MR CALEB’S CIVIL LITIGATION REVISION

CLASS

TABLE OF CONTENT
1. Answering questions in the Civil litigation exam
2. Parties
3. Mode of commencing civil action
4. Applications
5. Injunction
6. Interpleader
7. Summary judgement
8. Pleading
9. Pre-trial issues
10. Trial
11. Final address
12. Judgement
13. Applications pending appeal
14. Appeal
15. Matrimonial causes
16. Recovery of premises

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CHIMEL’S NOTES
 WHAT TO CONSIDER WHILE ANSWERING QUESTIONS IN
THE CIVIL LITIGATION EXAM
Note: In civil litigation the locations to focus on are FCT and Lagos
Note: Magistrate court in FCT lacks civil jurisdiction (only criminal). The equivalent is the District court
Note: In theory questions, if you don’t remember what court has jurisdiction, the likelihood of it
being State High Court is 75%

1. CAUSE OF ACTION
 This means a wrong which gives rights to a remedy
 Examples of these are:
- 1. Breach of contract = State High Court
- 2. Declaration of title (land dispute) = State High Court
- 3. Debt recovery (liquidated money demand) = State High Court, Magistrate Court, District
Court & Small Claims Court
o (a) State High Court (Lagos state) = exceeding 10 million
o (b) Magistrate Court (Lagos state) = 10 million and below
o (c) Small claims court (Lagos) = 5 million and below
o (d) FCT High Court (Abuja) = exceeding 7 million
o (e) District Court (Abuja) = 7 million and below
- 4. Probate action = State High Court
- 5. Defamation of character = State High Court
- 6. Pre-election matters = Federal High Court (*new Electoral Act 2022)
- 7. Post-election matters =
o (a) Court of Appeal = President and Vice President
o (b) Governorship election tribunal = Governor and Deputy
o (c) National Assembly and the State House of assembly election tribunal = members of the
legislative houses
o (d) Local Government election tribunal = Local Government chairman and his Counsellors
o (e) Area Council election tribunal = Area Council Chairmen and their Counsellors (*new EA
2022)
- 8. Enforcement of fundamental rights =
o (a) State High Court = where the subject matter is committed by state officers
o (b) Federal High Court = where the subject matter is committed by federal agencies (e.g.
NAFDAC, police force, etc)
o (c) National Industrial Court = where the subject matter arises from labour issues (e.g.
trade unions)
- 9. Matrimonial causes = State High Court
- 10. Dispute between 2 States = Supreme Court
- 11. Dispute between States and the Federation = Supreme Court
o *note: this is not Federal Government
- 12. Dispute between the President and National Assembly = Supreme Court
o *note: NA is combination of Senate and HR – if the dispute is between only one of the
houses then it is not SC
- 13. Dispute between the State and National Assembly = Supreme Court
- 14. Dispute between the State House of Assembly and National Assembly = Supreme Court
- 15. Dispute between State and Federal Government = Federal High Court
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CHIMEL’S NOTES
 - 16. Dispute between the President and the Senate = Federal High Court
- 17. Vacancy of office of the President and the Vice = Court of Appeal
- 18. Determination of office of the President and the Vice = Court of Appeal
- 19. Determination of office of the Governor and legislative members = Federal High Court
- 20. Sexual harassment in working place = National Industrial Court
- 21. Salaries and pension of employees = National Industrial Court
- 22. Disputes against Federal Government Agencies = Federal High Court
- 23. Recovery of premises =
o Lagos = State High Court and Magistrate Court
o Abuja = High Court of the FCT and District Court

2. COURTS WITH JURISDICTION

 (A) SUBSTANTIVE JURSIDICTION / SUBJECT MATTER JURISDICTION
- This jurisdiction is determined by the following factors:
o 1. Cause of action
o 2. The constitution of the courts (quorum)
- Note: objections to substantive jurisdiction can be brought at any time, even on appeal for the
very first time
- Constitution
o 1. Supreme Court = it is duly constituted by 5 Justices although, in certain subject matter,
they are constituted by 7 Justices:
 (a) where the supreme court sits in its original jurisdiction (*cause of action above =
where the supreme court is a court of first instance)
 (b) interpretation of the Constitution
 (c) Appeal from Fundamental rights action
o 2. Court of Appeal = It is duly constituted by 3 Justices although, while interpreting the
constitution, they are duly constituted by 5 Justices
o 3. National Industrial Court = It is duly constituted by 1 Judge although, for matters
relating to labour (trade union), they are constituted by 3 Judges
o 4. Federal High Court = It is duly constituted by 1 Judge
o 5. State High Court = It is duly constituted by 1 Judge
 (B) TERRITORIAL JURSIDICTION (Venue of the court)
- The venue of the court is determined by the following factors
o 1. The cause of action
o 2. Where the defendant resides
- The following are the examples of the venue of the court
o 1. Breach of contract = where the contract is executed
o 2. Declaration of title = where the land is situate
o 3. Liquidated money demand or debt recovery = where the action arose
o 4. Matrimonial causes = anywhere in Nigeria
o 5. Recovery of premises = where the premises is situate
o 6. Election matters = where the election is conducted
 Although if the venue constitutes threat to life and property, the venue shall be
moved to the FCT
o 7. Fundamental rights action = where the action arose
- Note: where the venue of the court cannot be ascertained from the scenario, the venue shall
be determined by where the defendant resides

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CHIMEL’S NOTES
 - Note: Objections to territorial jurisdiction should be made timeously
 (C) PROCEDURAL JURISDICTION
- These are steps you must take before the court assumes jurisdiction
- Examples of this step are:
o 1. Pre-action notice
o 2. Notice to quit
o 3. Owners intention to recover possession
o 4. Pre-action counselling certificate (in Abuja) and Pre-action protocol form 01 (in Lagos)
- Note: objections to procedural jurisdiction should be raised timeously and failure to do so will
amount to waiver

 MODE OF OBJECTING JURISDICTION

- 1. By preliminary objection accompanied by a written address
- 2. By motion on notice supported by an affidavit
- 3. In the statement of defence
- 4. Oral application

3. PARTIES
 *Check notes below

4. VENUE OF THE COURT

 * Same with territorial jurisdiction above

5. STAGES OF TRIAL
 (A) PRE-TRIAL STAGE
- In Lagos: the pre-trial issues under the pre-trial stage are determined during the case
management conference
- In Abuja: they are determined at the pre-trial conference
- The matters discussed in this trial are
o 1. Joinder of parties
o 2. Alternative dispute resolution
o 3. Amendment of pleadings
o 4. Striking out of pleadings
o 5. Discovery
o 6. Consolidation
o 7. Applications
 (B) TRIAL STAGE
- At the trial stage. the following are transacted
o 1. Mention
o 2. Hearing
o 3. Final address
o 4. Judgement
 (C) POST-TRIAL STAGE
- At the trial stage. The court has become funtus officio (i.e. all official functions have ended)
- The agenda transacted at this point are:
o 1. Enforcement of judgement
o 2. Applications pending appeal
o 3. Appeal
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 CAUSE OF ACTION SUMMARY TABLE + COURTS
COURTS ACTIONS
National 1. Sexual harassment in working place
Industrial 2. Salaries and pension of employees
Court
State High 1. Breach of contract
Court 2. Declaration of title (land dispute)
3. Probate action
4. Defamation of character
5. Matrimonial causes

Federal High 1. Pre-election matters

Court 2. Dispute between State and Federal Government
3. Dispute between the President and the Senate
4. Determination of office of the Governor and legislative members
5. Disputes against Federal Government Agencies
6. Intellectual property
7. Vacancy of office of members of National assembly

Court of 1. Vacancy of office of the President and the Vice

Appeal 2. Determination of office of the President and the Vice

Supreme 1. Dispute between 2 States

Court 2. Dispute between States and the Federation
3. Dispute between the President and National Assembly
4. Dispute between the State and National Assembly
5. Dispute between the State House of Assembly and National Assembly

Mixed/ - Debt recovery (liquidated money demand)

special courts o (a) State High Court (Lagos state) = exceeding 10 million
o (b) Magistrate Court (Lagos state) = 10 million and below
o (c) Small claims court (Lagos) = 5 million and below
o (d) FCT High Court (Abuja) = exceeding 7 million
o (e) District Court (Abuja) = 7 million and below

- Recovery of premises
o Lagos = State High Court and Magistrate Court
o Abuja = High Court of the FCT and District Court

- Post-election matters
o (a) Court of Appeal = President and Vice President
o (b) Governorship election tribunal = Governor and Deputy
o (c) National Assembly and the State House of assembly election tribunal = members
of the legislative houses
o (d) Local Government election tribunal = Local Government chairman and his
Counsellors
o (e) Area Council election tribunal = Area Council Chairmen and their Counsellors

- Enforcement of fundamental rights

o (a) State High Court = where the subject matter is committed by state officers
o (b) Federal High Court = where the subject matter is committed by federal agencies
(e.g. NAFDAC, police force, etc)
o (c) National Industrial Court = where the subject matter arises from labour issues (e.g.
trade unions)

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 PARTIES
 Parties to civil action must be juristic hence juristic persons are classified into 2:
- 1. Natural persons
- 2. Artificial persons
 The following person are considered as non-juristic personalities (they cannot sue or be sued):
- 1. An infant (person below 18)
- 2. Persons of unsound mind
- 3. An undischarged bankrupt
- 4. An unregistered body (bodies yet to be incorporated)

Natural persons
 These are individuals who can sue and be sued
 Infants
- An infant is not a natural person but such person can be sued and sue through his guardian
o E.g “Joy (an infant) suing through her guardian Mrs James ___________ (Claimant)”
o OR “Joy (an infant) defending through her guardian Mrs James __________ (Defendant)”
 Persons with unsound mind
- For persons with unsound mind, they can sue and be sued through their guardians as well

Artificial persons
 These are classified into the following
- 1. Corporate body
o These are bodies incorporated with CAC and upon incorporation have corporate
personality e.g. Companies, LLPs, LPs and Incorporated Trustees
o Note: the above organisations can be sued and sue in their corporate names (i.e. don’t
sue them based on the name their known with, you have to go to CAC, conduct a search
and find out exactly how the name appears in their certificate of incorporation)
o Note: for Incorporate Trustees, the word “Incorporated Trustee” must be attached to their
name e.g. “Incorporated Trustee of Stingy Men Association”
- 2. Unincorporated bodies
o These are bodies registered with CAC but have no corporate personality e.g. Sole
proprietorship, Partnership (business name) and Firm/operation
o Note: whenever a sole proprietorship wants to institute an action, it is done as follows:
 “Mr Obi Cubana trading under the name and style of Odogwu bitters
- 3. Unregistered bodies
o These are bodies that are not registered with CAC e.g. Student Representative Council
(SRC)
o The above bodies are to institute an action in a representative capacity
o E.g. “Idris and Hafsat suing for themselves and on behalf of Student Representative
Council”

Designation/title of parties
 Parties are described based on the commencement processes
- 1. Actions commenced by writ of summons = claimant and defendant
- 2. Actions commenced by originating summons = claimant and defendant
- 3. Actions commenced by originating motion (originating application) = applicant and
respondent
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 - 4. Actions commenced by petition = petitioner and respondent

