LOADING...
14 Oct

CIVIL LITIGATION 2019 PAST QUESTIONS AND ANSWERS

CLICK HERE FOR THE FULL MATERIALS FOR ALL YEARS INCLUDING BAR FINALS AND MCQ (2009 to 2020)

                                    NIGERIAN LAW SCHOOL

                                              BWARI – ABUJA

                                 BAR EXAMINATION-PART II FINAL

                                           CIVIL LITIGATION

WEDNESDAY 21ST  AUGUST, 2019                     TIME ALLOWED: 3 HOURS

INSTRUCTIONS:

THIS PAPER IS DIVIDED INTO TWO SECTIONS. TWO ANSWER BOOKLETS ARE PROVIDED. QUESTIONS FORM EACH SECTION SHOULD BE ANSWERED ON A SEPARATE ANSWER BOOKLET. QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER QUESTION FROM EACH SECTION SHOULD BE ATTEMPTED.

WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET.

                                                              SECTION A

 

QUESTION 1 (COMPULSORY)  

Kunle and Tunde Komolafe are business partners carrying on their laptop repair business under the name and style of ” Komolafe Bros”. On January 20, 2019, the partners executed a computer repair service contract with the Council of Legal Education at the Nigerian Law School, Abuja.

The agreement provided for the repair of 150 computers belonging to the School in all the five(5) Campuses and at the Headquarters. The repair was to be effected within Six (6) months of the execution of the contract and the sum of #1,500,000.00 (One Million, Five Hundred Thousand Naira) being consideration for the service shall be paid upon completion of the services. The agreement also provided for the resolution of dispute by mediation and then litigation if mediation fails.

Unfortunately, the brothers were only able to effect repair on 100 out of the 150 computers marked for repairs. They consulted the services of JJD Computer Technicians to access the state of damage of the remaining 50 computers.

The Technicians upon completion of the assessment found that the said 50 computers were irreparably bad.

The partners by a letter dated June 1, 2019 forwarded the report of their repair work to the Council of Legal Education and demanded for the sum of ,#1,500,000.00 (One Million, Five Hundred Thousand Naira) being the consideration for their service.

The Council of Legal Education responded tgr following day deny liability to the tune of #1,500,000.00 and admitting liability of only #1,000,00.00 representing the payment of the computers repaired. The Council equally effected the payment of the said #1,000,000.00 to the designated partnership account of the brothers. Aggrieved, the partners have briefed you to pursue a legal action.

(a) Identify any four (4) preliminary considerations to take before instituting the action on your client’s behalf.

(b) Advise your clients on the first step to take before commencing the action in court.

(c) The partners have heeded your advice and taken the step in (b) above. They are now desirous of commencing the action. State the most expeditious originating process that will be used to commence the action.

(d) In the originating process, the claimants are represented as follows:

Kunle and Tunde Komolafe suing under the name and style of Komolafe Bro…………………………………………………………………………………..Claimant

(e) Prepare a final written address for the claimants.

(f) Assuming that defendants made a counter claim of N500,000.00 (Five Hundred Thousand Naira) which was granted while the main claim was dismissed. Upon levying execution, the only asset available to tgr Sheriff is a motor vehicle belonging to the partnership business. However, one Mr. Cole Ike alleged that the car belongs to him and was only leased to the partners for their business. The partners on the other hand, insist that it belong to them. The Sheriff is unable to ascertain who is really entitled to the vehicle. Advise the Sheriff on what action to take.

(g) Identify any four(4) facts he should aver to in his affidavit in support of the application he makes in this regard.

QUESTION 2

Ayeni Bassey has been a driver to Senator Dambaba for over nine (9) years. Within the said period, Senator Dambaba of No. 1 Broad Street, Lagos has always suspected that Basset was stealing from him. Dambabatgen set a trap for Bassey to go and repair his new Range Rover Sport 2018 Model. Unknown to Bassey, the vehicle was in good condition and actually needed no repairs at all having undergone a comprehensive service check by Coscharis the previous week while Basssey was not around. Basset took the Range Rover to his usual mechanic, Iboza who helped him to remove and sell the auxiliary gear sensors worth #450,000.00 (four hundred and Fifty Thousand Naira). This made the gear selector system to start malfunctioning. Basset then reported to Senator Dambaba that 800,000.00 (Eight Hundred Thousand Naira) was required to repair the gear system. Furious at Bassey’s level of dishonesty, Dambaba unleashed his Rottweiler dogs on Basset and they bit him mercilessly. Having been subdued by the dogs, Dambaba locked Bassey in his garage against the plea of neighbour and Basset”s wife, Mary, has approached you to enforce  Bassey’s fundamental rights.

