NIGERIAN LAW SCHOOL 2010 BAR FINALS QUESTIONS AND ANSWERS IN CIVIL LITIGATION
NIGERIAN BAR EXAMINAION-PART II FINAL
CIVIL LTIGATION
THURSDAY, 12TH AUGUST, 2010 TIME: 3 HOURS
INSTRUCTIONS
THIS PAPER IS DIVIDED INTO 2 SECTION AND 2 ANSWER BOOKLETS ARE PROVIDED.
QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER QUESTION FROM EACH SECTION SHOULD BE ATTEMPTED.
QUESTIONS FROM EACH SECTION SHOULD BE ANSWERED ON A SEPARATION ANSWER BOOKLET.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET.
SECTION 1
QUESTION 1
The Government of Lagos State has granted concession to Premium Construction Company Ltd to construct the Lekki-Epe Express way and manage it for fifteen years. The company is empowered to collect toll at different points on the road. The road is now completed and toll gates have been constructed on the road. Collection of the toll is however perceived by the Lekii-Epe Residents Association, an unregistered association of residents of various communities along the road, as illegal. The road was already in existence before the reconstruction and the Association is not aware of any law sanctioning the toll. You are the lawyer to the Association and you are also a member of the Association. The Association does not want its members to pay the toll and wishes that you sue. The Association wants you also to be one of the claimants in the suit.
Now answer the following questions:
a. Assuming that the above facts were presented by your secretary after interviewing the officers of the Association, make a list of five facts (including documents) or information you would need to have or clarify and any line of action you may pursue before you sue, giving reasons why you need the fact or document or information to pursue that line of action
b. Before which court will an action in this matter be commenced and why?
c. Explain the proper parties to this suits
d. Write a short reflective opinion on the suggestion by the Association that you should be one of the claimants in the action.
e. Assuming that you would sue with form 1, complete the attached Appendix 2A & B including the claim part Endorsement. DETACH AND ATTACH APPENDIX 2A & 2B TO YOUR ANSWER BOOKLET.
SECTION 2
In question No1 above, the goal of the Association is to stop the collection of toll on the reconstructed road.
a. Assuming a writ of summons has been issued on the matter, how will you prevent the collection of the toll pending the conclusion of the case in court.
b. Draft the application with the affidavit and all necessary documents for filling.
c. Assuming all the defendants in Question No 1 failed to enter appearance or file a defence within the time required by the rules, Draft the application you will file with the affidavit.
Ben Okagbue Esq. was an associate in the law firm of Star and Associates. Star and Associate acted for Premium Company Limited during the execution of the concession agreement in Question 1 above. He has now set up his own practice and he been briefed by Lekki Residents Association to take up the matter and represent them in court.
Assuming that on the first day Ben appeared in court regarding this matter, another counsel present in court raises an objection to Bens appearance in the case with the aid of relevant authorities, comment on:
a. The propriety of Bens appearance in this case.
b. Right of counsel to raise objection to his appearance.
QUESTION 3
Alhaji Usman Adebayo is a business tycoon at Abubakar Rimi market in the commercial city of Kano. He sells building materials. On the 21st June 2010, he entered into a writen contract with Dan Kano who resides at No. 3 Yakubu Gowon Way, FCT, Abuja for the supply of 100 tonnes of roofing zinc and 50 tonnes or ceiling valued at N10 million and N 6 million respectively.
Dan Kano however made a deposit of N10 million and promised to pay the balance a week later as provided for by clause 5 of the agreement which was signed by the parties. Alhaji Adebayo has delivered the goods. Despite letters of repeated demand by Alhaji Usman Adebayo, Dan Kano refused to pay the balance. AlhajiUsman approached one Success Proud Esq to institute an action in the Abuja High Court to recover the balance outstanding. Mr Success Proud, in the course of interviewing Alhaji Usman Adebayo assured him that he will win the case for him at all cost and that the legal services he renders to his clients are unique as he has an unimpeachable record of tremendous success in his practice.
Success Proud Esq. filed all the necessary processes at the High Court Registry Abuja, FCT. The High Court bailiff on reaching Dan Kanos house at Abuja to effect the service of the processes on him, learnt that he has moved to an unknown address. Therefore, service of the originating process on Dan Kano became abortive.
Answer the following questions:
a. Assuming the case was instituted at the High Court FCT Abuja, draft the application that will enable the plaintiffs counsel to effect services of the originating processes on Dan Kano.
b. Assuming the action was filed in Lagos High Court using Order 11 (Summary Judgment Procedure) List all the documents that must accompany the writ of summons and draft the statement of claim. The statement of claim should not be more than one page.
c. Comment on the conduct of Mr. Success Proud in giving assurance to his client that he will win the case at all cost.