Types of parties in civil action

 1. Proper parties
- These parties are directly involved in the cause of action and without them there would be no
cause of action
 2. Necessary parties
- These parties are not directly involved in the cause of action but they bear the vicarious
liability. In most cases, they replace the proper party
o E.g. somebody’s dog bites you but you cannot sue the dog though he is the proper party.
You will sue the owner of the dog because he bears the vicarious liability so he will be the
necessary party
o E.g. somebody brought a brand-new car but the brake didn’t work and he ran into
somebody’s house. Owner of the house will sue the driver but the driver will want to join
Toyota as it was as a result of their faulty brakes = eventual liability
- Note: in most cases, the action may not be decided completely without the necessary party
- Note: this also includes eventual liability
 3.Desirable parties
- This party is neither proper or necessary and often described as a busybody as he’s more
concerned about the outcome of the suit
 4. Nominal parties
- These are parties nominated by law to represent a proper party
- E.g. AG of State or Federation

Third party proceedings

 This is a special procedure that is brought by defendants only to join a third party who bears the
eventual liability (i.e. Defendant + eventual liability = 3rd party proceedings)
 Note (trick exam question): Chike’s family have a son in Premiere College. One day, the driver of
the bus did not see Chike and decided to take the other children home. When Chike realized that
the bus had left, he decided to go home on his own. On his way, while crossing a major highway,
he got knocked down by a vehicle. Chike’s parents first sued the bus driver (parent is claimant,
driver is defendant). Chike’s parents now want to join Premiere College in the suit because they
bear the eventual liability, what is this called?
- Answer = most people wrote third-party proceedings but that is very wrong. Why? Because
the parent is the claimant. Claimant + eventual liability will never result in 3 rd party
proceedings (so the key word is not eventual liability)
- Defendant brings third party proceedings
- Claimant brings Joinder of parties

Steps for third party proceedings

 1. The defendant files a third-party proceeding (motion ex parte accompanied by an affidavit) to
the court
 2. If the court grants the above application, the defendant will serve a third-party notice (motion
on notice accompanied by other originating processes)
 Note (exam question): Draft the application to be served in a third-party proceedings VS draft the
application to be filed (note FILE VS SERVE or you will draft the wrong document!!)
- Draft: for filing = motion ex parte & affidavit; and for serving = third-party notice

Appearance by the third party

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 In Lagos: where the third-party is within jurisdiction, he is to appear within 8 days
 In Lagos: where the third-party is outside jurisdiction, he is to appear within 30 days
 In Abuja: where the third-party is within jurisdiction, he is to appear within 8 days
 In Abuja: where the third-party is outside jurisdiction, he is to appear within 35 days
 Note: where the third-party fails to enter appearance, he will still be bound by the decision of the
court

Joinder of parties
 The application for joinder of parties can be brought by both claimant and defendants
 The documents to be filed for the joinder of party is motion on notice supported by an affidavit
and accompanied by other originating processes
 Joinder of parties can be made at any stage of trial i.e. (a) during the case management
conference/pre-trial conference, (b) during trial and (c) during appeal

Mis-joinder of parties
 This is an application brought by counsel stating that his party has been wrongly joined to the suit
 E.g. you bring an application and join both the governor and AG as defendants but governors have
executive immunity and ought not to be joined in the suit
 There are 2 effects to mis-joinder of parties
- 1. Striking out of the name
o The court will make this order whenever there are still subsisting parties to the suit
o E.g. Governor and AG joined and Governor is struck out of the suit = AG is still left.
- 2. Striking out of the entire suit
o The court should make this order where there are no more subsisting parties
o E.g. only Governor and he is struck out of the suit = no party left
 Exam tip – if asked ‘what is the legal implication of striking out the case and what can be done
about it?’ = Matter can still be relisted where right party is brought – known as regularization

Survival of parties
 Generally, a suit survives the death of the parties although there are certain actions which are
considered personal and once the party dies, the suit comes to an end e.g.
- 1. Action for defamation of character
- 2. Action for seduction
- 3. Action for breach of promise to marriage
 Note: the suit survives by way of substitution (application for substitution is by motion on notice,
supported by affidavit and a written address)

Representative suit/action
 These are applications brought by one or more persons to represent the interest of others
 For it to be representative action, the group must be known e.g. a group of family
 Before a party brings a representative action, they must seek the leave of court, this leave is by
motion ex parte supported by an affidavit and accompanied by memorandum signed by majority
of members

Conditions for representative action (*what should be contained in the affidavit)

 1. That the parties have common interest
 2. That the parties have common grievance
 3. That the relief sought is beneficial to all

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 4. That they have been granted permission to represent them

Class action
 This is an application brought by one or more persons to represent an unknown group
- E.g. an application against all MTN users
(i) Before class action is granted, the party must seek the leave of court by filing a motion ex
parte supported by an affidavit
 Note: class action cannot used for all cause of action as it is limited to the following:
- 1. Administration of estate
- 2. Property held in trust
- 3. Community land
- 4. Interpretation of statute
- 5. In Abuja, tort actions

Conditions for class action (*what should be contained in the affidavit)

 1. That the parties have common interest
 2. That the parties have common grievance

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 Mode of Commencing Civil Actions
Mode of commencing action at the High Court
 Note: what determines the originating processes is the cause of action
 1. Writ of summons
- (a) breach of contract
- (b) declaration of title
- (c) debt recovery or liquidated money demand
- (d) defamation of character
- (e) recovery of professional fees
- (f) recovery of premises
- (g) probate actions
- (h) contentious matters
- Note: whenever you are unsure of the originating process, it is most likely the writ of
summons
 2. Originating summons
- (a) interpretation of documents
- (b) interpretation of statutes
- (c) correcting errors in judgement
- (d) matters that are likely non-contentious
- Note: it is basically used for interpretation
 3. Originating motion (originating application)
- (a) enforcement of fundamental right
- (b) prerogative writ such as:
o (i) order of mandamus (order directing an officer to do what is right)
o (ii) habeas corpus (order mandating body be produced)
o (iii) writ of prohibition (order prohibiting someone from committing an act)
o (iii) order of certiorari (order from superior court directing an inferior court to do the right
thing)
 4. Petition
- (a) election matters
- (b) matrimonial causes
- (c) winding up of the company

Writ of Summons
Issuance of writ of summons
 Note: *** very important, asked every year
 Writ of summons are issued by the registrar of the court under seal
 Note: the document that accompany writ of summons are:
- 1. Pleadings (statement of claim)
- 2. List of witnesses
- 3. Witness statement on oath
- 4. Documents to be relied upon
- 5. Pre-action protocol form 01 (Lagos) or Pre-action counselling certificate in form 6 (Abuja)
- Note - the above documents constitute originating processes. So, when asked in the exam to
list originating processes, these are the documents to list
- Note - where any of the documents are missing, the processes will not be accepted by the
registrar
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Lifespan of the writ of summons
 A writ of summons is to be served within its lifespan
 In Lagos and Abuja: the lifespan of a writ of summons is 6 months
 Note: where the writ of summons is not served within 6 months, the claimant should apply for
renewal of the writ of summons by motion ex parte supported by an affidavit. Once the
application is granted, the renewal is made for 3 months and subsequent renewal for another 3
months.
- Therefore, in Lagos, the writ of summons is for 6 months, 3 months and another 3 months,
making a total of 12 months.
- Sadly, in Abuja the writ of summons is for 6 months, 3 months and another 3 months, making
a total of 9 months (it doesn’t make sense but that is what the law says)
- Note: the application for renewal of writ of summons, according to the rule, should be
brought before the writ of summons elapses. Although, the Supreme Court in the case of
Kolawole v Alberto held that renewal of writ can be brought after the expiration of the writ of
summons (since its conflicting use supreme court but mention both)

Endorsement of the writ of summons

 This means that the writ of summons should contain the particulars of claim
 The particulars of claim are the reliefs sought by the claimant and these particulars of claim
should be at the reverse back of the writ of summons. Where it is on a separate sheet of paper,
the writ of summons is said to be defective
- Note: particulars of claim are not drafted. It’s a form you collect from the registrar and fill
- Note e.g: where the registrar mistakenly prints what is meant to be the back and font of the
writ on two different papers and staples them together = defective

Concurrent writ
 A writ of summons is marked with the word “concurrent” when it is to be served on several
defendants who are either within or outside the jurisdiction of the court

Service of writ of summons outside jurisdiction of the court

 A writ of summons which is to be served outside jurisdiction but within Nigeria, you need not
seek the leave of court because under the Sheriff and Civil Process Act, Nigeria is seen as 1
jurisdiction. In this case, the writ of summons will be endorsed and the endorsement will be
drafted as follows:
- E.g. “This writ is issued in Lagos State to be served at the Federal Capital Territory”
 Where the writ of summons is to be served outside the country, you need the leave of court

Service of the writ of summons

 Writ of summons can be served by the following persons
- 1. Bailiff **
- 2. Deputy Bailiff
- 3. Sherriff
- 4. Deputy Sherriff
- 5. Process server
- 6. Any other person directed by the court
- Note: The most appropriate person to serve the writ of summons is the Bailiff. It is if he is not
around that the others can then serve
 There are 2 modes of serving the writ of summons
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 - 1. Personal service
- 2. Substituted service
 Where the defendant can be found, the service shall be personal
 On the other hand, where the defendant cannot be found, the service shall be by substituted
service
- The application for substituted service will be by motion ex parte supported by an affidavit

Payment of filing fee and stamping

 Payment of filing fee and stamping of the court processes with the NBA seal is a pre-condition for
accepting the document once it is filed
 Note: where this is not complied with, the processes will not be accepted and the court will not
assume jurisdiction
 If the party filing is a government agency, they are exempted from paying filing fee

Defective writ of summons

 A writ of summons is said to be defective under the following circumstances
- 1. Where it is not properly endorsed (particulars of claim)
- 2. Where the designation of parties are not properly described (e.g. suing an infant without
guardian, where a lawful attorney sues in his own name)
- 3. Where the writ of summons is franked by the law firm (also externs too because only legal
practitioners can frank.)

Appearance to writ of summons

 Once the defendant has been served the originating process, the first step he’s to take is to file
the memorandum of appearance accompanied by the following documents:
- 1. Statement of defence
- 2. List of witnesses
- 3. Witness statement on oath
- 4. Documents to be relied upon
- 5. Pre-action protocol form 01 Lagos or Pre-action counselling certificate in form 6 Abuja
 In Lagos, the timeframe to enter appearance is 42 days either within or outside jurisdiction
 In Abuja, the timeframe to enter appearance within jurisdiction is 14 days whereas the according
to SCPA, the timeframe outside jurisdiction is 30 days
 Note: memorandum of appearances should be filed within 7 days

Types of memorandum of appearance

 1. Unconditional appearance
 2. Conditional appearance

1. Unconditional appearance
- The defendant should file an unconditional appearance under the following circumstances:
o (a) where the court has jurisdiction
o (b) where the writ of summons is not defective
o (c) where the court processes are properly served
- Content of an unconditional appearance
o (a) heading of the court
o (b) reference number (suit number)
o (c) parties
o (d) title of the memorandum of appearance
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 o (e) the main body
o (f) date
o (g) franking
o (h) For service on

DRAFT OF UNCONDITIONAL MEMORANDUM OF APPEARANCE

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ________
BETWEEN:
KAYUBA ADA ___________________ CLAIMANT
AND
AGRICULTURAL BANK PLC _______________ DEFENDANT

UNCONDITIONAL MEMORANDUM OF APPEARANCE

Please enter an appearance for Agricultural Bank Plc sued as defendant in this suit.

