal-SEC 265-269
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7
Q

What is the composition of the Supreme Court?

A

Comprises of the CHIEF JUSTICE with 15 years post call and a no of justices not exceeding 21 as may be prescribed by an act of the NA.

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8
Q

Appointment of the Chief Justice of Nigeria?

A
  1. It is done by the president, on the recommendation of the NJC, subject to confirmation by the Senate
  2. A justice of SC is appointed by the president in the recommendation of the NJC subject to confirmation by the senate

SEC 231

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9
Q

What is the original jurisdiction of the Supreme court?

A

a. Between Federation and a State
b. Between States in Nigeria
It must be shown that the subject matter affects the state as an entity and not just few individuals.

** Supreme Court (Additional Original Jurisdiction) Act, 2002**
a. NA and the President
b. NA and any State House of Assembly
c. NA and a State of the Federation

SEC 232(2)

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10
Q

Conditions before the National or State House of Assembly can institute an action before the supreme court?

A

A simple majority vote must be passed by both the NA members and SHA members present and sitting at the time the resolution is out to a vote.

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11
Q

When can the NATIONAL ASSEMBLY INSTITUTE AN action at the supreme court?

A

WHEN BOTH THE SENATE AND HOUSE OF ASSEMBLY has passed a simple majority vote

Both houses must institute as the National Assembly, if it is just one house, the appropriate court is the Federal High court

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12
Q

When can the Supreme Court be said to be properly constituted?

A

1.7 Justices while sitting in its original jurisdiction
2.Appellate jurisdiction is 5 Justices

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13
Q

What is the original jurisdiction of COURT OF APPEAL?

A
  1. Whether the person was validly elected into the office of president/vice president.
  2. Whether the tenure of the person has ceased.
  3. whether the office has become vacant.
    Sec 239 CFRN
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14
Q

What is the composition of The Court of Appeal?

A

PRESIDENT OF the CA
NOT LESS THAN 90 JUSTICES
3 learned in Islamic, 3 learned in customary law practice

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15
Q

Instances where the decision of the Court of Appeal will be final?

A
  1. Appeals coming from the National Industrial court
  2. Appeals coming from the National and State Houses of Assembly election Tribunal
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16
Q

Appointment of the President and Justices of Court of Appeal?

A
  1. President of COA is appointed by President on the recommendation of NJC subject to approval confirmation by Senate.
  2. A Justice of COA is appointed by President on the recommendation of NJC.
    QUALIFICATIONS-12 years post call
17
Q

Appointment of the Chief Judge of the FHC?

A
  1. Chief Judge of FHC is appointed by President on the recommendation of NJC subject to approval confirmation by Senate.
  2. A Judge of FHC is appointed by President on the recommendation of NJC.
    10 years post call qualifications

SEC 250 CFRN

18
Q

What is the Original Jurisdiction of the FHC?

A
  1. Federal Government Revenue
  2. Taxation
  3. Copyright and Patents
  4. Arms and Ammunitions
  5. Drugs and psychotropic
  6. Customs and Excise Matters
  7. Bankruptcy and insolvency
  8. Weights and Measures
  9. Federal government agencies
  10. Aviation
  11. Citizenship and immigration
  12. Diplomatic Trade representation
  13. Company Regulations(CAMA)
  14. Treason and Treasonable felony

SEC 251 CFRN

19
Q

Further Powers of the FEDERAL HIGH COURT?

A

-The Federal High Court shall have and exercise jurisdiction to determine any question as to whether the term of office or a seat of a member of the Governor, Senate or the House of Representatives has ceased or his seat has become vacant.
S 272(3) CFRN

20
Q

What is the Admiralty jurisdiction of the Federal High Court?

A

a. any claim for loss or damage to goods carried in ship
b. any claim arising out of any agreement relating to the carriage of goods in ship.
The cause of action, to cover admiralty jurisdiction must have arisen on the high seas and the goods must be lost while in cargo

21
Q

Disputes arising from International Documentary Credit and the jurisdiction of the Federal High Court?