SECTION 2
PLESAE USE ANOTHER BOOKLET FOR THIS SECTION
QUESTION 4 IS COMPUSLORY. ONE OTHER QUESTION FROM THIS SECTION SHOULD BE ATTEMPTED.
QUESTION 4
Chief Teniola Ogbe is the Landlord of a duplex at No. 1 Cole Street in Yaba, Lagos State. He let out the said property to Tunrayo Okon under a yearly tenancy commencing on 1st March, 2012. Turayo has now turned part of the duplex into a mini-mart notwithstanding the covenant to use the premises for residential purposes. Chief Teniola has approached you to take necessary steps to eject Turayo Okon from the said premises.
Answer the following questions:
a. Set out in numbered paragraphs the steps you will take in carrying out the instructions of your client.
b. Draft the necessary notice to determine Turayo Okons tenancy
c. Assuming you had obtained judgement against Turayo Okon at the Magistrate Court but her appeal to the High Court has been allowed since six months ago with the High Court holding that the Magistrates Court did not properly evaluate all the evidence led before time, draft the necessary application for the purpose of commencing a valid appeal against the judgment of the High Court.
d. Formulate one issue determination in the appeal in (c) above.
e. In order to prevent Turayo Okon from vandalizing the premises or subletting same pen ding the outcome of your appeal, which application will you file and where will you file it?
f. Can you as counsel depose to the affidavit in support of the application in (e) above? Explain.
QUESTION 5
Mr. Uche Olowolafe has recently obtained judgement on 30/06/2010 in the High Court of Abuja in the sum of N10 million against Mr. Barakat Jagun. Mr. Jagun has an account with Premier Bank Plc, Wuse Branch in credit to the tune of N25 million. On Mr. Olowolafes discovery of this fact, he is thinking of how to use the money in the bank account of Mr. Jagun to satisfy the judgement sum. Mr. Olowalafe hasa instructed you to attach the funds in the account of Mr. Jagun in Premier Bank Plc.
a. Draft the application including the affidavit
b. What is the order the Court will make upon hearing this application?
c. Upon service of the order on Premier Bank Plc, what process would they need to file if any?
d. Assuming the Court is satisfied that there is money in the account of Mr. Barakat. What order would the Court make?
QUESTION 6
Miss Adaeze is a native of Agbani Community in Enugu State. She lived in this community for the first twenty-one years of her life after which she followed her sister Ngozi to Lagos to seek greener pastures. After spending three years working as shop assistant, she learnt in January 2010 that her mother has become ill in the village and desired that Adaeze comes back home. She obeyed the wishes of her mum.
On return to her village and to her greatest suprises, she discovers that her age pairs are also awaiting her arrival and intend to co-opt her into their Agbani Female Age Grade Society in the community which Adaeze has always dreaded. Adaeze has lived in Lagos for three years and has observed the envied the way her age mates (in Lagos) act in a civilized manner. As a result, she has made a vow never to be a part of the so-called age grade system practiced in her community. A lot of pressure is being threatened that if she falls to join the age grade system, she would be banished totally from Agbani town.
You are a lawyer and the matter has been brought to your attention. You wish to go to court to enforce her fundamental rights. Now answer the question that follows:
a. Draft the motion only for the enforcement of the fundamental human rights.
b. List the supporting documents under the fundamental Rights (Enforcement Procedure Rules 2009)
c. Assuming the Nigerian Bar Association (NBA) intends to challenge the illegality of the Agbani Female Age Grade Society action against Adaeze, what possible objections can be raised to the NBA bringing the action in its name?
d. What would be your answer in view of the provision of the Fundamental Rights (Enforcement Procedure) Rules 2009?
CIVIL LITIGATION
MARKING SCHEME
August 2010
SECTION ONE
QUESTION 1 (a)
Example of facts, documents or information that would be needed or to be clarified are as follows:
i. Address of Premium Construction Company Ltd (PCC): for endorsement on the write and for purpose of service
ii. The concession agreement between the Lagos State Government and PCC Ltd
iii. Clarify if there is a law backing or sanctioning the toll
iv. The judicial division within which the toll gate are located
v. The names and addresses as those to sue as claimants
vi. The proposed amount of the toll
vii. Limitation period
viii. Which court has jurisdiction over the case
ix. Who are the proper parties
x. Issue of locus standi
xi. Possible alternative dispute resolution options (ADR)
(Any 5 of the above)
5 marks
QUESTION 1 (b)
The action will be commenced before the Lagos State High Court. The 1999 Constitution confers general jurisdiction on virtually all matters except those matters in respect of which exclusive jurisdiction have been conferred on any other court. This case does not fall within the exclusive jurisdiction of any other court, it is therefore within the jurisdiction of the State High Court. See sections 251 & 272 of the Constitution; Onuorah v KRPC; Association of Electricity Workers of Nigeria V Bureau of Public Enterprises.