Dated this 19th day of August 2022

Signed
AB Smart Esq
Defendant’s counsel
No. 5 law school road, Lagos
FOR SERVICE ON:
Kayuba Ada
Claimant
No. 3 law school road, Lagos

2. Conditional appearance
- The defendant should file a conditional appearance under the following circumstances
o (a) where the court lacks jurisdiction
o (b) where the writ of summons is defective
o (c) where the originating processes are not duly served
- Content of conditional appearance
o (a) heading of the court
o (b) reference number (suit number)
o (c) parties
o (d) title of the memorandum of appearance
o (e) the main body
o (f) date
o (g) franking
o (h) For service on
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DRAFT OF CONDITIONAL APPEARANCE

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ________
BETWEEN:
KAYUBA ADA ___________________ CLAIMANT
AND
AGRICULTURAL BANK PLC _______________ DEFENDANT

CONDITIONAL MEMORANDUM OF APPEARANCE

Please enter a conditional appearance for Agricultural Bank Plc sued as defendant in this suit.

Dated this 19th day of August 2022

Signed
AB Smart Esq
Defendant’s counsel
No. 5 law school road, Lagos
FOR SERVICE ON:
Kayuba Ada
Claimant
No. 3 law school road, Lagos

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 APPLICATIONS
 ******Applications is the most important topic in Civil lit.

 All applications to court are brought by motion and is accompanied by an affidavit and a written
address (Or.43 r.1 high court civil procedure rule Lagos 2019 & FCT 2018)

Purpose of applications
 1. To maintain the status quo (preserve the subject matter)
 2. To apply for temporary reliefs (e.g. injunction and striking out of pleadings)
 3. To amend pleadings

Types of motion
 1. Motion ex parte
 2. Motion on notice
 Note: the parties in the above in motions are called applicant and respondent

MOTION EX PARTE
 This is an application where the court hears the applicant only (i.e. the respondent is not being
served)

Conditions for the use of motion ex parte

 1. Matters of extreme urgency
 2. Where the application will not affect the adverse party
 3. Where the use of motion on notice will frustrate the suit
 4. Where the application is brought before service of originating processes
 5. Where the rules of court provide for it

Examples of applications brought by motion ex parte

 1. Grant for representative action
 2. Class action
 3. Renewal of writ of summons
 4. Substituted service
 5. Third-party proceedings
 6. Interim injunction
 7. Anton pillar injunction
 8. Mareva injunction
 9. Garnishee proceedings
 10. Transferring of cases from the cause list to the undefended list
 Note: Mareva is attaching property but garnishee is attaching money to stop the respondent from
taking these out of the jurisdiction

Content of motion ex parte

 1. The heading of the courts
 2. Reference number (suit number and motion number)
 3. Parties
 4. Title of the motion (motion ex parte)
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 5. The order by which the motion is brought
 6. the main body
 7. The relief sought
 8. The omnibus relief
 9. Date
 10. Franking
 Note: there is not for service on because the respondent is not put on notice

MOTION EX PARTE

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ________
MOTION NO: ________
BETWEEN:
KAYUBA ADA ___________________ APPLICANT
AND
AGRICULTURAL BANK PLC _______________ RESPONDENT

MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 43 RULE 1 OF THE HIGH COURT CIVIL PROCEDURE RULES OF LAGOS
STATE 2019 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this honourable court shall be move on the ___ day of ____ 20___ at the hour of 9
O’clock in the forenoon or so soon thereafter as counsel to the applicant may be heard praying this
court for the following reliefs:

1. AN ORDER FOR ______

AND FOR SUCH OTHER ORDER or orders as this honourable court may deem fit to make in the
circumstances above

Dated this 19th day of August 2022

Signed
AB Smart Esq
Applicant’s counsel
Lagos

MOTION ON NOTICE
 This is an application where the will hear both parties

Examples of applications brought by motion on notice

 1. Joinder of parties
 2. Misjoinder of parties
 3. Substitution of parties
 4. Striking out of pleadings
 5. Amendment of pleadings
18
CHIMEL’S NOTES
 6. Extension of time
 7. Interlocutory injunction
 8. Leave to appeal
 9. Application to re-list a suit
 10. Stay of proceedings
 11. Stay of execution
 12. Injunction pending appeal
 13. Third party notice (NOT third party proceedings, that is ex parte!)
 14. Application for default judgment
 15. Application for summary judgement

Content of motion on notice

 1. The heading of the courts
 2. Reference number (suit number and motion number)
 3. Parties
 4. Title of the motion (motion ex parte)
 5. The order by which the motion is brought
 6. the main body
 7. The relief sought
 8. The omnibus relief
 9. Date
 10. Franking
 11. For service on

DRAFT OF MOTION ON NOTICE

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: ________
MOTION NO: ________
BETWEEN:
KAYUBA ADA ___________________ APPLICANT
AND
AGRICULTURAL BANK PLC _______________ RESPONDENT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 43 RULE 1 OF THE HIGH COURT CIVIL PROCEDURE RULES OF THE
FEDERAL CAPITAL TERRITORY 2018 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE
COURT

TAKE NOTICE that this honourable court shall be move on the ___ day of ____ 20___ at the hour of 9
O’clock in the forenoon or so soon thereafter as counsel to the applicant may be heard praying this
court for the following reliefs:

1. AN ORDER FOR ______

AND FOR SUCH OTHER ORDER or orders as this honourable court may deem fit to make in the
circumstances above
19
CHIMEL’S NOTES
Dated this 19th day of August 2022

Signed
AB Smart Esq
Applicant’s counsel
Abuja

FOR SERVICE ON:

Agricultural Bank Plc
Respondent

AFFIDAVIT
 The maker of this document is called deponent
 Affidavits are statement of facts made on oath
- Facts = Events that happened
- Points of law = Statutes, doctrine or sections of law or even case law.
- So, if defendant’s reply is on law, he should file written address not counter affidavit because
affidavits do not contain points of law, only fact

Rules governing affidavit

 1. Affidavit should contain facts only
 2. If the application is on point of law, there is no need for an affidavit
 3. Documents described in an affidavit must be marked as exhibit
 4. Information contained in the affidavit must be within the knowledge of the maker and where
they are not within his knowledge, he should state so
 5. A deponent cannot be the Commissioner for oath
 6. A deponent’s partner cannot be the Commissioner for oath (e.g. wife/husband)

Types of affidavit
 1. Affidavit in support of motion
 2. Counter-affidavit
 3. Reply to counter-affidavit
 4. Further and Better Affidavit
 5. Reply to further and better affidavit
 6. Affidavit of Service
 Note: the reply to an affidavit is done using a counter affidavit. This may not be necessary if the
reply is on point of law
 Note: Failure to file a counter-affidavit means admission to the facts in the affidavit
 Note: where there is a conflict in an affidavit, it is resolved by oral statement of the party or by
documentary evidence

Content of an affidavit
 1. Heading of the court
 2. Reference number
 3. Parties
 4. Title of the affidavit

20
CHIMEL’S NOTES
 5. The main body
- (a) introduction
- (b) facts in their chronological order
- (c) the oath clause
 6. Signature of the deponent
 7. Jurat
 8. Attestation before the commissioner for oath

DRAFT OF AN AFFIDAVIT

IN THE HIGH COURT OF THE LAGOS

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ________
BETWEEN:
KAYUBA ADA ___________________ APPLICANT
AND
AGRICULTURAL BANK PLC _______________ RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION

I, Kayuba Ada, a business woman of No. 3 Jagaban street, Lagos, a Nigerian citizen, an adult, a
Muslim, do hereby make oath and state as follows:
1.
2.
3.
4.
5.

That I swear to this affidavit in good faith believing same to be true and correct to the best of my
ability in accordance with the Oath law.

_______________
DEPONENT

Sworn to at the High Court Registry, of Lagos State

Dated this day of 20 ___
__________________
BEFORE ME
COMMISSIONER FOR OATH

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CHIMEL’S NOTES
WRITTEN ADDRESS
 Every application brought by motion is usually accompanied by a written address
 Note: if the application is on point of law, the document you will file will be the motion and the
written address only (no affidavit) – note especially for MCQ
 Note: If asked in theory to draft an application and they did not specifically ask for supporting
documents, you still have to draft all 3: 1. Motion, 2. Affidavit & 3. Written Address

Content of a written address

 1. Heading of the court
 2. Reference number
 3. Parties
 4. Title of the written address
 5. The main body
- (a) introduction
- (b) brief statement of facts
- (c) issues for determination
- (d) legal arguments
- (e) conclusion
 6. List of authorities
- (a) judicial authorities
- (b) statutory authorities
 7. Date
 8. Franking
 9. For service on

DRAFT OF A WRITTEN ADDRESS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: __________
BETWEEN:
KAYUBA ADA __________________________ APPLICANT
AND
AGRICULTURAL BANK PLC ____________________ RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF THE MOTION

1. INTRODUCTION
2. BRIEF STATEMENT OF FACTS
3. ISSUES FOR DETEMRINATION
4. LEGAL ARGUMENT
5. CONCLUSION

LIST OF AUTHORITY:
1. JUDICIAL AUTHORITY
2. STATUTORY AUTHORITY

Dated this 20th day of August 2022

22
CHIMEL’S NOTES
 Signed AB Smart Esq
Applicant’s Counsel
Abuja

FOR SERVICE ON:

Agricultural Bank Plc
Respondent
Abuja

THE ORDER BY WHICH MOTION IS HEARD

 Generally, motions are heard based on who is the first to file his application (first file, first heard)
 Although, where there are 2 motions pending before the court, and one of them seek to ratify
and the other seek to dismiss or strike out, the court is to consider the application that seek to
ratify first, and if that motion is granted, the other application should be withdrawn but will be
entitled to cost
- Note: if asked in the exam, don’t forget to always list general principle first before going into
the exceptions

HOW TO MOVE A MOTION

e.g. in 5-numbered paragraph, move a motion.

 1. My Lord, before this honourable court is an application brought by motion on notice supported
by an affidavit and accompanied by a written address dated and filed dame day (*Note 1)
 2. My Lord, this application is brought pursuant to Order 43 rule 1 of the High Court Civil
Procedure Rules of Lagos State 2019
 3. My Lord, this application seeks the following reliefs:
- [whatever they give you in bar exam you write it there]
 4. My Lord, this application is supported by a 10-paragraph affidavit and we rely on all
 5. My Lord, I urge this court to grant our application

(*Note 1) – If motion ex parte, do not say served just filed

OR if the question states “move your motion in terms”

 Answer = “I hereby adopt my motion earlier filed”

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CHIMEL’S NOTES
 INJUNCTIONS
 Injunctions are applications made to preserve the subject matter

Types on injunctions
 1. Interim injunction
 2. Interlocutory injunction
 3. Perpetual injunction
 4. Mareva injunction
 5. Anton pillar injunction

Interim injunction
 This injunction preserves the subject matter in cases of extreme urgency
 This injunction should be brought before the action is commenced i.e. there must be no pending
suit when this application is brought
- i.e. this application is brought before a motion on notice can be heard and that is why it is
brought by motion ex parte

Interlocutory injunction
 This application preserves the subject matter pending the determination of the suit and that is
why it is brought by motion on notice

Conditions for interim and interlocutory injunctions (*content of affidavit)

 1. Serious issue to be tried
 2. Legal right to be protected
 3. Irreparable loss or damage
 4. Balance of convenience
 5. Conduct of the parties
 6. Undertaking to pay damages if applications are found to be frivolous
 7. Extreme urgency for interim injunction only

Perpetual injunction
 These are reliefs sought in the writ of summons
 This injunction preserves the subject matter after the suit has been determined

Mareva injunction
 This is an application to preserve a property not subject to litigation for the purpose of satisfying
the judgement debt
 Once this application is granted, the property will not be taken outside the jurisdiction of the
court
 Conditions for mareva injunction
- 1. There must be a pending litigation
- 2. The property must not be subject to litigation
- 3. The property must be fully described
- 4. The property must belong to the respondent
- 5. An undertaking to pay damages if the action is found to be frivolous