Answer the following questions:

(a) In which Court would you file this action and why?

(b) Draft only the originating process by which you would commence the action.

(c) List all the supporting process you will require to enforce Bassey’s fundamental rights.

(d) State the likely reliefs you will seek on Bassey’s behalf.

(e) An objection has been raised that Mary is not an appropriate person to apply for the enforce of her husband’s right. Comment on the likelihood of success or otherwise of this objection.

(f) The Respondent had also opposed the application on grounds that the Court lacks jurisdiction to entertain the action because:

(i) Leave of court to enforce fundamental rights was not first sought and obtained.

(ii) There was no verifying affidavit

(iii) That the application cannot be brought against an indic.

Comment on the proprietary or otherwise of the reasons given by the respondent.

(g) If the only reliefs sought in the application was Mary’s right to companionship and conjugal intercourse with her husband, would the Fundamental Right Enforcement Procedure Rules 2009 be applicable? Give reasons for your answer.

(h) Dambaba’s gateman who witnessed the whole incident has refused to attend court to give testimony for fear of losing his job. By what means would you ensure that the gateman comes to give evidence in the action?

(i) Dambaba’s cook who was called as a witness has ignored the call for witnesses in the case to be “out of Court and out of hearing”. The Respondent’s counsel  has raised an objection to yhr competence of the cook to give evidence on grounds of having heard the testimonies of other witnesses. Would this objection succeed? Give reasons for your answer.

QUESTION 3

Chief Benson OLU was 60 years in 2019 and he celebrated it in grand style. He planned an elaborate party to be attended by distinguished guests strictly by invitation. Unknown to him, his son Julius OLU had other ideas of his own. Julius collected two of the invitation cards and invited his friends Samuel Landan and Chu Yung to the party. The attendance of his friends to the party led to events that has now made his father, Chief Benson Olu to file an action at the Federal High Court, ABUJA. Below is the statement of claim filed by the claimant.

 

                             IN THE FEDERAL HIGH COURT OF NIGERIA

                                   IN THE ABUJA JUDICIAL DIVISION

                                                HOLDEN AT ABUJA

                                                                                    SUIT NO. FHC/ABJ/201/19

BETWEEN:

CHIEF BENSONN OLU     …………………………… CLAIMANT

AND

SAMUEL LANDAN)         

CHU  YUNG            )           …………………………….. DEFENDANTS

 

                                          STATEMENT OF CLAIM

(1) The Claimant is a Consultant Cardiologist with the National Hospital, Abuja and resides at No. 5 Aso Drive, Asokoro, Abuja.

(2) The 1st Defendant is an undergraduate of the University of Abuja and resides at No. ,5 Adetokunbo Crescent, Wise II, Abuja.

(3) The 2nd Defendant is the son of the Chinese Ambassador to Nigeria and resides at the Chinese Consulate, Maitama, Abuja.

(4) The Claimant avers that on April 15, 2019, he hosted a birthday party to celebrate his  birthday.

(5) The Claimant avers further that attendance at the party was strictly by invitation.

(6) The Defendants entered the property of the Claimant to attend the party without invitation.

(7) The Claimant States that when the defendant were asked to leave the property, they refused and this led to a brawl.

(8) The Claimant avers that in the course of the altercation, the defendants smashed the windscreen of the claimant’s G-Wagon Mercedes Benz and broke the head lamps

(9) The Claimant States further that it took the intervention of the law enforcement agents to get the defendant off the claimant’s property on the said day.

(10) Whereof the Claimant claims against the defendant jointly and severally as follows:

(a) N50,000,000.00 damages for trespass

(b) N10,000,000.00 special damages for the damage to the claimant’s G-Wagon .

(c) N10,000,000.00  for cost of action.

 

Dated the 5th day of May, 2019.

                                                                                       Taylor Luka & Co.

                                                                             Solicitors and Advocates

                                                                             Plot 15, Adetokunbo Crescent,

                                                                             Wuse II, Abuja.

                                                                             Tel: 080000

                                                                             Email: Taylor. L@yahoo.com

For service on:

1st Defendant

No. 5, Adetokunbo Crescent,

Wuse II, Abuja.