A

An International Documentary Credit is a financial instrument used in international trade to ensure secure payment between a buyer and a seller in different countries. It serves as a guarantee from a bank that the seller will receive payment for goods or services.
Dispute arising from here does not always fall under the ADMIRALTY JURISDICTION of the FEDERAL HIGH COURT because they relate to purely commercial transactions.

22
Q

What is the jurisdiction of the State High Court?

A

The jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.
SEC 257 CFRN

23
Q

Further powers of the State High Court?

A

SHC shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant
CONCURRENT JURISDICTION WITH THE FHC
Refer S 272(3)

24
Q

Does the Federal High Court have exclusive jurisdiction when it comes to matters relating to disputes involving Federal government agencies?

A

YES! but when it bothers on matters relating to simple contract, even if Federal Agencies are involved, the STATE HIGH COURT will have jurisdiction.
ONUOHA V KRPC, N.U.E.E V B.P.E
SECTION 251 CFRN

CONSIDER BOTH PARTIES AND SUBJECT MATTER

25
Q

What is the jurisdiction of the Federal High Court as it relates to AVIATION?

A

They have jurisdiction to deal with matters relating to aviation however it will not extend to simple contract or breach of contract of sale i.e to supply snacks to an airline.
ONLY CONTRACTS OF GOODS OR PERSONS BY AIR shall fall under this category(the person/goods must have boarded)
BRITISH AIRWAYS V ATOYEBI

26
Q

Does the Federal High Court and State High Court have jurisdiction over Fundamental Human Rights cases?

A

YES!
Federal University of Technology Minna v Olutayo
EFCC V WOLFGANG
The position is that both the FHC and the SHC can try fundamental Rights Cases irrespective of the Subject matters of enforcement

27
Q

What is the Jurisdiction of the FHC on banking and customers?

A

Both the FHC & SHC are vested with concurrent jurisdiction of matters relating to banks and customer’s disputes.

However, where the dispute relates to CBN and banks or banks & banks or banking policies arising from banking, foreign exchange, tender, letter of credit and promissory notes, the FEDERAL HIGH COURT will be vested with exclusive jurisdiction.
NDIC v OKEM ENTERPRISE LTD & ANOR

28
Q

What is the exclusive jurisdiction of the State High Court?

A

TRESPASS TO LAND
Section 39(1) of the LUA provides that the High court shall have exclusive original jurisdiction in respect of land matters.
N.U.E.E v B.P.E
Irrespective of the fact that one of the parties is a federal government agency, all land matters shall be commenced in the HC.

29
Q

What is the concept of Transfer of cases from the Federal High Court to the State High Court?

A

SEC 22(2) of the FHC vests the FHC with the power to transfer cases to the appropriate High Court when it lacks jurisdiction to preside over a case not strike it out.

30
Q

What is the concept of Transfer of cases from the State High Court to the Federal High Court?

A

Where a SHC lacks jurisdiction to preside over a particular matter, the appropriate step is to strike out such matte unless the law establishing the court provides for such TRANSFER to the Federal High Court.
FASAKIN FOODS(NIG) LTD V SHOSANYA
ORDER 41 of the HC RULES OF FCT makes provisions for that in ABUJA

31
Q

What is the jurisdiction of the National Industrial Court?

A

Matters related to labor, employment, trade unions, and industrial relations, covering:

a. Workplace conditions, health, safety, and welfare of workers.
b. Disputes and issues arising under labor laws
c. Court orders restraining strikes, lock-outs, or industrial actions.
d. Employment disputes involving Chapter IV of the Constitution (fundamental rights).
e. National minimum wage disputes.
f. Unfair labor practices and international labor standards.
g. Workplace discrimination and sexual harassment.
h. Interpretation of international labor standards.
i. Child labor, abuse, and human trafficking issues.
j. Interpretation of collective agreements, arbitral awards, or employment disputes.
k. Disputes over payment of salaries, wages, pensions, etc.
l. Appeals from decisions related to trade unions or administrative bodies.
m. Registration of collective agreements.
SEC 254(C)(1) CFRN

32
Q

When do you need to leave of the NIC to file appeals to the COURT OF APPEAL?