24
CHIMEL’S NOTES
Anton Pillar injunction
 This application is made to preserve copyright, trademark and patent infringement (IP)
 This application is brought solely at the Federal High Court because the matters above are within
its exclusive jurisdiction
 Conditions for Anton pillar injunction (*content of affidavit)
- 1. There must be a pending litigation
- 2. The property must be subject to litigation
- 3. The property must be in possession of the adverse party
- 4. There is a likelihood of the property being destroyed
- 5. An undertaking to pay damages if application is found to be frivolous

SUMMARY: there are 5 injunctions. 4 are true injunctions (applications) and 1 is a relief sought
(perpetual). 3 are by motion ex parte and 1 is by motion on notice (interlocutory)

25
CHIMEL’S NOTES
 INTERPLEADER
 This is an application brought by a neutral party in possession of goods, money or documents
which are subject to adverse claim by 2 or more claimants
 Neutral party + goods in possession + adverse claim by 2 persons = interpleader
 Note: examples
- Landlord has 2 sons and after he died the tenant has rent but doesn’t know who to pay it to
and both sons are claiming the money: the tenant is the neutral party and he has money in his
possession. Answer: he should make an interpleader application.
- A man gave his friend his document to keep for him, the man later died and his friend went to
his family home and both the children are saying they want the documents.
- The bank has 2 billion naira in their account and the owner has died, both his 2 children
brought a letter of demand to the bank demanding that they are entitled to the money
 In Lagos, the application is by interpleader summons supported by an affidavit
 In Abuja, the application is by originating summons

Types of interpleader
 1. Stakeholder interpleader – this is brought:
- (a) where the action has not commenced (pre-trial)
- (b) where there is a pending action (during trial)
 2. Sherriff interpleader – this is brought:
- (a) once judgement has been delivered (post-trial)

Conditions for interpleader (*stated in affidavit)

 1. The applicant has no interest in the subject matter other than cost for instituting the action
 2. The applicant has not colluded with any of the parties (i.e. no taking sides = remain neutral)
 3. The applicant is willing to bring the subject matter before the court

Decisions made in interpleader

 1. Where there is no pending suit: the adverse claimants will be designated as claimant and
defendant (the court will choose between them)
 2. Where there is a pending suit: the adverse claimants will be made Co-defendants
 3. If the interpleader is on point of law: it should be determined immediately
 4. The decision in interpleader is final and can only be set aside on appeal

26
CHIMEL’S NOTES
 SUMMARY JUDGEMENT PROCEDURE
 This procedure abridges full trial (no hearing and trial. From mention to judgement) e.g:
- 1. Default judgement
- 2. Summary judgement (Order 11 Abuja and Order 13 Lagos)
- 3. Undefended List (Abuja Order 35)

DEFAULT JUDGEMENT
 These are applications brought by claimants and are applied under the following circumstances
- 1. Default of appearance by the defendant
- 2. Default in filing pleadings (statement of defence)

Conditions for default judgement

 1. The defendant must have been properly served
 2. The timeframe provided by statute must have elapsed
 3. He fails to enter appearance or file his pleadings

Default judgement in appearance

 This can only be granted in the following circumstances:
- 1. Claim for mesne profit
- 2. Detention of goods
- 3. Liquidated money demand (debt recovery)
- 4. Recovery of land
 Note: for actions not mentioned above, default judgement will not be granted. Rather, apply that
the matter should be set down for hearing

Default judgement as pleadings

 The court can only grant this where the cause of action is liquidated money demand only
 For actions not mentioned above. Apply that the matter should be set down for hearing

Setting aside default judgement

 Default judgement can be set aside by the same court or other judges of the same court because
it is not made on the merit.
 The application to set aside default judgement is by motion on notice supported by an affidavit
and a written address

Grounds for setting aside default judgement as to appearance

 1. The applicant must make a prompt application
 2. The applicant must have a good defence
 3. The applicant must state a genuine reason for the default
 4. In Abuja, the applicant must pay cost

Grounds for setting aside default judgement as to pleadings

 1. Lack of jurisdiction
 2. Non-service
 3. Fraud

27
CHIMEL’S NOTES
SUMMARY JUDGEMENT
 This is an application brought by the claimant where he is of the view that the defendant has no
defence (his personal opinion, he doesn’t really know)
 This application is granted for all cause of action except for declaration of title
 Where the cause of action is declaration of title, the matter will be set down for hearing

Documents to be submitted for summary judgement

 1. Writ of summons
 2. Statement of claim
 3. Documents to be relied upon
 4. Motion on notice
 5. Affidavit
 6. Written brief
 Note: no need for witness statement on oath and list of witness because there’s no trial!

Options available to the defendant under the summary judgement

 1. The defendant may decide to do nothing
 2. He decides to enter his defence
- Where he deicides to enter his defence he must do so in Lagos within 42 days and in Abuja
within 21 days by filing the following documents:
o (a) statement of defence
o (b) documents to be relied upon
o (c) counter-affidavit
o (d) written brief

Decisions made in summary judgement

 Where the defendant does nothing, the decision made shall be a default judgement
 Where the defendant enters his defence, the decision made shall be final

UNDEFENDED LIST
 This procedure is only recognised in Abuja for the sake of the bar finals
 This application is made where the claimant believes the defendant has no defence although this
procedure only applies to liquidated money demand
 For other actions not mentioned the matter will be set down for hearing
 Documents to be filed
- 1. Writ of summons
- 2. Affidavit
- Note: CofA held that motion ex parte be added because it is used to transfer the matter from
the cause list to the undefended list. We await the Supreme Court’s decision on this point
 Options available to the defendant
- 1. He may decide to do nothing
- 2. He may decide to enter his defence
o Where he decides to enter defence, he must do so within 5 days by filing the following
documents
 (a) notice of intention to defend
 (b) counter-affidavit
 Decisions made
- The decision in undefended list shall be final whether he does something or nothing

28
CHIMEL’S NOTES
 PLEADINGS
 Pleadings are documents that accompany the writ of summons
 For other originating processes like originating summons, originating motions and petition are
accompanied by affidavit

Similarities between pleadings and affidavits

 1. They both accompany originating processes
 2. They both contain summary statement of facts

Distinctions between pleadings and affidavit

Pleadings Affidavit
Contains statement of fact but not made on Contains statement of fact made on oath
oath
Contains point of law Cannot contain point of law
Documents are only described Documents must be attached and marked as
“exhibit”

Relationship between writ of summons and pleadings

 1. Where there is a conflict between the writ of summons and pleadings as to relief sought, the
pleadings shall prevail. This is because the court is bound by the pleadings of the party
- Conflict of relief sought = pleadings prevail
- Note e.g.: Question - Mr. A in his writ of summons claimed for 7million for general damages
but in his pleadings, he asked for 7 million and an additional 10 million which was not
contained in his writ of summons. Comment on the propriety. Answer: The court can grant
regardless of the fact it was not stated in the writ of summons
 2. Where there is a conflict between writ of summons and pleadings as to the cause of action, the
writ of summons shall prevail because the writ of summons controls the pleadings as to the cause
of action
- Conflict of cause of action = writ of summons prevails
- Note e.g.: If writ of summons says defamation of character and the pleadings say breach of
contract then the writ will prevail

Matters that must be pleaded

 All matters that will take the adverse party by surprise must be pleaded because any matter that
is not pleaded will not be admitted
 Examples of matters to be pleaded are:
- 1. Legal maxims
- 2. Immunity
- 3. Lapse of time (statute bar/statute of limitation)
- 4. Defamatory words
- 5. Adultery, etc

Types of pleadings
 1. Statement of claim
 2. Statement of defence
 3. Reply
29
CHIMEL’S NOTES
 4. Defence to counterclaim/ reply to counterclaim
 5. Statement of defence and counterclaim

1. Statement of claim
 This document is prepared and filed by the claimant and this is the pleading that accompanies the
writ of summons
 Special damages and general damages in the statement of claim
- The special damages in the statement of claim must be quantified and proved whereas
general damages are unquantified and require no proof (e.g. claim for depression)
 Content of the statement of claim
- 1. Heading of the court
- 2. Reference number
- 3. Parties
- 4. Title of the pleading (statement of claim)
- 5. The main body
o (a) introductory avertment (introduction of both parties)
o (b) facts in their chronological order (*write from scenario in exam)
o (c) relief sought (*write from scenario in exam)
- 6. Date
- 7. Franking (pleadings can only be franked by a legal practitioner)
- 8. For service on

How to draft the statement of claim

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO: ________

BETWEEN:
KAYUBA ADA __________________________ CLAIMANT
AND
AGRICULTURAL BANK PLC ___________________ DEFENDANT

STATEMENT OF CLAIM
1. The claimant is Kayuba Ada of No 5 Jagaban street, Lagos and she is a business woman
2. The defendant is Agricultural Bank plc whose registered address is at No 2 Obi street, Lagos, a
company incorporated with Corporate Affairs Commission
3. On the 5th of March 2022, a contract was entered between Mrs Kayuba Ada and Agricultural Bank
Plc for the supply of cashew nuts
4. That the contract was executed on the 5th of March 2022
5. After several letter of demand dated this ___ day of ___ 20__ the defendant failed to pay the
outstanding balance

6. WHEREOF THE CLAIMANT CLAIMS AS FOLLOWS:

(a) a general damage of ten billion naira
(b) a special damage of one million naira

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CHIMEL’S NOTES
 (c) grant of perpetual injunction

Dated the 21st day of August 2022

Signed
AB Smart esq
Claimant’s counsel
Lagos
FOR SERVICE ON:
Agricultural Bank plc
Defendant
Lagos

2. Statement of defence
 This document is prepared and filed by the defendant having gone through the statement of
claim

Content of the statement of defence

 1. Admissions
- These are facts admitted by the defendant
- It is drafted as follows:
o “The defendant admits paragraph 1, 2 and 3 of the statement of claim”
 2. Traverse (denial)
- There are various form of denial
- (a) general traverse
o A statement of defence must contain a general traverse and it is drafted as follows:
 “SAVE AND EXCEPT as expressly admitted, the defendant denies each and every
allegation of fact contained in the statement of claim as if same were herein set out
and traversed seriatim”
- (b) evasive traverse
o In this case, the defendant is not in the position to admit or deny thereby leading to
ambiguity. It is drafted as follows:
 “The defendant is not in the position to admit or deny paragraph 8 of the statement
of claim”
- (c) negative pregnant traverse
o These are denials that lead to further preposition or questioning because they are not
clearly denied. This is drafted as follows:
 “The defendant denies taking five million naira”
o The above denial can be cured by specific traverse
- (d) specific traverse
o This traverse was made to cure the defects of the negative pregnant traverse because it
was denied clearly
o To cure this defect, there are certain terms you must add e.g. (a) “or any other sum”, (b)
or any other person, (c) the word “all” should be changed to the word “any”, (d) the word
“and” should be changed to “or”. Examples are:

31
CHIMEL’S NOTES
  “The defendant denies taking the sum of 10 million naira” should be redrafted as:
“The defendant denies taking the sum of 10 million naira or any other sum from the
claimant or any other person”
 “The defendant denies shooting and killing the dog” should be drafted as: “the
defendant denies shooting or killing the dog”
 “Mr. A denies collecting bribe from all the suspects” to “Mr. A denies collecting bribe
from any of the suspects”
- (e) an admixture of admission and traverse
o In this case, the defendant both admits and denies at the same time. It is drafted as
follows:
 “The defendant admits paragraph 8 of the statement of claim to the extent that a
contract was entered but denies every other fact”
 3. Counter-claim
- Counter-claim is a cross action brought by the defendant
- In this case, the defendant becomes the claimant while the claimant becomes the defendant
o E.g. claimant is claiming outstanding balance of 7 million naira and defendant in turn
brings a claim against the claimant that the goods were not fit for purpose
- Note: counter-claim are independent actions hence, once the original suit is struck out or
dismissed, the counter-claim still survives
 4. Set off
- This is also a cross-action brought by the defendant in respect of liquidated money demand
(monetary claims)
- The essence of set off is to reduce the monetary claims brought by the claimant
o E.g. claimant is claiming outstanding balance of 7 million naira and defendant in turn
brings a claim for an outstanding loan of 5 million owed to them by the claimant. Here, the
court will award 2 million naira instead of 7 (7-5))
- Note: set off are not independent actions, therefore, once the main suit is struck out or
dismissed, set off does not survive
 5. Confession and avoidance
- This is where the defendant admits to the facts in the statement of claim but gives
circumstances to avoid the consequences

Timeframe to file pleadings

 1. Statement of claim = has no time frame because it accompanies the writ of summons
 2. Statement of defence/ counterclaim =
- In Lagos: 42 days
- In Abuja: 21 days
 3. Reply: this is filed by the claimant in response to the statement of defence
- In Lagos: 14 days
- In Abuja: 7 days
 4. Defence to counterclaim OR reply to counterclaim: whenever the defendant files a statement
of defence that contains a counterclaim, the original claimant can no longer file a reply. Rather,
what he files is a defence to counterclaim in Abuja, and a reply to counterclaim in Lagos
- In both Lagos and Abuja, the timeframe is 14 days

Amendment of pleadings
 The application to amend pleadings is by motion on notice supported by an affidavit and
accompanied by the following documents:
- 1. The amended copy of the pleadings marked as “exhibit” in the affidavit”
32
CHIMEL’S NOTES
 - 2. List of witnesses
- 3. Witness statement on oath
- 4. Documents to be relied upon
 Amendment of pleadings can be done as many times during the case management conference or
the pre-trial conference (pre-trial *check notes below).
 However, during trial, pleadings can only be amended twice in both Lagos and Abuja
 Grounds upon which the court refuses amendment of pleadings
- 1. Where it introduces new evidence
- 2. Where it introduces new issues
- 3. Where it did not cure any defect
- 4. Where it is an abuse of court processes
- 5. Where it causes injustice to the adverse party

Closing of pleadings
 A pleading is said to be closed after the parties are done with the filing of the pleadings
 Where the court makes an order that the pleading should be closed, such pleading is deemed
closed after 14 days

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CHIMEL’S NOTES
 PRE-TRIAL ISSUES
 These issues are considered during the Case Management Conference or the Pre-trial Conference
 These issues are:
- (a) Striking out of pleadings
- (b) Amendment of pleadings (*see previous note)
- (c) Demurrer and lieu in demurrer
- (d) Discovery
- (e) Consolidation

Striking out of pleadings

 A pleading can be struck out by the court under the following circumstances
- 1. Where it constitutes an abuse of court processes
- 2. Where it is vexatious and injurious
- 3. Where it contains no cause of action
 The application to strike out pleadings can be done in 2 ways
- 1. Notice of preliminary objection accompanied by a written address
o This is filed where the application is as to point of law
- 2. Motion on notice supported by affidavit and a written address
o This is filed where the application is as to facts
- Note Tip: any question that asks for an alternative to motion on notice, the answer will always
be notice of preliminary objection

Demurrer and Lieu in Demurrer

 Demurrer is an application which simply means to wait
 This application is brought by motion to dismiss
 The essence of this application is to determine issues on point of law, hence, the court has to wait
until the issue has been determined
 When the issue is determined, the parties will then be asked to file their pleadings
 These processes led to time wasting, hence, it was abolished and replaced with lieu in demurrer
 By this procedure, the issues of point of law should be stated in their pleadings, hence this
reduces the time spent by the court
- Note summary: formerly pleadings didn’t contain points of law but facts only. But because of
the process of lieu in demurrer, they not contain points of law

Discovery
 This is a pre-examination of the parties to discover facts or documents
 Discovery are classified into 2
- 1. Interrogatory
o This is also known as discovery of facts
o This discovery should be filed within 7 days before the close of pleadings and shall form
part of the agenda of the pre-trial forums
 In Lagos: interrogatory is done using form 19
 In Abuja: it is done using form 21
o Note: the adverse part replies interrogatory by filing an affidavit

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CHIMEL’S NOTES
  In Lagos: the affidavit is in form 20
 In Abuja: the affidavit is in form 22
o Inadmissible interrogatory: inadmissible under the following circumstances:
 (a) where the interrogatory it has to do with the character of the parties
 (b) where the interrogatory seeks the content of the document (because it is meant
for facts only)
 (c) where the interrogatory filed is outside the scope of the pleadings (fishing
interrogatory)
 (e) oppressive interrogatory
- 2. Notice to produce
o This discovery is used to recover documents in possession of the adverse party
o This process is also known as inspection of documents
o Note e.g.: Mrs A lost her receipt and believes the adverse party has a copy of her receipt.
What step will she take to recover the document during the pre-trial forum?
o These documents are also filed within 7 days before the close of pleadings
o The adverse party, while replying this procedure is to file an affidavit
 In Lagos: the affidavit is in form 21
 In Abuja: the affidavit is in form 23

Consequences of disobeying discovery

 1. Contempt of court
 2. Term of committal
 3. For the claimant, his case will be dismissed
 4. For the defendant, his defence will be struck out as if he never filed a defence

Consolidation
 This is where 2 or more cases are tried together to reduce the time spent in litigation
 The application for consolidation is by motion on notice supported by an affidavit and a written
address

Conditions for consolidation

 1. All cases must be pending before same High court (i.e. same location)
 2. The facts must be the same
 3. The consent of the Chief Judge must be obtained
 4. If there are several defendants in the case, their consent must also be obtained

Decision in consolidation
 The decision made in consolidation are not consolidated as only the trial in consolidated and not
judgement. Hence, judgement is delivered independently

De-consolidation
 This is where a case ought not to be consolidated under the following circumstances:
- 1. Where the consent of the chief judge has not been obtained
- 2. Where the counsel will be likely embarrassed
- 3. Where the claimant in one case is also a defendant in another case sought to be
consolidated

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CHIMEL’S NOTES
How to initiate the Pre-trial Forums (CMC & PTC)
 In Lagos: the claimant is to initiate the CMC within 14 days after the close of pleadings by filing
form 17 (notice of CMC)
 In Abuja: the claimant is to initiate the PTC within 7 days after the close of pleadings by filing form
19 (notice of PTC)
 Note: where the claimant fails to initiate the forum, the defendant will have 2 options
- 1. He may decide to apply for the Pre-trial forum by himself
- 2. He may apply that the claimant’s case to be dismissed

Agenda to be discussed at the pre-trial forum

 Once the pre-trial forum is initiated, the judge issues a timetable or a schedule
 In Lagos: this schedule is in form 18
 In Abuja: the schedule is in form 20
 The agenda to be discussed at this forum are
- 1. Joinder of parties
- 2. Amendment of pleadings
- 3. Striking out of pleadings
- 4. Settlement of issues
- 5. Discoveries
- 6. Alternative dispute resolution mechanisms
- 7. Any other matters arising

Attendance to the pre-trial forum

 Attendance to this forum is mandatory
 Where the claimant fails to attend, his case will be dismissed
 Where the defendant fails to attend, judgement will be entered against him
 Note: the above decision can be reverted by an application brought within 7 days by filing:
- 1. Motion on notice
- 2. Affidavit
- 3. Oath of compliance
 Note: in Lagos, the pre-trial forum must be concluded within 3 months whereas in Abuja, the
pre-trial forum will be concluded within 30 days
 Note: at the conclusion of this forum, the judge prepares a report (case management report or
pre-trial conference report) which is sent to the trial court. This report are not binding but
persuasive

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CHIMEL’S NOTES
 TRIAL
 Civil trial begins at mention. This means the first time the parties are introducing themselves
 The parties while introducing themselves announce their appearance (not enter appearance!) by
stating “May it please this court, I, AB Smart esquire appearing for the claimant”
 Note: if the counsel is a woman, the word “esquire” should not be used, rather the word “Miss”
or “Mrs” should be used depending on their marital status

Modalities in court
 1. Three bangs introduce the person of the Judge
 2. At the Magistrate court, the Magistrate is addressed as “Your worship” but in Lagos, they’re
addressed as “Your honour”
 3. At the superior courts, judicial officers are address as “My Lord” or “Your Lordship”
 4. For superior courts, lawyers are to be robed in their barristers’ robe. However, this is not
required for inferior courts

Mode of conducting Civil trial

 1. Where both parties adduce evidence
- In this case, the procedure is done as follows:
o (a) the claimant’s witnesses are examined in chief, cross-examined and re-examined
o (b) the defendant’s witnesses are examined in chief, cross-examined and re-examined
o (c) the defendant’s counsel addresses the court first in final address while the claimant’s
counsel replies
 2. Where only the claimant adduces evidence
- In this case, the procedure is done as follows:
o (a) the claimant’s witnesses are examined in chief, cross-examined and re-examined
o (b) the defendant does not call any witnesses
o (c) the claimant’s counsel addresses the court first in final address while the defendant’s
counsel replies

Evidence
 The evidence in civil litigation are mostly documentary

Conditions for admitting evidence in civil actions

 1. The evidence must be relevant
 2. The evidence must be pleaded
 3. The evidence must be in its prescribed form (public or private documents)
 4. The evidence must not be a privileged communication

Grounds for raising objections in civil actions

 1. Where the document or evidence is not relevant
 2. Where the document or evidence is not pleaded
 3. Where the document or evidence is not in its prescribed form
 4. Where the evidence or document constitute a privileged communication
 Note: once it is successfully raised, the court will mark such evidence as “tendered and rejected”

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CHIMEL’S NOTES
Competency of witnesses
 There are 2 factors that determine the competency of witnesses
- 1. Age capacity
o The age capacity of a competent witness is 14 years and above
- 2. Mental capacity
o This is the ability to give rational answers to questions
o Mental capacity can be affected by one of the following:
 (a) insanity
 (b) extreme old age
 (c) insane delusion
- Note: where a child below 14 possesses mental capacity, having been ascertained by the
court by asking preliminary questions (i.e. questions not connected to the subject matter),
such a child may give unsworn evidence which would require corroboration of a sworn
evidence or documentary evidence

Compellability of witnesses
 All compellable witnesses are competent but not all competent witnesses are compellable. For
example:
- 1. The President and Vice President
- 2. The Governor and Deputy
- 3. Diplomats and their household
- 4. Bankers in respect of bank statement

Mode of compelling witnesses

 1. Witness summons
 This mode is used by both inferior and superior courts e.g. Magistrate court and State High
Court
 2. Subpoena
 This mode is only used by superior courts and there are 3 types of subpoena:
o (a) subpoena ad testificandum:
 This means come and testify or give oral evidence.
 Any witness who is subpoenaed using this mode will be cross-examined
o (b) subpoena duces tecum
 This means come and tender documents
 Any witness who is subpoenaed using this mode will not be cross-examined
o (c) subpoena ad testificandum et duces tecum
 This is the combination of oral evidence and tendering documents
 Any witness who is subpoenaed using this mode will be cross-examined