2nd Defendant

Chinese Consulate,

Maitama, Abuja.

 

Study the Statement of Claim and answer the following questions:

(a) Comment on the jurisdiction of the Court to entertain the suit. Give reasons for your answer.

(b) As counsel to the Defendants, what possible objection can you have to the court entertaining the suit against the second Defendant.

(c) Assuming the second Defendant wants his name removed from the suit, what application would you as his counsel make? Draft only the application without the supporting document.

(d) Comment on the proprietary or otherwise of the person who settled the pleading.

(e) Assuming you are the counsel to the defendants, draft your response to paragraphs 6 & 8 of the statement of claim to properly traverse it.

(f) Comment on the claim for special damages and attempt a re-draft of it.

(g) Assuming the  defendant’s counsel is married to Chief Benson’s younger sister, what ethical implication does this throw?

(h) What documents will accompany the originating process filed by the claimant apart from the statement of claim.

 

 

 

                                   SECTION B

PLEASE USE ANOTHER BOOKLET FOR THIS SECTION

_________________________________________________________________________

QUESTION 4 (COMPULSORY)

On 15th November, 2017, Mr. Koko rented his property known as House 24, Gwarinpa Crescent, Ikeja, Lagos, to Mr. Odunsi at an annual rent of N11 million. By the tenancy agreement executed between the parties, it was agreed that the tenant shall use the property fie residential purpose only, that the tenant shall not make any structural repair or effect any alteration on the property without the written consent of the landlord and also that in the event of any breach of these covenants, the tenancy shall be determined by a one month notice to the tenant. Mr. Odunsi paid two tears rent at the beginning of the tenancy and thereafter promptly carried out some alteration on the interior of the house, converting it into a brothel. On discovering these acts of Mr. Odunsi, Mr. Koko issued at one month quit notice and posted same at the door of Mr. Odunsi’s house. At the expiration of the notice, Mr. Koko orally instructed his lawyer, Mr. Omengee to take all necessary steps to recover the premises since Mr. Odunsi has refused to comply with the notice to quit contending that he is entitled to a six months’ notice under the Tenancy Law.

Answer the following questions:

(a) In view of Mr. Odunsi’s contention, comment on the validity of the Notice to Quit issued by his landlord.

(b) Comment on the proprietary or otherwise of the service  of the Notice to Quit.

(c) Itemize the steps Mr. Omengee should take to evict Mr. Odunsi from the premises.

(d) Prepare a notice of owners intention to recover possession to be served on Mr. Odunsi.

(e) Assuming that after serving relevant notices on Mr. Odunsi, he still fails to vacate the premises, state the most appropriate court to institute an action against him for recovery of possession. Give reasons for your answer.

(f) Identify the originating process you will recommend if the case goes to court as in (e) above. Give reasons for your answer.

(g) Comment on the legal implication (if any) of the mode of instruction given to Mr. Omengee by Mr. Koko.

(h) Assuming the original copy of the Tenancy Agreement is lost and counsel intends to tender a photocopy of the Tenancy Agreement at the trial, set out the questions that counsel will put to the witness for the purpose of tendering the photocopy.

 

QUESTION 5

Mr Ayo Ijoba is the senatorial candidate under the auspices of Progress Congress Action Party ( PCAP). Mr. Rilwan Ali the senatorial candidate under the auspices of Nigerian Truth Part (NTP). The senatorial election took place on the 10th of July, 2019 and on that day Chief Ayo Ijoba’s agent with the active connivance of the Resident Electoral  Officer of the Independent National Electoral Commission (INEC) snatched the ballot boxes and voting materials at Sura Central Polling booth in Lagos Island, Lagos State.  The name of Rilwan Ali, the senatorial candidate of the Nigerian Truth Part (NTP) was also  omitted on the ballot papers in polling units. On 11th July, 2019 the INEC declared Chief Ayo Ijoba as the winner of the election with 15,425,000 votes while Mr. Rilwan Ali was said to have 8, 240,000 votes. There were other obvious irregularities at different polling units in the state. Mr. Rilwan Ali is aggrieved and has engaged you as his counsel to challenge the results of the election on grounds of irregularity, corrupt practices and conviction of Chief Ayo Ijoba by the High Court of Lagos State for rge offence of rape of a female youth corper sometime in 2012.

Answer the following questions:

(a) Comment on whether or not Mr. Rilwan Ali has a cause of action  in the matter considering the grounds stated above. Give reasons for your answer.