3 marks
QUESTION 1 (c)
The proper parties in this case are:
i. Representatives of the Resident Association as claimants. This is because the association itself is not a juristic person and can only sue through its representatives
ii. Attorney-General of Lagos State and Premium Construction Company Ltd as defendants. This is because the A-G is the proper party in actions involving the state and the company is a juristic person having distinct legal personality.
4 marks
QUESTION 1 (d)
As a member of the Association I have a common interest in the subject matter of the suit and can validly be one of the claimants in the case though I can appear in person for myself. See fawehinmi v NBA.
4 marks
IN THE HIGH COURT OF LAGOS STATE
THE LOGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
1 mark
Suit No
BETWEEN
MR. A
.
MRS
(FOR THEMSELVES AND AS R EPRESENTATIVES OF THE CLAIMANTS
LEKKI-EPE RESENDENTS ASSOCIATION)
AND
1. PREMIUM CONTRUCTION LTD DEFENDANAT
2. ATTORNEY-GENERAL OF LAGOS STATE
2 marks
TO:
1. PREMIUM CONSTRCUTION LTD of
.Lagos
2. ATTORNEY-GENERAL OF LAGOS STATE of Lagos State Ministry of Justice, Ikeja, Lagos.
2 marks
You are hereby commanded that within Forty two days after the service of this write on you, inclusive of the day of such service, you do cause on appearance to be entered for you in and action at the suit of the above name plaintiff, and take notice that in default of your so doing the plaintiff may proceed therein and judgement may be given in your absence.
1 mark
Dated this
day of
..2010
Registrar
Memorandum to be subscribed on the write
This write is to be served within six calendar months from the date thereof, or if renewed, within three calendar months from the date of the last renewal the day of such date and not afterwards.
The defendant may enter appearance personally or by illegal practitioner either by handing in the appropriate forms, dully completed at the Registry of the High Court of the Judicial Division in which the action is brought or by sending them to the registry by registered post.
The claimant claims against the defendants:
1. A declaration that the decision of the defendants to construct toll gates and collect tolls on the Lekki-Epe Expression way is illegal
2. An Order of mandatory injunction compelling the defendants to remove the tollgate already constructed on the Lekki-Epe Express way
3. An Order of perpetual injunction restraining the defendants their agents and privies from demanding or collecting tolls on the Lekki-Epe Express way.
3 marks
This write was issue by MR. Y
of Y & Co, whose address for services is
Lagos agent for the Claimant, whose address for services is c/o his Counsel, Y & Co, of Lagos 1 mark
This write was served by me dt
..on the defendant
(here insert mode of service) by me at
day of
.200 endorsed the
day of
..2010
(Signed)
.
Address
.
The Registry, High Court of Lagos State
In the
.Judicial Division
A sufficient affidavit in verification of the endorsement on this write to authorize the sealing thereof had been produced to me this
. Day of
2010
..
Registrar
NOTE TO THE EXAMINER
1. The name(s) of the claimant(s) representative(s), address of PCC Ltd, name and address of counsel will be supplied by the students and will therefore vary
2. The emphasis should be on the substance and not wording of the claims as the wording may vary
QUESTION 2 (a)
In order to prevent the collection of the toll pending the conclusion of the case in court, the claimant should file an application (ie) motion for interlocutory injunction which must be supported with an affidavit. 1/2 mark
QUESTION 2 (b)
IN THE HIGH COURT LAGOS STATE OF NIGERIA
IN THE LAGOS JUFICIAL DIVISION HOLDEN AT LAGOS
HOLDEN AT LAGOS ½ MARK
SUIT No.
.
BETWEEN:
1. MR AB
.
2. MRS CD
. CLAIMNAT/APPLICANTS
(Suing for themselves and as Representatives of
Lekki-Epe Residents Association)
AND
1. PREMIUM CONSTRUCITON COMPANY LTD)
2. ATTORNEY-GENERAL OF LAGOS STATE) DEFENDANT/REPONDENT
½ MARK
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER
..RULE
.. OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2004 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT ½ MARK
TAKE NOTICE THAT this Houourabl Court will be moved on
the
day of
. 2010 at the hour of 9 oclock in the forenoon or so soon thereafter as Counsel for the Claimant/Applicants may be heard on behalf of the claimants/applicant praying the court for the following orders:
1. An order of interlocutory injunction restraining the Defendants/Respondents from further demanding or collecting to in respect of the Lekki-Epe Express way pending the determination of the substantive suit.
2. And for such further order or other orders as the Honourable Court may deem fit to make in t he circumstances
Dated this 12th day of August 2010 1 mark
..