Examination of witnesses
 There are 3 stages in the examination of witnesses

1. Examination in chief
 This is the examination of a witness by his or her counsel
 How to conduct examination in chief

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CHIMEL’S NOTES
 - 1. Can you tell this court your name, address and occupation?
- 2. Do you remember making a witness statement on oath before this court?
- 3. How can you identify the witness statement on oath?
- 4. Is this the witness statement of oath you have identified?
- 5. What do you intend the court to do with the witness statement of oath?
- Note: the witness is to respond by saying “I adopt the statement of oath as my evidence in
chief” and where the witness does not know what to say, the counsel is to direct him
- Note: can be asked in exam: in 4 or 5-numbered paragraph, adopt the witness statement of
oath or conduct the examination in chief. (remember that in civil litigation we have a front-
loading system and everything he wants to say is already in the statement and you just have
to adopt it)
- Note: if you are asked to write 5-paragraphs, start from question 1 but if you’re asked to write
4-paragraphs then start with question 2
 Principles in examination in chief
- 1. leading questions are not allowed
- 2. leading questions may be permitted under the following instances
o (i) introductory matters
o (ii) undisputed matters
o (iii) matters admitted during the pre-trial forum
o (iv) where the witness has been declared hostile
- 3. during examination in chief, counsel is to adopt open questions
- 4. at the close of examination in chief, the adverse party should be given opportunity to cross-
examine the witness

2. Cross-examination
 This is the examination of the witness by the adverse counsel
 Principles in cross-examination
- 1. Leading questions are allowed
- 2. The sky is no longer the limit as the questions must be relevant to the subject matter
- 3. The questions should not be scandalous, vexatious or injurious unless the subject matter is
scandalous in nature
- 4. During this stage, the counsel is to adopt closed questions
- 5. Cross-examination is not mandatory

3. Re-examination
 This is the second examination done by the witness’ counsel (i.e. whoever conducts the
examination in chief conducts the re-examination)
 Purpose of re-examination
- 1. To clear doubts arising during cross examination
- 2. To tackle new issues raised
 The same principles of examination in chief applies to this stage

Documentary evidence
 1. Public documents
- These are documents issued by government or its agencies in their official capacities
- Note: public documents also include private documents kept in the custody of government
institution (i.e. a document can be public either by way of issuing authority or by custody)

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CHIMEL’S NOTES
 - E.g. if you write a book, it is a private document, but if it is found in the public library then it’ll
be a public document
 2. Private documents
- Any document other than public becomes private

How to prove documentary evidence

 1. Primary evidence
- This means original copy of the document or counterpart copy which is signed by the parties
- While proving primary evidence, you need not lay proper foundation
 2. Secondary evidence
- These are duplicate copies of the original, photocopies or counterpart copies which are not
signed by the parties
- If the document is public, secondary evidence will only be admitted after it has been certified
(certified true copy)
- A public document is duly certified where it contains the following:
o (a) the name of the issuing authority
o (b) the capacity of the issuing authority
o (c) the signature and seal of the issuing authority
o (d) the date of issue
o (e) evidence of payment of certified fee
o Note: if the applicant for the CTC is a government agency, he need not pay certification
fee.
- However, for private documents of a secondary evidence, it will only be admitted upon laying
proper foundation
- Proper foundation is laid as follows:
o (a) Do you remember entering an agreement with the adverse party?
o (b) How can you identify the agreement?
o (c) Is this the agreement you have identified?
o (d) Where is the original copy?
o (e) What do you intend the court to do with the agreement
o Note: The proper foundation question alone is “where is the original document?” (but
we’ve written down the others because in exams they can ask you “in 4-numbered
paragraph lay down the proper foundation” or “In 1-numbered paragraph…”)
o Note: in summary, proper foundation simply means telling the court why the original
document cannot be presented
 3. Computer-generated evidence
- There are 2 ways of proving computer-generated evidence
o (a) by laying of proper foundation
 Where the device is being controlled by the operator, and the operator is to adduce
evidence, he must lay proper foundation
 In laying proper foundation, the operator must state the following:
 (i) that the document was produced from the device in its regular use
 (ii) the document was printed from the device in its ordinary course of business
 (iii) the device is in good working condition
* (iv) the device was operated by the operator
o (b) by certification
 Anybody other than the operator of the device will require certification

Venue of tendering documents

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CHIMEL’S NOTES
 Documentary evidence can be tendered from 2 places:
- 1. From the bar
- 2. From the witness box
 The following documents are tendered from the bar:
- (a) public documents
- (b) private documents in government institutions
- (c) private documents in the government’s official gazette
- (d) private documents that are undisputed
- (e) private documents admitted during the pre-trial forums (CMC or PTC)
 The documents tendered from the witness box are private documents and these documents are
tendered as follows (How to tender documentary evidence):
- (a) Do you remember entering an agreement with the adverse party?
- (b) Can you identify the agreement?
- (c) Is this the document you have identified?
- (d) What do you intend the court to do with this document?

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CHIMEL’S NOTES
 FINAL ADDRESS
 Final address is also known as closing address
 The timeframe to file the final address is within 21 days after the close of hearing
 Reply to final address is also within 21 days
 Note: if the reply is on point of law, it should be made within 7 days

Who addressed the court first?

 Where both parties adduce evidence: the defendant’s counsel addresses the court first
 Where only the claimant adduces evidence: the claimant should address the court first

JUDGEMENT
 This is the final determination of a suit
 Judgement should be delivered within 90 days after the close of final address

Features of a valid judgement

 1. A valid judgement must be reduced into writing
 2. A valid judgement must be delivered in an open court unless for public safety, public policy,
public morality and custody of infants
 3. A valid judgement should properly evaluate the evidence before it
 4. A valid judgement must be within the scope of the evidence or issue raised
 5. A valid judgement should be delivered within 90 days

Types of judgement
 1. Default judgement
- This judgement is made in default of appearance or filing of pleadings
- This judgement can be set aside by the same court or judge of same court
- Note: you don’t appeal against default judgement what you should do if default judgement is
refused is you can bring a similar application before a judge of the same court to be set aside.
Remember that appeal connotes higher court and set aside is by the same court.
 2. Consent judgement
- These are judgement based on the agreement of the parties
- This agreement is called terms of settlement
- This judgement cannot be set aside. Although, it can be set aside under the following
circumstances:
o (a) fraud
o (b) misrepresentation
- This judgement cannot be appealed against. Unless with the leave of court
o Note exam q: What is the precondition requirement before you can appeal against a
consent judge? = obtain leave of court
 3. Final judgement
- This judgement determines the suit and the effect of this judgement are as follows:
o (a) the court becomes functus officio

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CHIMEL’S NOTES
 o (b) the case becomes res judicata
o (c) if the judgement is executory, the parties will be called judgement creditor and
judgement debtor
o (d) the appeal should be brought within 3 months
o (e) the appeal becomes as of right

Classification/nature of judgement
 1. Executory judgement
- These are judgements that contain monetary claims and damages
- These judgements are preserved by stay of execution
- This judgement is also enforced as a monetary judgement
 2. Declaratory judgement
- This judgement only asserts the rights of the parties and contains no monetary claim of
damages
- This judgement is preserved by injunction pending appeal
- This judgement cannot be enforced as a money judgement
- E.g. see election petition examples

Terms used in judgement

 1. Striking out
- The term striking out is used whenever there’s a default
- Whenever a case is struck out, it can be relisted when the processes have been regularised
- Striking out = relisting
 2. Dismissal
- Whenever the term dismissal is used, it connotes that the claimant failed to prove his case
and the defendant is entitled to judgement
- A case which is dismissed cannot be relisted, rather, it is subject to appeal
- Dismissal = appeal
 3. Non-suit
- Whenever the term non-suit is used, it means that both claimant and defendant are not
entitled to judgement and they should go home and put their house in order
- Whenever a case is non-suited, it cannot be relisted or appealed against, rather, it will be re-
litigated
- Non-suit = re-litigation
- A case is re-litigated where the matter starts afresh before another judge

Enforcement of judgement
 Judgement are enforced based on the following categories:
 1. Money judgement
- There are 4 option available when enforcing the money judgement
- (a) writ of fi:fa
o This is an application brought by the judgement creditor on motion on notice to attach
and sell the property belonging to the judgement debtor
o The sheriff, while selling the property of the judgment debtor, sells his moveable property
first within 5 days which the order is made
o If the property is perishable in nature, it should be sold earlier than 5 days
o Where the movable property cannot satisfy the debt, the sheriff should now sell the
immovable property within 15 days from the order

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CHIMEL’S NOTES
 o The sale of the immovable property becomes absolute after 21 days and the court will
issue to the purchaser certificate of title
o The sheriff while selling, should not sell the following items:
 (i) the judgement debtor’s beddings
 (ii) his working tools
 (iii) any property less than 10 naira
- (b) garnishee proceedings
o This is an application brought by the judgement creditor by way of motion ex parte to
attach the money the judgement debtor has in the bank
o Parties to garnishee proceedings
 (i) garnishor (judgement creditor)
 (ii) garnishee (bank or third party)
 Note: judgment debtor is not a party to garnishee (because it is made by motion ex
parte so judgement debtor is not aware) (for MCQ)
o Once the application is granted, the court serves on the bank an order nisi
o Once the bank receives the above processes, it has 2 options:
 (a) pay the judgement debt within 8 days of demand
 (b) give reasons why the debt should not be paid
* Note: where the reasons are unsatisfactory, the court will attach the property of
the bank (the attachment is done by writ of fi:fa)
* On the other hand, where the reasons are satisfactory, the bank will be discharged
from the liability
- (c) judgement summons
o This is an application brought by the judgement creditor directing the judgement debtor
to state his means of livelihood on oath
o Decisions to be made in judgement summons
 (a) order of committal
 (b) an order of instalmental payment
 (c) an order to attach and sell his property
 (d) an order to discharge him once he’s considered a man of straw
- (d) writ of sequestration
o The judgement creditor applies for this under the following circumstances:
 (a) where the judgement debtor is serving his term of committal
 (b) where the judgement debtor is frustrating or absconding the enforcement of
judgement
o Once the application is granted, the court appoints 2 sequenstrators or commissioners to
take possession of the judgement debtor’s property
 Note: this sequenstrator has no right to sell the judgement debtor’s property
 2. Land judgement (mostly declaratory judgement)
- There are 2 options when enforcing the land judgement
- (a) warrant of possession
o This is used to enforce recovery of premises (tenancy agreement)
- (b) writ of possession
o This is used to enforce land disputes such at declaration of title or recovery of land
- Note: the above enforcements will only be made after 14 days of judgement
 3. Local judgement (delivered within Nigeria)
- The local judgement is sub-divided into 2
- (a) interstate judgement

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CHIMEL’S NOTES
 o These are judgements delivered in one state and enforced in another state (e.g. delivered
in Edo and served in Kano)
o These judgements are enforced by obtaining certificate of judgement accompanied by an
affidavit to be served on the enforcing court
o Once the court receives the above documents, it should be entered in a book known as
Nigerian Register of Judgement
- (b) intrastate judgement
o These are judgements delivered within 1 state but to be enforced in different divisions
such as Banana island and Ikorodu
o This judgement is enforced by writ of execution
 4. Foreign judgement
- These are judgements delivered abroad e.g. Ghana
- There are 2 ways of enforcing the foreign judgement
- (a) common law procedure
o This is the use of summary judgement or the undefended list procedure
- (b) reciprocal enforcement
o This enforcement is based on treaties between countries e.g. the Commonwealth
- Conditions for enforcing foreign judgement
o (a) the application to enforce foreign judgement should be brought within 6 years else it
becomes statute barred
o (b) the decision must be made by their superior courts
o (c) the decision obtained should be final
o (d) the decision should not be obtained by fraud
- Grounds for setting aside the enforcement of foreign judgement
o (a) If the foreign judgement is against public policy
o (b) if the application to enforce the judgement exceeds 6 years
o (c) if the judgement obtained is not final
o (d) if the final judgement is obtained by fraud
o (e) if the judgement is made by their inferior courts

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CHIMEL’S NOTES
 APPLICATIONS PENDING APPEAL
Applications pending appeal
 These are applications made to preserve judgement pending appeal
 There are 3 types of applications pending appeal
- 1. Stay of proceedings
- 2. Stay of execution
- 3. Injunction pending appeal

Stay of proceedings
 This application is used pending trial. i.e. when an appeal is made pending trial, the proceedings
at trial are preserved by stay of proceedings. So, trial must still be ongoing.
 The application for stay of proceedings is by motion on notice supported by an affidavit and a
written address. Filed at the Trial Court.
 Where the trial court refuses the application, a similar application should be brought at the Court
of Appeal accompanied by the following documents:
- (a) a copy of a court order refusing the application
- (b) a notice of appeal

Stay of execution
 This application is made after judgement
 This application is to preserve executory judgement
 The stay of execution is brought by motion on notice supported by an affidavit and it is filed at
the trial court
 Where the trial court refuses the application, similar application should be brought to the court of
appeal by filing the following documents:
- (a) a copy of a court order refusing the application
- (b) a notice of appeal

Injunctions pending appeal

 This application to preserve the following decisions:
- (a) declaratory judgement
- (b) dismissal
 The application is by motion on notice supported by affidavit and filed at the trial court
 Where the trial court refuses the application, similar application should be brought to the court of
appeal by filing the following:
- (a) a copy of a court order refusing the application
- (b) a notice of appeal

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CHIMEL’S NOTES
 APPEAL
 Appeal is an application brought by a party who is dissatisfied with the decision of the trial court

Parties to appeal
 In civil trial, the parties to appeal are:
- 1. Those involved during trial
- 2. Interested parties not involved in trial
 Note: the parties to appeal are described as appellant and respondent
 Note: for the sake of the bar exams, appeal shall be from the High Court to the Court of Appeal

Timeframe to file appeal

 Appeal from Magistrate to High Court: should be brought within 30 days
 Appeal from High Court to Court of Appeal: within 3 months
 Appeal from Court of Appeal to Supreme Court: within 3 months
 Interlocutory appeal: within 14 days

Types of appeal
 1. Appeal as of right
 2. Appeal with leave

Appeal as of right
 The appellant appeals as of right under the following circumstances:
- 1. Final decision from the High Court (State or Federal)
o Note: where the High Court makes a ruling that it lacks jurisdiction, it becomes a final
decision
- 2. Issues on point of law only!
- 3. Interpretation of the constitution
- 4. Enforcement of fundamental right
- 5. Custody of infants
- 6. Decree nisi in matrimonial causes not yet made absolute

Appeal with leave

 The appellant brings an appeal with leave under the following circumstances:
- 1. Final decision from the Magistrate Court (double appeal)
o In this case, the High Court sits in an appellate jurisdiction
- 2. Mixed law and facts
- 3. Consent judgement (term of settlement)
- 4. Interlocutory appeal (appeal brought during trial except on point of law)
- 5. Interested party

Procedure for appeal

 1. Where the appeal is as of right: the appellant files only the notice of appeal at the trial court.
However, Where the appeal is with leave: the appellant files the following documents at the trial
court:
- (a) notice of appeal
- (b) leave to appeal

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CHIMEL’S NOTES
 - Note: at the point of filing the notice of appeal at the trial court, such an appeal is deemed
brought
 2. Once the appeal is deemed brought, the registrar of the trial court is to compile the record of
proceedings for transmission to the Court of Appeal within 60 days. On the other hand, where the
registrar fails to do so, the appellant’s counsel should transmit the record of proceedings to the
Court of Appeal within 30 days
- Note: at the point of transmitting the record of proceedings, the appeal is deemed entered
 3. Once the appeal is deemed entered, the respondent is to file the respondent notice within 30
days if the appeal is as of right and within 15 days if the appeal is with leave

Refusal for appeal with leave

 Whenever the trial court refuses to grant appeal with leave, the appellant’s counsel should bring
similar applications at the Court of Appeal within 15 days by filing the following documents:
- (a) a copy of court order refusing the appeal
- (b) leave to appeal
- (c) notice of appeal

Extension of time in filing appeal

 Application for extension of time can only be filed at the Court of Appeal because it is only the
Court of Appeal that can grant the extension of time
 The application for extension of time at the Court of Appeal is by notice of motion (not motion on
notice!!! Those are for trial not appeal courts) and the prayers to this application depend on the
type of appeal:
- (a) where the appeal is as of right: the prayer to be made is: “an extension of time within
which to file the notice of appeal”
- (b) where the appeal is with leave: the motion should contain 3 prayers (trinity prayers):
o (i) “an extension of time to seek the leave to appeal”
o (ii) “the leave to appeal”
o (iii) “an extension of time within which to file the notice of appeal”

Content of the extension of time

 1. Heading of the court
 2. Reference number (appeal no, motion no)
 3. Parties
 4. Title of the motion
 5. The order by which the motion is brought
 6. The main body
 7. The reliefs (1 prayer or trinity prayer)
 8. Date
 9. Franking
 10. For service on

How to draft the extension of time (where appeal is with leave = trinity prayers)

IN THE COURT OF APPEAL OF NIGERIA

HOLDEN AT LAGOS
APPEAL NO: ______
MOTION NO: _________
BETWEEN:
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CHIMEL’S NOTES
KAYUBA ADA _______________________ APPELLANT
AND
AGRICULTURAL BANK PLC ____________________ RESPONDENT

NOTICE OF MOTION
BROUGHT PURSUANT TO ORDER 6 RULE 1 OF THE COURT OF APPEAL RULES 2021 AND UNDER THE
INHERENT JURISDICTION OF THIS COURT

TAKE NOTICE that this honourable court shall be moved on the ___ day of ____ 20___ at the hour of
9 O’clock in the forenoon or so soon thereafter as counsel to the Appellant may be heard praying this
honourable court for the following reliefs:

(a) An extension of time to seek the leave to appeal

(b) The leave to appeal
(c) An extension of time within which to file the notice of appeal

Dated the 24th day of August 2022

Signed
AB Smart esq
Appellant’s counsel
Lagos
FOR SERVICE ON:
Agricultural Bank plc
Respondent

Brief of argument
 All parties to appeal file the brief of argument
 The brief of argument is usually prepared and filed once the appeal is deemed entered
 There are 3 types of the brief of argument
- 1. Appellant brief
o This brief is filed by the appellant within 45 days after the record has been transmitted
- 2. Respondent brief
o This brief is filed by the respondent within 30 days from service of the appellant brief
- 3. Reply brief
o This brief is filed by the appellant within 14 days after the service of the respondent brief
 Note: the parties will be given 15 minutes to argue their brief of argument
 Note: according to the new Court of Appeal rules, court processes can now be filed electronically
and trial may hold virtually

Content of the brief of argument

 1. Heading of the court
 2. Reference number (appeal no, motion no)
 3. Parties
 4. Title of the brief of argument
 5. The main body
- (a) introduction
- (b) brief statement of facts
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CHIMEL’S NOTES
 - (c) issues for determination
- (d) legal argument
- (e) conclusion
 6. List of authority
- (a) judicial authority
- (b) statutory authority
 7. Date
 8. Franking
 9. For service on

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CHIMEL’S NOTES
 MATRIMONIAL CAUSES
 These are reliefs brought by the petitioner at the State High Court on the following:
- 1. Nullity of void marriage
- 2. Nullity of voidable marriage
- 3. Dissolution of marriage
- 4. Judicial separation
- 5. Restitution of conjugal rights
- 6. Jactitation of marriage

Grounds for nullity of void marriage

 1. Marriage without consent of the spouse
 2. Marriage to an underaged person
 3. Marriage to person of same gender
 4. Marriage that does not comply with the rules of celebration
 5. Marriage to somebody who is already married under the Act

Grounds for nullity of voidable marriage

 1. Where the wife is already pregnant for another man before the marriage
 2. Where either of the spouse is suffering from a deadly or venereal disease
 3. Where either of the spouse is of unsound mind

Grounds for dissolution marriage

 The sole ground for dissolution is that the marriage has broken down irretrievably
 The reasons for the marriage being broken down are as follows:
- 1. Adultery
- 2. Unbecoming behaviour
- 3. Failure to consummate the marriage
- 4. Desertion, etc
 Note: no court should grant dissolution if the marriage is less than 2 years unless the petitioner
seeks the leave of court stating that great hardship will be occasioned if the marriage Is not
broken down

Grounds for Judicial separation

 Where the parties seek dissolution, the court can make a temporary relief of judicial separation
where the spouses are to live under different roofs but all rights are still preserved
 This relief does not bar the dissolution of marriage

Grounds for restitution of conjugal rights

 The party seeking restitution must be sincere in his application
 His sincerity can be deduced by a love letter written to the spouse

Grounds for Jactitation of marriage

 The petitioner seeking this relief must state that no marriage exists between the parties. Hence,
there is no presumption of marriage
 The essence of this application is to prevent a person claiming to be married to another
 For this to be possible, the following conditions must be satisfied:
- 1. The petitioner must state the content of the boast
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CHIMEL’S NOTES
 - 2. The petitioner must state the time and place of boasting
- 3. The petitioner must not have aided the boasting

How to institute matrimonial causes

 Matrimonial causes are instituted by petition accompanied by the following documents:
- 1. Notice of petition
- 2. Verifying affidavit
- 3. Marriage certificate
- 4. Acknowledgement for service
- 5. Certificate of reconciliation, if any
- 6. Discretionary statement, if any
o Note: discretionary statements are served on the judge in cases of adultery and the
content of that statement is for the eyes of the Judge only

Types of suit in matrimonial causes

 Generally, default judgement cannot be granted in matrimonial causes as all matrimonial causes
are set down for hearing
 These suits are divided into 2:
- 1. Defended suit
o In this case, the respondent files answer to petition within 8 days of service thereby
joining issues with the petitioner and the petitioner will file a reply within 14 days
- 2. Undefended suit
o In this case, the respondent did nothing i.e. he did not join issues with the petitioner

Compulsory conference
 The court orders a compulsory conference under the following circumstances
- 1. Maintenance of spouse
- 2. Custody of infants

Decision in matrimonial causes

 The decision in matrimonial causes is called decree nisi
 At this point, this decision can be appealed against as of right
 Although, once the decree nisi has been made absolute after 3 months, it is no longer
appealable

Random facts
 It is only in cases of adultery that both parties are made co-defendants

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CHIMEL’S NOTES
 RECOVERY OF PREMISES
 This is an application brought by the landlord to recover his premises from the tenant. Therefore,
recovery of premises is a relationship between landlord and tenant
 Note: for the purpose of the bar exams, recovery of premises is limited to Lagos and Abuja

Laws regulating recovery of premises

 1. Tenancy Law of Lagos State
- This law applies to the whole of Lagos except from: (a) Apapa, (b) Ikeja, GRA, (c) Ikoyi & (d)
Victoria island
 2. Recovery of Premises Law of Lagos State
- This law applies to the following areas: (a) Apapa, (b) Ikeja, GRA, (c) Ikoyi & (d) Victoria island
 3. Recovery of Premises Act
- This Act applies to the Federal Capital Territory