A

Appeals from NIC to CA in respect of matters contained in CHAPTER IV & Criminal matters are of right while every other action requires the leave of court.
COCOA COLA NIG LTD v AKINSAYA

Note that the decision of the COURT OF APPEAL is final!

33
Q

What are the Qualifications of a Sharia Court of Appeal Grand Kadi?

A

There shall be a Grand Kadi who is a legal practitioner and he must have been qualified for a period of not less than 10 years

Non Legal Practitioner must have obtained a recognized qualification in islamic law from an institution & held the qualification for a period of not less than 12 years
SEC 261 CFRN

34
Q

What is the jurisdiction of the Sharia Court of Appeal?

A
  1. Marriage under islamic law-validity & dissolution
  2. Matters of Islamic Law concerning succession, gift or will.
  3. Questions regarding the care, maintenance, or guardianship of an infant, prodigal, or person of unsound mind who is a Muslim
  4. If all parties are Muslims and request the case to be heard under Islamic Law, the court will apply Islamic Personal Law to other questions as well.

SEC 262(2) CFRN

35
Q

What is the Appellate & Constitution of the jurisdiction of the SUPREME COURT?

A

a- decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution; or
b- decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person, or
c. to exercise its original jurisdiction in accordance with section 232 of this Constitution.
It shall be duly constituted by 7 Justices
Anything apart from this is 5 Justices
Section 233-Appellate Jurisdiction
Section 234-Constitution

36
Q

Proper parties to an Action under the Original jurisdiction of the Supreme Court?

A

-The nominal parties shall be the Attorney General of the Fed/States, if the dispute is between the Federation and a State of the Federation.
-The nominal parties shall be the National Assembly if the dispute involves the NA(NA in this context is Senate & House of Reps)
-The nominal party shall be the SPEAKER, HOUSE OF ASSEMBLY if the dispute involves the State House of Assembly.

37
Q

What is the jurisdiction of the Magistrate Court of Lagos state?

A

28.(1)(a)Personal actions arising from contract, tort or both where the debt or damage claimed is not more than 10 million.
(b) Actions between landlord & tenant for possession of any land, agricultural or residential where the annual rent value is not more than 10 million
(the claimant may claim arrears of and mense profit exceeding 10 million)
(c)to appoint Guardian ad litem
(d)to grant in any action constituted in the court, injunctions or orders to stay for the preservation of a property.
(e)to handle appeals from customary court.

28(2)(a) Recovery of penalties, rates, charges, taxes, expenses, cost of enforcements not exceeding 10 million.

SEC 28 MAG COURT LAW

38
Q

What is the monetary limit of the District Court?

A

CHIEF DISTRICT JUDGE I-7 million
CHIEF DISTRICT JUDGE II-6 million
SENIOR DISTRICT JUDGE I-5 million
SENIOR DISTRICT JUDGE II-4 million
DISTRICT JUDGE I-3 million
DISTRICT JUDGE II-2 million
SEC 13 of the District Court Act

39
Q

ECOWAS COURT AND ITS COMPOSITION/JURISDICTION?

A

Seven independent judges appointed by the heads of states and governments.
JURISDICTION
-Determines violation of human rights cases in member states
-adjudicate on any disputes relating to the interpretation of the treaty and conventions
-adjudicate disputes between institutions of community and their officials
-makes declarations on the legality of directives and decisions and other legal instruments adopted by ECOWAS

FACTS TO KNOW IN CIVIL (10 decks)

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