Charles Obi, Esq.,
Claimant/Applicants Counsel,
20 XYZ Crescent,
Victoria Island, Lagos
Address for Services:
1st Defendant/Respondent,
C/o its Counsel
No 3 ABC Road,
Ikoyi, Lagos
2nd Defendant /Respondent,
C/o Ministry of Justice,
Alausa, Lagos.
½ mark
Question 2 (B) Contnd.
IN THE HIGH COURT LAGOS STAE OF NIGERIA
THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
½ MARK
BETWEEN:
3. MR AB
.
4. MRS CD
. CLAIMNAT/APPLICANTS
(Suing for themselves and as Representatives of
Lekki-Epe Residents Association)
AND
3. PREMIUM CONSTRUCITON COMPANY LTD)
4. ATTORNEY-GENERAL OF LAGOS STATE) DEFENDANT/REPONDENT
½ MARK
AFFIDAVIT IN SUPPORT OF MOTION
I, Mr A, adult male, Nigerian, Businessman, Chairman of the Lekki-Epe Residents Association, and resident at No. 1 Mangrove Avenue, Lekki-Epe Phase 1, Lagos, do hereby state on oath as follows:
1. That I am the 1st Claimant/Applicant in this suit and as such I am very conversant with the fact of the case.
2. That I depose to t hid affidavit for myself have the authority of the 2nd Claimant/Applicant as well as on the authority of the members of the lekki-epe resident association to depose to the affidavit o their behalf also.
3. That the Lagos State Government granted a concession to the 1st Defendant/Respondent to reconstruct the Lekki-Epe Expressway and manage it and collect tolls from its users for fifteen (15) years
4. That the Lekki-Epe Expressway is and old road that has been in existence since time immemorial and the 1st defendant/respondent merely reconstructed it.
5. The Claimants/Applicant are entitled to the right of free, untaxed movement along the Lekki-Epe Expressway, especially as there is no law authorizing the collection of toll along that road.
6. That the balance of convenience is in favour of the Claimants/Applicants and therefore it is in the interest of justice to grant this application pending the collection of toll along that road.
7. That I give and undertaking to indemnify the Defendants/Respondents in the event that the court grants this application and later finds out that it ought not to have granted it.
8. That I depose to this affidavit solemnly and conscientiously believing the contents to be true, correct and in accordance with the Oaths Acts, 2004
1 mark
..
DEPONENT
SWORN to as the High Court Registry, Lagos
This
..day of
2010
BEFORE ME
.
COMMISIONER FOR OATHS
1 MARKS
QUESTION 2 (B) CONTND.
IN THE HIGH COURT LAGOS STATE OF
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
BETWEEN:
5. MR AB
.
6. MRS CD
. CLAIMNAT/APPLICANTS
(Suing for themselves and as Representatives of
Lekki-Epe Residents Association)
AND
5. PREMIUM CONSTRUCITON COMPANY LTD)
6. ATTORNEY-GENERAL OF LAGOS STATE) DEFENDANT/REPONDENT
½ MARK
WRITEN ADDRESS OF THE CLIMANTS/APPLICANTS
1. INTRODUCTION:
The Claimants are suing for themselves and as representing the members of Lekki-Epe Resident Association. The 1st Defend and the Company registered in Nigeria and a beneficiary of the concession granted by the Lagos State Government in the respect of reconstruction and management of the Lekki-Epe in Lagos State. The 2nd Defendant is the Chief Law Officer of the State Government, and also has the duty of advising and representing the Lagos State Government on issue of Law.
2. Statement of Facts:
The Lekki-Epe Expressway is an old road that has been in existence in Lagos State since time immemorial, the Lagos State Government recently reconstructed it, and granted a concession to the 1st Defendant/Respondent to reconstruct the Lekki-Epe Expressway and mange it and to collect tolls from its users for fifteen (15) years. There is no law authorizing the collection of tolls from the road. The collection of tolls is an unwarranted and unauthorized form of taxation on the road users, including the Claimants, without any enabling law. Also, owing to the heavy traffic on the said road, the collection of tolls has continuously slowed down traffic along that road, resulting in the waste of many hours by the road users
3. Issue for Determination:
Whenever t he Lagos State Government can lawfully authorized 1st Defendant/Respondent (or any other person for that matter) to collect toll (which is a form of taxation) from road users in respect of the Lekki-Epe Express way, without the authority of an enabling law.
4. Argument:
Taxation is a matter that is regulated by law. It cannot be imposed arbitrarily by the the Government or any of its agencies. The imposition of toll fess is a form of taxation, requiring the authority of an enabling law, and in the absence of an enabling law such an imposition tax is unlawful, illegal and unwarranted.
To succeed in an application for injunction, the Claimants/Applicants must satisfy the court of the following, among other things, namely:
a. That they have a right maintainable under the law.
b. That the balance of convenience is their favour, and
c. That they undertake to indemnify the Defenddants/Respondents in the event that the court grants the injunction and later finds out that is sought not to have granted it.