Types of tenancy
 1. Tenancy at will
- This tenancy is without duration of time and usually arises where the tenancy agreement has
expired with the consent of the landlord
 2. Tenancy at sufferance
- This is also a tenancy without duration of time and arises after the tenancy has expired but
without the consent of the landlord
 3. License
- These are persons who occupy premises based on privilege and without such privilege such an
act will amount to trespass
- E.g. law students on campus hostel
 4. Service tenancy
- This tenancy arises out of employer and employee relationship
- The tenancy is more of an incentive and not part to the job itself
- E.g. law lecturers living on campus
 5. Service occupants
- This also arises as a result of employer and employee relationship
- However, the tenancy is very important in doing the job
- E.g. the security men in a house
- Once his employment is terminated, the tenancy comes to an end

Steps to recover premises

 1. Where the landlord authorises an agent to prepare a notice to quit, there must be a written
authorisation to that effect
 2. The notice to quit is prepared and served on the tenants either personally or substituted
means (not substituted service! That is by leave of court)
 3. Upon the expiration of the tenancy, the tenant will be given owner’s intention to recover
premises which is for 7 days (7 days’ notice)
 4. If the tenant fails to give up possession upon the expiration of 7 days, the landlord should
institute an action before the court

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CHIMEL’S NOTES
Courts with jurisdiction in recovery of premises
 In Lagos the courts with jurisdiction are:
- 1. Magistrate Court (the annual rent value = 10 million and below)
o The action is commenced by claim, an ordinary summons will be served on the tenant
- 2. High Court (annual rent = above 10 million)
o The action will be commenced by writ of summons
 In Abuja the courts with jurisdiction are:
- 1. District court (annual rent = 7 million and below)
o The action is commenced by plaint
- 2. High Court of the FCT (annual rent = above 7 million)
o The action will be commenced by writ of summons

Content of the notice to quit

 1. The name of the landlord of his agents
 2. The name of the tenant
 3. The brief description of the premises
 4. An order to give up possession
 5. The type of tenancy (e.g. yearly tenancy)
 6. The duration of the tenancy (commencement date to determination date)
 7. The signature of the authority issuing the notice to quit
- Note: the above notice is in a letter format

How to draft the notice to quit

 Law school will only give you the date of commencement. You have to make up the other dates
 Any date you write on you write at the bottom of your notice to quit should not be the date of
your exam and should not be less than 6 months’ notice (it must be within the tenancy as well)

AB SMART LAW OFFICE

NO. 3 LAW SCHOOL ROAD, AGBANI, ENUGU
OUR REF: ________________ YOUR REF: ____________

Paul Yusuf
No. 1 law school road
Agbani, Enugu

Dear Sir
NOTICE TO QUIT
I, AB Smart Esq. legal practitioner to your landlord, on his behalf, give you notice to give up
possession of the 2 bedroom flat situate at No. 1 law school road, Agbani, Enugu, and all its
appurtenances of which you hold as a yearly tenant which commenced on the 1st of January 2021
to the 31st of December 2021

Dated this 15th of March 2021

___________________________
AB Smart Esq.
Legal practitioner to your landlord

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CHIMEL’S NOTES
Service of the notice to quit
 Notice to quit can be served on any day in as much as it is not less than 6 months to the
determination of the tenancy (the end of the tenancy)
 To determine the service of the notice to quit you must consider the following:
- 1. Date of commencement of the tenancy
- 2. Duration of the tenancy
 Every yearly tenancy has 2 semesters (6 months each = 12 months), service of the notice to quit
should be done within the first semester.
- Any service done within the 2nd semester is inappropriate. It would only become valid if the
tenancy is to terminate the following year
 Note summary: If the notice done is valid, the termination date will always be constant (do not
count 6 months from the service to determine termination date). Date of service has nothing to
do with the termination date, it only has to do with if the service is valid or not. If the date of
service is not served within the proper time (first semester), the notice is invalid and will only be
valid if it terminates the following year (add one more year to the termination date = e.g. if the
tenancy was to end on the 31st of December 2022 and the notice was served on the 5th of August
2022 then it is invalid and the termination date will now be the 5 th of August 2023)
 Note: the period of service is within the hour of 6am to 6pm, Monday to Saturday

When does tenancy terminate?

 To terminate tenancy, you must first consider the tenancy agreement
 Where the tenancy agreement is silent, you should consider the following factors:
- 1. Commencement date
- 2. Laws regulating the premises
o 1. Tenancy Law of Lagos State
 Applies in Lagos except from: (a) Apapa, (b) Ikeja, GRA, (c) Ikoyi & (d) Victoria island
 According to this, the tenancy terminates on or after the anniversary e.g. if a tenancy
commenced on the 6th of August 2021, it would terminate on the 6 th, 7th, 8th, 9th
respectively of August 2022
o 2. Recovery of Premises Law of Lagos State
 Applies to these Lagos areas: (a) Apapa, (b) Ikeja, GRA, (c) Ikoyi & (d) Victoria island
 The tenancy terminates on the eve of the anniversary. E.g. if a tenancy agreement
commenced on the 27th of April 2021, it would end on the 26th of April 2022
o 3. Recovery of Premises Act
 Applies to the Federal Capital Territory

Remedies available to the landlord

 1. A declaration that he recovers his premises
 2. Claim for arrears of rent and mesne profit
- Arrears of rent is rent paid by the tenant upon default but in this case, he is yet to be served a
notice to quit
- Mesne profit is rent paid by tenant who has defaulted buy has been served notice to quit
which terminates his tenancy

Remedies available to the tenant

 1. A declaration for wrongful ejection
 2. An order of restoration
 3. Claim for general damages

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CHIMEL’S NOTES
 4. Claim for special damages for destruction of property

ELECTION PETITION
 This is a petition made for undue election

Types of election petition

 1. Pre-election matters
- (a) nomination of candidates
- (b) substitution of candidates
- (c) sponsorship of candidates
- (d) party primaries
- The above actions are commenced at the Federal High Court only!
 2. Post-election matters
- (a) disqualification of candidates
- (b) corrupt practices
- (c) that the winner of the election did not get the highest votes
- The court with jurisdiction of the above matters depend on the offices contested for
o (a) Court of Appeal = President and Vice President
o (b) Governorship election tribunal = Governor and Deputy
o (c) National Assembly and the State House of assembly election tribunal = members of the
legislative houses
o (d) Local Government election tribunal = Local Government chairman and his Counsellors
o (e) Area Council election tribunal = Area Council Chairmen and their Counsellors

How to commence election petition

 These are commenced by filing the following documents:
- 1. Petition
- 2. List of witnesses
- 3. Witness statement on oath
- 4. Documents to be relied upon

Parties to election petition

 1. Petitioner
- This is the candidate complaining against the election and his political party
 2. Respondent
- This is the candidate who won the undue election, his political party and the Independent
National Electoral Commission (INEC)

Substitution of parties
 Arises in 2 instances:
 1. In the case of death
- (a) Where a candidate to an election dies after nomination but before the election, the
chairman of INEC shall reschedule the election within 14 days
- (b) Where the candidate dies after the election:
o (i) for the office of the President, Governor, and Area Council Chairman, their second in
command shall take their place and pick a partner/running mate

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CHIMEL’S NOTES
 o (ii) for members of legislative houses, their political party will be given the opportunity to
conduct primaries and present another candidate to the house

 2. In the case of withdrawal

- It will only be validly made if made not later than 90 days to the election date

Disqualification of candidates
 1. If he is a member of secret cult
 2. If he presents fake certificates
 3. If he is an undischarged bankrupt
 4. If he has been convicted of fraud within the last 10 years to the election
 5. If he has been sentenced to death
 6. If he voluntarily accepts the citizenship of another country (President only)
 7. If he has occupied the same position for 2 terms
 8. If he fails to resign from the public services

Procedure for election petition

 1. The petitioner should file his petition within 21 days after the declaration of his results
- Note: this date cannot be extended even by the Supreme Court
 2. The petitioner must pay the filing fees, failing which, his petition will not be accepted
 3. The petitioner should also file security for cost fee
- Where he fails to do so, it may not affect the case but may stand as a stay of proceedings
 4. The respondent is to file a reply within 21 days
 5. The petitioner should reply to the respondent’s notice within 5 days

Decision in election petition

 Election petition must be concluded within 180 days
 Appeal against election petition must be as of right and must be brought within 21 days and the
appeal should complete its decision within 60 days

Appeal in election petition

 Appeal from the National Assembly and the State House of Assembly lies to the Court of Appeal
as its final destination (i.e. no further appeal to Supreme Court)
 Appeal from the Governorship election tribunal lies to the Court of Appeal and further lies to the
Supreme Court
 Appeal from the Court of Appeal (for President and Vice) lies to the Supreme Court as its final
destination

Constitution of election tribunal

 1. Court of Appeal = duly constituted by 3 judges although while interpreting the constitution,
they will be duly constituted by 5 judges
 2. National Assembly and the State House of assembly election tribunal = duly constituted by 2
members
 3. Governorship election tribunal = duly constituted by 2 members

Reliefs/prayer in election petition

 1. That the petitioner be declared the winner
 2. That the election be nullified and a re-run should be ordered
 Note: you can’t make both prayers at the same time
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CHIMEL’S NOTES
Content of an election petition
 1. Heading of the tribunal
 2. Reference number (petition number)
 3. Subject matter
 4. Parties
 5. The title of the petition
 6. The main body
- (a) introductory avertment
- (b) grounds for petition
- (c) facts in support of the petition
- (d) prayers
 7. Date
 8. Franking
 9. For service on
 10. Signature of the legal practitioner or the petitioner himself
 11. Attestation before the secretary of the tribunal

**look for draft

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CHIMEL’S NOTES
 ENFORCEMENT OF FUNDAMENTAL RIGHT
 There are 3 classes of rights known to humans
 1. Natural rights
- These rights are not codified in any laws but are rights that are enjoyed by humans by nature:
- E.g. right to breathe, eat, sleep, reproduce, etc
 2. Human rights
- These are rights that are codified by treaties and convention for better living conditions
- E.g. right to free education, right to good medical facilities, right to good roads, water and
food,
 3. Fundamental rights
- These are rights codified by the Constitution, particularly chapter 4 and the African Charter on
Human and Peoples’ Rights Act

Courts with Jurisdiction in Fundamental Right enforcement

 1. State High Court = where the subject matter is committed by state officers
 2. Federal High Court = where the subject matter is committed by federal agencies (e.g. NAFDAC,
police force, etc)
 3. National Industrial Court = where the subject matter arises from labour issues (e.g. trade
unions)

Rules governing the enforcement of fundamental rights

 1. Fundamental Right Enforcement Procedure Rule 2009
 2. The Federal High Court Rules 2019
 3. The National Industrial Court Rules 2017
 4. The Constitution
 5. The African Charter on Human and Peoples’ Rights Act

How to commence an action for fundamental rights

 Action for fundamental right actions are commenced by originating motion and accompanied by
the following documents:
- 1. Affidavit in support of the application
- 2. Statement in support of the application

Principles in enforcing fundamental right actions

 1. These actions are not affected by statute of limitation
 2. These actions are not affected by locus standi
 3. Only actions arising from chapter 4 of the Constitution and the African Charter can be brought
under this subject matter

Relief in fundamental right action

 1. Order of bail
 2. Order of mandamus
 3. Habeas Corpus
 4. Writ of prohibition
 5. Damages, etc

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CHIMEL’S NOTES
 AREAS OF CONCENTRATION IN THE CIVIL
LITIGATION EXAM
SLOT 1
 Commencement of actions at the High Court
 Parties
 Courts with jurisdiction
 Applications
 Summary judgement
 Injunctions

SLOT 2
 Pre-trial issues
 Pre-trial forums

SLOT 3
 Trial

SLOT 4
 Judgement
 Enforcement of judgement
 Application pending appeal
 Appeal

SLOT 5
 Election petition or Matrimonial causes

SLOT 6
 Recovery of premises or Fundamental right action

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