(b) What is the timeframe for the commencement and conclusion of the whole process

(c) Draft ONLY the originating process by which you will commence the action.

(d) Mr. Rilwan Ali plans to travel to Dubai for a heart surgery and he wants to be away for the next 8 months after the action is filed in court in order to recuperate abroad before he can be able to attend proceedings. He therefore wants you to apply that hearing of the matter be adjourned to April 2020. Advise him on the proprietary or otherwise of doing this.

(e) Assuming Chief Ayo Ijoba is evading personal service of the originating process(es) on him, state the procedure you will use to ensure that service of the originating process(es) are  duly effected on him.

(f) Assuming Mr. Rilwan Ali has just been informed by a whistle blower who is one of the staff of INEC, that INEC with the  connivance of Chief Ayo Ijoba wants to destroy  some of the ballot papers and records relevant to the action. What steps will you take as Mr. Rilwan’s counsel to forestall INEC’s plan as a matter of urgency before the next adjourned date.

(g) Assuming Mr. Rilwan Ali wants to tender the certified true copy of the election results in certain polling units, state the requirements for the admissibility of the certified true copy.

 

 

QUESTION 6

By an agreement dated 1st of January, 2014, Alhaji Daudu leased out his five bedroom duplex situated at 2, Dankwa Street, Wuse, Abuja to Mr. Lulu Kasper at the rate of 5.5 million Naira per annum. It was agreed the property would be used for strictly residential purpose because the area is designated for residential purpose by the Wuse Local Government. Although the nature of the tenancy was not stated in the agreement,  Mr. Lulu Kasper usually paid his rent on the 1st January of each year. He paid his rent regularly for the first three years and thereafter stopped paying because he claimed that his business was no longer going on well and that he had to give up his shop at the Wuse Market since he could not afford to pay his rent anymore. Mr. Lulu Kasper has recently converted part of his residential property into shops where he sells clothes, shoes and bags. This has resulted in too many customers going in and out of the premises, and parking of various cars by  his customers recklessly to the annoyance of other neighbours in the area.  Alhaji Dauda is fed up with Mr. Lulu Kasper and has engaged you as a counsel to recover possession of the premises and all the rent owed from Mr. Lulu Kasper.

 Answer the following questions:

(a) What is the nature of Mr. Lulu Kasper’s tenancy and how can this be discovered in view of the fact that it was not stated in the tenancy agreement?

(b) State the documents that you are required to serve on Mr. Lulu Kasper before you can commence legal action in court to recover possession from him.

(c) Draft the first document that you will serve on him to execute the instruction.

(d) In which court will you commence the action? Give reasons for your answer.

(e) Draft Alhaji Daudu’s witness statement on oath for filing.

(f) Advise Alhaji Daudu on 3 other avenues by which the parties can resolve their disputes amicably without going to court.

(g) State 4 advantages that the ADR mechanisms you have identified above has over litigation.

(f) Assuming the matter goes to trial, in a sequential manner state the questions that Alhaji Daudu’s lawyer will ask him in his examination-in-chief in order to lead him to properly put in his witness statement on oath in (e) above as an evidence before the court.

                                  COUNCIL OF LEGAL EDUCATION

                                          NIGERIAN LAW SCHOOL

                            CIVIL LITIGATION MARKING SCHEME

                                        BAR PART 11 AUGUST  2019

                                    

SECTION A

QUESTION 1—COMPULSORY (25 MKS)

  1. The preliminary considerations I will take into account before commencing the action include the following:
  2. Exhaustion of available remedy
  3. Existence of a Cause of action

iii. Issuance of Pre-action notices.

  1. Limitation of action
  2. Locus standi of the party
  3. Jurisdiction of the court

vii. Parties to the action

viii. ADR

  1. Red judicata

2 MKS for any four

  1. The first step to take before commencing the action in court is to resort to mediation as provided by the contract agreement between the parties.

3 MKS

  1. The most expeditious process that will be used to commence the action is the Writ of Summons and as in Form 1 to the rules. It is the mode of commencing an action under the Summary Judgment Procedure under Order 11 or the Undefended List Procedure. Any of the procedures under the Abuja rules may be resorted to in order to expediously recover the contract sum. Where the Claimant believes that the defendant has no defence to the suit as in the instant case.

Order 11 Rule 1 and Order 35 Rule 1 Abuja, 2018.