See sodeinde v. Registered Trustees of the Ahmaddiya Movement in islam
The foregoing conditions have been satisfied by the depositions in paragraphs, 5 6 and 7 of the supporting affidavit.
5. Summary and Conclusion:
In view of the foregoing argument, it is submitted that the Cliamants/Applicants are entitled to the grant of injunction in their in the favour retraining the Defendants/Respondents form further demanding or collecting tolls from any person whomsoever in respect of the Lekki/Epe Express way pending the determination of the substantive suit.
Dated this 12th day of August 2010. 1 mark
Charles Obi, Esq,
Claimant/Applicants Counsel,
20 xyz Crescent,
Victory Island, Lagos
Address for Services:
1st Defendant/Respondent,
C/o its Counsel
No 3 ABC Road,
Ikoyi, Lagos
2nd Defendant /Respondent,
C/o Ministry of Justice,
Alausa, Lagos.
½ mark
Question 2 (c)
IN THE HIGH COURT OF LAGOS STATE OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
BETWEEN:
1. MR AB
.
2. MRS CD
. CLAIMNAT/APPLICANTS
(Suing for themselves and as Representatives of
Lekki-Epe Residents Association)
AND
1. PREMIUM CONSTRUCITON COMPANY LTD)
2. ATTORNEY-GENERAL OF LAGOS STATE) DEFENDANT/REPONDENT
½ MARK
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER
..RULE
.. OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2004 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT ½ MARK
TAKE NOTICE THAT this Houourabl Court will be moved on
the
day of
. 2010 at the hour of 9 oclock in the forenoon or so soon thereafter as Counsel for the Claimant/Applicants may be heard on behalf of the claimants/applicant praying the court for the following orders:
1. An order on setting this suit down for hearing.
2. And for such further order or other orders as the Honourable Court may deem fit to make in the circumstances
Dated this 12th day of August 2010
1 mark
..
Charles Obi, Esq.,
Claimant/Applicants Counsel,
20 XYZ Crescent,
Victoria Island, Lagos
Address for Services:
1st Defendant/Respondent,
C/o its Counsel
No 3 ABC Road,
Ikoyi, Lagos
2nd Defendant /Respondent,
C/o Ministry of Justice,
Alausa, Lagos.
IN THE HIGH COURT LAGOS STAE OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
BETWEEN:
1 MR AB
.
2 MRS CD
. CLAIMNAT/APPLICANTS
(Suing for themselves and as Representatives of
Lekki-Epe Residents Association)
AND
1 PREMIUM CONSTRUCITON COMPANY LTD)
2 ATTORNEY-GENERAL OF LAGOS STATE) DEFENDANT/REPONDENT
1 MARK
AFFIDAVIT IN SUPPORT OF MOTION
I, Mr A, adult male, Nigerian, Businessman, Chairman of the Lekki-Epe Residents Association, and resident at No. 1 Mangrove Avenue, Lekki-Epe Phase 1, Lagos, do hereby state on oath as follows:
1. That I am the 1st Claimant/Applicant in this suit and as such I am very conversant with the fact of the case.
2. That I depose to t hid affidavit for myself have the authority of the 2nd Claimant/Applicant as well as on the authority of the members of the lekki-epe resident association to depose to the affidavit o their behalf.
3. That the defendants/Respondent have been dully served with it the processes in this suit and the time for them to enter their appearance and file and serve their defence has lapsed,, yet they are still in default of their appearance and pleading
4. That the claimants/applicants believe that the defendents/respondents have no defence to the action
5. That I depose to this affidavit solemnly and conscientiously believing the contents to be true, correct and in accordance with the Oaths Act, 2004
1 mark
..
DEPONENT
Sworn to at the High Court Registry, Lagos,
This
.day of
2010
BEFORE ME
COMMISIONER FOR OATHS
½ MARK
QUESTION 2C (A)
A lawyer has a duty to disclose to the client all circumstances of his relationship with parties in a matter in which he is appearing as well as to disclose any interest in, or connection with a matter in which he is appearing, where such circumstances might influence the client in the selection fo the lawyer.
Where the client consents after the lawyers full disclosure, then the lawyer can begin to act for such a client.
In the instant case, Ben has a duty to disclose in the above regard, and to obtain the consent of Premium Construction Company.
See Rule 17 of the RPC. ½ MARK
QUESTION 2 C (B)
Under the RPC, it is the duty of every lawyer to report any breach of any of these Rules that comes to his knowledge to the appropriate authorities for necessary disciplinary action
Therefore, the objection by the other counsel was proper if it was raised for the purpose of challenging the interest of Ben discussed in (a) above. See Rule 55 (2) of the RPC.
½ MARK
QUESTION 3 (A)
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO
.
BETWEEN:
ALHAJI USMAN ADEBAYO
..PLAINTFF/APPLICANT
AND
DAN KANO
.DEFENDANT/RESPONDENT 2MARK
MOTION EXPARTE
BROUGHT PURSUANT TO ORDER
RULE
..OF THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY (CIVIL PROCEDURE) RULES
.AND UNDER THE INHERENT JURISDICTION OF THE COURT
TAKE NOTICE THAT this Houourabl Court will be moved on
the
day of
. 2009 at the hour of 9 oclock in the forenoon or so soon thereafter as Counsel for the Plaintiff/Applicants may be heard on behalf of the Plaintiff/Applicant praying the court for the following orders: 2 mark
1. An order granting leave to the Plaintiff/Applicant to serve the processes in the suit to the Defendant/Respondent by substituted means to wit: (eg by posting same on a conspicuous part of the premises: or by publishing same in a national newspaper, eg. The guardian newspaper, etc
2. Such further order or other orders as the Honourable Court may deem fir to make in the circumstances
Dated this
.day of
.2010
..
Success Proud Esq
Plaintiff/Applicants Counsel,
Plot 20 Shagari Way
Wuse, Abuja, FCT
2 MARK
QUESTION 3 (B)
If the action was filled at the Lagos High Court under the Order 11 (Summary Judgment) Procedure, the Write of Summons should be accompanied by the following document
(i) Statement of Claim
(ii) Exhibits which the claimant intends to rely upon
(iii) Depositions of the witness on oath
(iv) Application (ie. motion )for summary judgment
(v) Supporting Affidavit stating claimants grounds for believing that there is no defence to the action
(vi) Written brief In support of the application
(vii) PRE ACTION PROTOCOL FORM ————— See now the High court of lagos (Civil Procedure) Rules, 2012
IN THE HIGH COURT LAGOS STATE OF NIGERIA
IN THE LAGOS/IKEJA DUDICIAL DIVISION
HOLDEN AT LAGOS/IKEJA
BETWEEN: SUIT NO
.
ALHAJI USMAN ADEBAYO
CLAIMANT
AND
DAN KANO
.. DEFENDANT
2 MARK
STATEMENT OF CLAIM
1. The Claimant a businessman dealing on building materials and at all material times he has his business address at
.
2. The defendant is a businessman and all material times he resides at No. 3 Yakubu Gowon Way, FCT, Abuja.
3. The claimant avers that on the 21st day of June, 2010 he entered into a written contract with the defendant for the supply the 10 tons of roofing zinc and 50 tons ceiling valued at N10,000,000.00 and N6,000,000.00 respectively. The said written contract hereby pleaded and will be relied upon at the trial.
4. The claimant further avers that the defendant paid him a deposit sum of N10,000,000.00 leaving an unpaid balance of N6,000,000.00.
5. The claimant has supplied to the defendant all the goods as stipulated in the contract between them which is already pleaded
6. The claimant has written several letters of demand to the defendant for the payment of the outstanding debt, but defendant has refused, neglected and failed t op pay the debt despite the demands. All the letters of demand are hereby plead and t he defendant id hereby notice to produce the originals in Court during the trial.
7. Wherefore the Claimants the following reliefs against the Defendant:
(i) The sum of N6,000,000.00 (six Million Naira) being the outstanding balance of money due and payable by defendant to the Cliamant under the contract between the parties aforesaid
(ii) Interest at the rate of 21% (per cent) per annum on the principal sum with effect from the 22nd day of June 2010 until judgment and thereafter at the rate of 15% per annum until final liquidation
4 mark
Dated t his 12th day of August, 2010
Success Proud, Esq.
Claimants Counsel,
No. 20 Palmgrove Avenue, Lagos.
Address for service
The Defendant,
No. 3 Yakubu Gowon Way
FCT, Abuja.
QUESTION 3 (C)
Under the Rule of Professional Conduct in the Legal Practitioners are prohibited from giving assurance to their client as to their likely successes over case, or as to the justice of their clients cases. Therefore, Mr. Success Prouds assurance that he would win the case at all costs and on the uniqueness of his practice are in breach of the Rules of Professional Conducts.
See Rule 15 (5) of the RPC 1 MARK
SECTION TWO
QUESTION 4 A
1. Obtained written letter of authority form the landlord
2. Terminate the tenancy by serving the tenant with the appropriate notice to quit.
3. If he fails to vacate at the expiration of the notice, serve upon him with notice of owners intention to recover possession, otherwise known as 7 days notice.
4. If he still fails an action will be commenced in court by issuing an appropriate write.
3 mark
QUESTION 4 B
To Tunrayo Okon
No 1 Cole Street
Yaba, Lagos 1 mark
NOTICE TO QUIT ½ Mark
1,
Solictor to chief Teniola Ogba your landlord and on his behalf do hereby give you notice to quit and deliver up possession of the duplex and appurtenances situation at No 1 Cole Street , Yaba, Lagos, which you hold of the said landlord under a yearly tenancy on or before the 28th day of February 2011.
3 marks
Dated this 12th day of August, 2010 ½ Mark
signed
..
Solicitor to Landlord
1 mark
QUESTION 4 C
IN THE COURT OF APPEAL
HOLDEN AT LAGOS
½ Mark
SUIT NO ½ MARK
BETWEEN
CHIEF TENIOLA OGBA
APPELANT/APPLICANT
AND
TUNRAYO OKON
DEFENDANT/RESPONDENT ½ MARK
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER
..RULE
.. OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2004 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT ½ MARK
TAKE NOTICE THAT this Houourabl Court will be moved on
the
day of
. 2010 at the hour of 9 oclock in the forenoon or so soon thereafter as Counsel may be heard for the following orders:
1. an order extending the time within which the appellant/applicant may apply for leave to appeal against the decision of the High Court in this case.
2. An order granting leave to the appellant/applicant to appeal against the decision of the High Court in this case
3. And order extending the time within which the appellant/applicant may appeal against the decision.
4. And for such further or other orders that this honourable court may deem fit to make in the circumstances. 2 marks
Dated
day of
..2010
..
Wale Kogbodoku
Applicants Counsel
W.K and Associates
14 Simpson Street
Obalende, Lagos
For service on
The Respondent, Tunrayo Okon
c/o her counsel. messrs
.
Lagos 1 mark
IN THE COURT OF APPEAL
HOLDEN AT LAGOS ½ MARK
SUIT NO ½ MARK
BETWEEN
CHIEF TENIOLA OGBE
. APPELLANT/APPLICANT
AND
TUNRAYO OKON
.. DEFENDANT/RESPONDENT ½ MARK
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE IN SUPPORT OF APPLICANT ½ MARK
I, Teniola Ogba, Nigerian, Male Businessman, of No. 2 Cole Street, Yaba, Lagos, hereby do make oath as state as follows: ½ mark
1. That I am the 1st appellant/Applicant in this suit and as such I am very conversant with the fact of the case.
2. That I cause to write to issue to the defendant/respondent in this matter the Yaba Magistrate Court, sometime in January 2009, for the recovery of possession of a duplex at No. 1 Cole Street, Yaba, Lagos. (hereinafter, the said premises)
3. That the judgment was delivered by the Magistrate Court against the defendants/respondent ordering her to vacate the said premise on or before
.2010 but the defendant/respondent appealed to the High Court of Lagos State against the decision
4. That the High Court upheld the appeal of the defendant/respondent in its judgment delivered on
5. That I took ill and was hospital at St. Margaret Hospital, Lagos, from
. To
hence I could not instruct my solicitors Messrs
.. to file and appeal on time against the decision of the High Court. Attached and marked Exhibit A is a copy of my medical report.
6. That I have been informed by Mr Ade Ali of Counsel, whom I verily believe:
a. That the time limited by the Rule to file an appeal herein has elapsed
b. That the grounds of appeal are those of facts, hence leave of court would be needed.
7. That the notice of appeal is now ready and a copy is attached and marked Exhibit B.
8. That I make this affidavit in good faith.
1 mark
Deponent
½ mark
Sworn to at the Court of Appeal Registry,
This
. Day of
..2010 ½ mark
BEFORE ME
COMMISIONER FOR OATHS
½ Mark
QUESTION 4.D
Whether the learned judge in the High Court was right when he held that the magistrate court that tried the case did not consider all the relevant evidence before the court
2 marks
QUESTION 4 E
To prevent Tunrayo Okon form vandalizing the premises or subletting same pending the outcome of the appeal, I will file and application for injunction pending appeal. This may be filed either at the High Court or the Court of Appeal before the appeal is entered. It need not be filed first at the High Court before the same is made at the Court of Appeal, being and order the an order of injunction UBA V. MODE
1 Mark
However, once the appeal is entered then application can only be filed at the Court of Appeal. COKER V. ADEYEMI. The lower court would have ceased to have jurisdiction to entertain interlocutory application in the case COKER V. ADEYEMI
1 mark
QUESTION 4 F
Generally, there is no rule of law preventing counsel from deposing to such affidavit but it is unethical for him to do so. Counsel may be in the embarrassing position of being put into the witnesses and subjected to cross examination. ELABANJO V. TIJANI 2 marks
QUESTION 5 (a)
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
½ Mark
SUIT NO
.
MR, UCHE OLOWOLAFE —————– JUDGMENT CREDITOR/APPLICANT
AND
1. MR. BARAKAT JAGUN
. JUDGMENT DEBOR/RESPODENT
2. PREMIER BANK PLC
. GARNISHEE/RESPONDENT
1 mark
MOTION EX-PARTE
BROUGHT PURSUANT TO ORDER
.. RULE
JUDGMENT ENFORCEMENT RULES AND UNER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE THAT this Houourabl Court will be moved on
the
day of
. 2010 at the hour of 9 oclock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Judgment Creditor/Applicant for:
1. A garnishee order nisi attaching the sum of N10m standing to the credit of the judgment debtor in account No.
..a at the Wuse branch of the Garnishee in satisfaction of the judgment in favour of he judgement creditor/applicant in this case
2. And such other order or orders as the honourable court may deem fit to make in the circumstance of the this case.
2 marks
Dated this day of 2010.
Funmi Ogunjobi
Counsel to the Judgement Creditor/Applicant
Funmi Ogunjobi & Co,
10 Labiz Crescent, Abuja.
1 mark
(total 5 marks)
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
½ MARK
SUIT NO
.
MR. UCHE OLOWOLAFE
JUDGMENT CREDITOR APPLICANT
AND
1. MR. BARAKAT JAGUN JUDGMENT DEBTOR/RESPONDENT
2. PROMIER BANK PLC GARNISHEE/RESPONDENT
1 Mark
AFFIDAVIT IN SUPPORT
½ mark
I, Uche Olowolafe, male, Christian, Nigerian Citizen, Business of No.
.Abuja, hereby make oath and state a follows: ½ mark
1. That I am the judgment creditor in this case and by virtue of this position I am familiar with the facts of the case
2. That on 30/06/2013, final judgment was entered in my favour in this case against the judgment debtor for the sum of N10m
3. That till date, the judgment has remained unsatisfied
4. That the judgment debtor has the sum of N25m in his account no
.. at the Wuse Branch of the Garnishee
5. That the above sum is more than sufficient to satisfy the judgment
6. That I verily believe that is is in the interest of Justice that the amount of N10m out of the sum standing to the credit of the judgment debtor as stated in paragraph 4 above be attached in satisfaction of the judgment in my favour
7. That I depose to this affidavit in good faith believing same to be true and in accordance with the Oath Act.
2 marks
DEPONENT ½ mark
Sworn to at the High Court Registry
FCT High Court, this
day of
2010 ½ mark
Before me
Commissioner for Oath ½ mark
(total 5 marks)
a. Upon hearing the application the court will make a garnishee order nisi. 1 mark
c. The garnishee will need of file an affidavit of return showing the particulars of monies in the account of the judgment debt or with the garnishee. 2 marks
d. The court shall make a garnishee order absolute compelling the payment of the monies in the account of the judgment debtor with the garnishee to the judgment creditor. 2 mark
QUESTION 6
IN THE HIGH COURT OF ENUGU STATE
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU
SUIT NO.
IN THE MATTER OF ENFORCEMENT OF FUNDMENTAL HUMAN RIGHTS
BETWEEN
MRS. ADAEZE
. APPLICANT
AND
MISS . ADOORA
(Sued for herself and is
Representative of Agbani Female Age grade Society)
.. RESPONDENTS
Originating Motion on Notice
Brought pursuant to order 2 Rule 1 of the fundamental Right Enforcement Procedure Rules 2009
And under the inherent Jurisdiction of this Honourable Court
TAKE NOTICE THAT this Houourabl Court will be moved on
the
day of
. 2010 at the hour of 9 oclock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant for the following orders:
1. An order for the enforcement of fundamental right of the applicant to freedom of association by a perpetual injunction restraining the respondents and her privies from harassing, intimidating and blackmailing the applicant on the ground of her refusal to join the Agbani Age grade Society
2. General damages in the sum of one million naira for the infringement of the fundamental human rights of the applicant.
3. AND for such further orders or other orders as this Honourable Court may deem fit to make in the circumstances.
Dated this ..day of ..2010
..
Lolo Amanze
Applicants Solictor
10, Agbani Road
Enugu State.
For service on
The Respondent
Address
Question 6 (b)
The supporting documents are as follows
—- Affidavit
—– Statement setting out the name and description of the applicant, the relief sought, t he grounds upon which the reliefs are sought
—— Exhibits
——- Written address in support of the applicant.
Question 6 (c)
The possible would be that no action for the enforcement of fundamental rights would be struck out for want of locus standi. an applicant for enforcement can be brought on behalf of another person by an association acting in the interest of its members or other individuals or groups.
They will therefore be regarded as the applicants.
Question 6 (d)
Therefore, NBA can commence this action on behalf of Adaeze OR 1 Rule 2 (on definition of applicants) and the preambles 3 (e).