Or

Since the outstanding contract sum is within the monetary jurisdiction of the District Court of the Federal Capital Territory, Abuja, which is N5 Million, the most expeditious originating process is to commence the action by plaint and then apply for the issuance of a Default Summons. This is the process used in commencing expeditious actions in the District Court of the Federal Capital Territory, Abuja, for recovery of liquidated monetary sums, where the plaintiff believes that the defendant has no defence to the suit.

See Order 2(b) District Courts ( Increase of Jurisdiction of District Judges) Order 2014 & District Court Rules of the Federal Capital Territory, Abuja.

3 MARKS 

  1. Motion on Notice for Amendment

 

                       IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY

                                    IN THE ABUJA JUDICIAL DIVISION

                                                HOLDEN AT ABUJA

                      (Heading could also be in the District Court of the FCT)

                                                                             SUIT NO: ……………. (¼ MK)

BETWEEN

KUNLE AND TUNDE KOMOLAFE

(Suing under the name and style of Komolafe Bros)………… CLAIMANTS/ APPLICANTS (½ Mk)

AND

COUNCIL OF LEGAL EDUCATION………..DEFENDANT/ RESPONDENT  (½ Mk)

                                             MOTION ON NOTICE

BROUGHT PURSUANT TO ORDER 25 RULE 1 AND RULE 43 OF THE HIGH COURT OF FEDERAL CAPITAL TERRITORY (CIVIL PROCEDURE) RULES 2018 AND UNDER THE INHERENT JURISDICTION OF THIS  COURT.  (½ Mk)

TAKE NOTICE, That this Honourable court will be moved on the  …….. day of…….. 2018 at the hour of 9 ‘O clock in the forenoon or so soon thereafter as the counsel for the Defendant/Applicant will be heard praying this court for the following reliefs:

1) AN ORDER granting leave to the Claimants/Applicants to amend the Writ of Summons in this suit by changing the names of the Claimants, to read:

1) Kunle Komolafe

2) Tunde Komolafe

(Trading under the name and style of Komolafe Bros)—– 3 MARKS

AND FOR SUCH FURTHER OR OTHER  ORDERS as this Honourable Court may deem fit to make in the circumstance.

.

Dated this ____ day of____________ 2019 (½ Mk)

ABC Esq

Counsel to the claimant/ Applicant

ABC & Co.

House No. 2, Nigerian Law School Road,

Bwari,

Abuja (¼ mk)

Phone no: 08033335

Email: dimax@yahoo.com

On Notice to :

Council of Legal Education

Nigerian Law School headquarters

Bwari, Abuja.

OR

C/o XYZ Esq

Respondent’s Counsel

No. 21 Ahmadu Bello Way,

Abuja.

Bwari@yahoo.com

0800000000000

  1. Claimant’s Final Written Address:

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY

                                    IN THE ABUJA JUDICIAL DIVISION

                                                HOLDEN AT ABUJA

                                                                             SUIT NO: ……………. (¼ MK)

BETWEEN

KUNLE AND TUNDE KOMOLAFE

(Trading under the name and style of Komolafe Bros)…………. CLAIMANTS/ APPLICANTS (½ Mk)

AND

COUNCIL OF LEGAL EDUCATION………..DEFENDANT/ RESPONDENT  (½ Mk)

CLAIMANT’S FINAL WRITTEN ADDRESS. 1 MRK

1.0 Introduction

2.0 Brief Statement of facts

3.0 Issue(s) for determination

4.0 Legal Arguments

5.0 Summary/Conclusion

6.0 List of Authorities

½ MARK FOR EACH ( TOTAL 3 MARKS)

Dated this ____ day of____________ 2019 (½ Mk)

ABC Esq

Counsel to the claimant/ Applicant

ABC & Co.

House No. 2, Nigerian Law School Road,

Bwari,

Abuja (¼ mk)

Phone no: 08033335

Email: dimax@yahoo.com

On Notice to :

Council of Legal Education

Nigerian Law School headquarters

Bwari, Abuja.

OR

C/o XYZ Esq

Respondent’s Counsel

No. 21 Ahmadu Bello Way,

Abuja.

Bwari@yahoo.com

0800000000000

  1. My advice to the Sheriff is to commence Sheriff’s interpleader summons for the rival Claimants – the partnership and Mr. Cole to appear in court to state the nature and particulars of their respective claims to the vehicle.

FULL ANSWERS HERE

Isochukwu

Quite eccentric really

Leave a Reply

error: Kindly contact admin
%d bloggers like this: