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24 Oct

2013 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN CIVIL LITIGATION

NIGERIAN BAR FINAL EXAMINATIONS – PART II
CIVIL LITIGATION

THURSDAY, 12TH MAY, 2011 TIME: 3 HOURS

INSTRUCTIONS:

THIS PAPER IS DIVIDED INTO 2 SECTIONS 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 SEPARATE ANSWER BOOKLET.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET

QUESTION 1 (COMPULSORY)

Dr. Molade Titus commenced an action against Mr. Kola Lawal for declaration of title to a piece of land at No. 20, Kolawole Street, Lagos Island Lagos State. Before the street was renamed and renumbered some years ago, the plot was No. 16, Isaac Street, Lagos Island, Lagos State and this is how the plot had beer, described in the statement of claim filed on behalf of Dr. Titus at the Lagos division of the High Court of Lagos State. This was in line with the description of the property in the title documents. It has therefore become necessary to amend paragraph 4 of the statement of claim so that the plot will be described as “No. 20, kolawole Street, Lagos Island, Lagos State, formerly known as No. 16, Isaac Street, Lagos Island, Lagos State’

a. Draft the necessary application for the amendment of paragraph 4 of the statement of claim.
b. i. At what state of the proceedings can the application in (a) above be filed?
ii. Would your answer in (b)(i) above be the same if the case had been instituted in the High Court of the Federal Capital Territory, Abuja? Explain.
c. Assuming the application for amendment was struck out by the Court on three (3) occassions due to the absence of counsel in Court to move it but was eventually granted on the 14th February, 2011 with the court awarding cost of N50,000 to be personally paid by the applicant’s counsel to the dissatisfaction of the applicant and Counsel:
i. Draft the necessary application (without any supporting document) to enable the applicant commence a valid appeal against the order awarding cost.
ii. Comment on the likelihood of success of the appeal.
Ii Assuming the applicant had alread been granted two (2) applications for amendment of his pleading during the trial of the case, comment on this validity of the third application for amendment.

QUESTION 2

Mr. A.M Asukwu filed a writ of summons against Mr. Bassey Okon at the High Court of the Federal Capital Territory, Abuja claiming that he is and still remains the person entitled to the Right of Occupancy granted over plot 2 Aso Drive Cadestral Zone A5 Maitama, Abuja vide Certificate of Occupancy No. FCT/ABU/CO/487 dated 14th December, 1983 and entitled to the peaceful possession and enjoyment of the same.

He also claims a declaration that the defendant’s continued trespass on the land, developments made thereon constitute an unwarranted interference with the plaintiff’s proprietary rights for which the plaintiff is entitled to damages.

The sum of N500,000 (five hundred thousand naira) was claimed as damages for trespass. In the courseof trial, Plaintiff’s Counsel tendered from the bar the Certificate of Occupany in respect of the property. The trial judge rejected the document on the grounds that the Certificate of Occupancy cannot be tendered in evidence from the bar and it was not listed as documents to be relied upon at the trial.

All the 1st, 2nd and 3rd witnesses statements on oath were also rejected by the trial judge upon objection thatwritten statements on aoth were sworn to before the Plaintiff Counsel, who is a Notary Public.

Afterclose of the Plaintiff’s case, the defendant elected to make a No. Case Submission and was put to his election. The trial judge upheld the No. Case Submission and dismissed the Plaintiff’s case judgment was delivered on 2nd October, 2010 and in March 2011, the Plaintiff engaged Mr. Baguada Kano, and Abuja based Legal Practitioner to file an appeal against the judment.
Answer the following questions:
a. What procedure would Mr. Baguada Kano adopt to get the appeal, file and why?
b. Draft the necessary application.
c. List the contents of a Notice of Appeal.
d. Comment on the trial Judge’s decision to reject the Certificate of Occupancy and witnesses statements on oath in evidence.
e. Explain the conditions for granting a No Case Submission in civil trial and the effect on the case.
f. Identify and comment on the professional responsibility of counsel to the plaintiff in the case
g. Assuming before hearing in the case commenced, plaintiff sought an interlocutory injunction against the defendant, explain your grounds for opposing it.

QUESTION 3
Chief Adisa Kosoko let out his 3 bedroom apartment at No. 10 Kosoko Street, Ikeja, Lagos, to Bode Daniel at N600,000 per annum. Bode paid 2 years rent in advance, to cover the period of January 1, 2009 to December 31, 2010. Since then, he has not paid any further rent inspite of his many promises to pay. A clause in the tenancy agreement executed by Chi9ef Kosoko and Bode stipulates that the premises is for residential use only but Bode has converted part of the apartment into a Business Centre and Ýahoo Yahoo Boys’visit it daily. Recently, some operatives of Economic and Financial Crimes Commission (EFCC) swooped down on Bode’s apartment to effect arrest of the Ýahooo Yahoo Boys’following a tip off by other occupants of the premises. Chief Kosoko has consulted your law firm to eject Bode from the premises.
Answer the following question:
a. Outline in numbered paragraphs the steps you will take to evict Bode.
b. Assuming that bode is an employee of Chief Kosoko, occupying the employer’s premises as an incentive, at a highly subsidized rent and his employment has been terminated, will it make any different to your answer in (a) above?
c. Draft a Notice to Quit to terminate Bode’s tenancy.
d. Assuming it becomes necessary to file an action:
i. In which court will you commence the action:?
ii. Assuming that one of the reliefs claimed by you for and on behalf of your client is’mesne profit’, state the particular date when it shall begin to run and the basis for its calculation.
e. What if Bode contends at the hearing that he has no alternative accommodation and so Chief Kosoko is not entitled to recover possession, what will be your reaction?
f. Assuming that this case was assigned to Kunle, a junior Counsel in your law firm who is first cousin to Bode, Comment on its propriety or otherwise

SECTION 2
1. Please use another Answer Booklet for this section.
2. Question 4 is compulsory. One other question from this section should be attempted.
===================================================

QUESTION 4 – COMPULSORY
Fast construction Limited (FCL) is a civil engineering company with its lead office at No. 10 constgruction Avenue Ikoyi Lagos. Sometime in 2009, FCL was contracted by Chief Johnson Adegun, a Lagos business mogul, to construct a new building on the Vacant portion of his property at No. 1 Adegun Street, Victoria Island Lagos for the sum of N35 million. In order to increase its profit, FCL did not use adequate materials to construct the building.

When the building was completed, Chief Adegun use another N15million to furnish the house. E also bought two new Mercedes Benz “S Class”at the cost of N15 million which he parked in the garage of the house.

Barely six months after the construction of the house, it collapsed destroying all the properties inside. Chief Adegun and members of his family managed to escaped with different degree of injuries. He spent another N5 million on medical expenses.

Chief Adegun is in hospital but has executed a power of attorney in favour of his younger brother Dr. James Adegun to commence an action against FCL to recover all financial losses suffered by Chief Adegun so far in addition to N25 million for physical, psychological and emotional trauma suffered by him.
a) Draft a letter (in not more than one page) to FCL in order to explore the possibility of amicable settlement before commencement of action in court.
b) Draft the statement of claim (of not more than ten (10) paragraphs) to be filed in his case).
c) (i) List the other documents that must be filed along with the statement of claim in order to properly commence the action.
(ii) What is the legal consequence of failure to file any of the documents mentioned in (c)(i) above along with the other documents.
d) Assuming the process mentioned in (b) and (c) above were served by Dr. James Adegun himself on a messenger sent by FCL to deliver a letter to the Adegun family, Comment on the validity of such service.
e) Assuming all the original copy of the construction agreement executed by the parties are with FC explain how you will prove the content of the agreement at the trial of the action as counsel to Chief Adegun.

QUESTION 5 (OPTIONAL)
An article was published in People Opinion Newspaper containing words suggesting that Sylvanus Tolu a Customs Officer embezzeled public funds. He sued the writer of the article John and the Newspaper jointly and severally claiming N50 million damages for defamation in the Lagos High Court. His sult succeeded.

Mr. Tolu’s lawyer after the judgment traced Mr. John’s house and found that he had 2 saloon cars plus household furnitures. Mr. John was also the owner of the house where he resided Mr. Tolu also knows that people opinion Newspaper has an account with Zenith Bank with a judgment. He believed that John would be a hindrance if he remained on his client to the Police alleging that John was an armed robber. John was arrested by the Police and on the day he was taken away to the Police station Tolu’s lawyer got bailiffs to levy execution on the properties of John including his 2 cars, house furniture and John’s dressed. The bailiff was accompanied by the lawyer’s clerk Sunday who acted as pointed. On release from Police custody, John wrote a petition to the police against the lawyer’s clerk Sunday for helping the bailiff’s levy execution on his furniture and dresses. The layer’s clerk was detained in Police cell for 2 days before he was granted Police bail.

Answer the following questions:
(a) An a lawyer write an opinion in not more than 2 pages, on all the actions and steps taken by Tolu’s lawyer to realize the judgment debt and how you would have proceeded to realize the judgment debt of N50 million if you were the lawyer to Tolu..
(b) Which item among all the properties of the defendants would have been your best advice to proceed against in the first place?
Draft the application with the affidavit in furtherance of the step you will take to levy execution on the choice.
(c) Tolu’s lawyer’s clerk believes that his fundational right was breached for arresting him in the first place and also detaining him for 2 days. Do you agree with him? Assume you agree, draft the necessary processes to seek redress for him in court.

QUESTION 6
1. Chief Saminaka Jones was the governorship candidate of Mega Renaissance Party of Nigeria (MRPN) in the just concluded April 2011 governorship elections in Zarama State He lost the election by a wide margin to the incumbent Governor of the State and Governorship candidate of powerful party of Nigeria (PPN), Dr. Suleiman Kofo. Mr. Idi Petrers also contested the election on the plaform of Grassroots Party of Nigeria (GPN). Immediately after the election, Independent national Electoral Commission (INEC) announced the results as follows:

Name Total Votes
Dr. Suleiman Kofo (PPN) 400,000
Chief Saminaka Jones (MRPN) 180,000
Mr Idi Peters 20,000
INEC therefore declared Dr. Suleiman Kofo as the winner.
Chief Saminaka Jones has expressed dissatisfaction with the conduct of the elections and intends to challenge the result. He alleged that there were many forms of irregularities and malpractices, some of which are as follows:
i) Cases of many underage voters in many polling centers
ii) Three incidents of ballot box snatching in wards xii and xiii in Okota local Government Area of the state, although the ballot box snatchers were quickly arrested by the Police.
iii) Results from some of the polling units showed that the total number of votes accredited to Dr. Suleiman Kofo was in excess of the number of registered voters in those polling units where there was low voter turnout and apathy following the post Presidential polls violence expreienced earlier.
iv) Campaigning on the day of election by party agents of PPN.
Chief Saminaka has instructed his lawyers to file a petition challenging the result of the election in that it was marred with irregularities and malpractices and that fresh elections should be ordered.
Answer the following questions:
1. What is the proper venue for the presentation of the election petition?
2. Who are the proper parties to the election?
3. On what grounds can an election petition be filed?
4. (a) List the contents of an election petition
(b) Draft the formal parts of the petition to be filed on behalf of Chief Saminaka Jones,k including the prayer clause.
5. What documents should accompany an election petition?
6. What is the legal consequence of failure to pay security for costs in an election petition?

COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
MAY 2011
BAR PART II EXAMINATIONS
CIVIL LITIGATRION MARKING SCHEME
SECTION 1

Question 1

In the High Court of Lagos State
In the Lagos Judicial Dvision
Holden at Lagtos ¼ mk
Suit No: LD/……………1/4 mk
Between
Dr. Molade Titus Claimant/Applicant
And
Mr. Kola Lawal Defendant/Respondent
½ mk

Motion on Notice
Pursuant to Order 24 Rule 1 High Court of Lagos State (Civil Procedure) Rules, 2004 and Under the Inherent Jurisdiction of this Honourable Court ½ mk
TAKE NOTICE that this Honourable Court will be moved on ……………..the ………….day of …………….2011 at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the claimant/applicant for:

1. An order granting leave to the claimant/applicant to amend paragraph 4 of his statement of claim so that the plot of aldn referred to in the paragraph will now be described as “No 20 Kolawole Street, Lagos Island, Lagos State, formerly known as No. 16 Isaac Street, Lagos Island, Lagos State”1 ½ mk
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstances of this case. ¼ mk
Date this ………………………………..day of ………………………………………2011. ¼ mk

______________________
James Danbaba
Rock Solicitors
Counsel to the claimant/applicant
No. 1, Law School Drive
Victoria Island
Lagos. ¼ mk

For Service on
Defendant/Respondent
C/o His Counsel
Star Solicitors
No. 10, Law School Drive
Victoria Island
Lagos. ¼ mk

In the High Court of Lagos State
In the Lagos Judicial Division
Holden at Lagos ¼ mk
Suit No: LD/………….. ¼ mk
Between
Dr. Molade Titus Claimant/Applicant
And
Mr. Kola Lawal Defendant/Respondent ¼ mk

Affidavit in Support of Motion on Notice ¼ mk
I, Dr. Molade Titus, Male, Christian, Nigerian, and Medical Doctor of No 20, Kolawole Street, Lagos Island, Lagos do make oath and state as follows: ¼ mk
1. That I am the claimant/applicant in this case and by virtue of my position, I am familiar with the facts of the case.
2. That in paragraph 4 of the statement of claim filed by me in this case, the plot of land in dispute is referred to as No. 16 Isaac Street, Lagos Island, Lagos because that is how the land has been described in all the relevant title documents.
3. That the plot is now known as No. 20 Kolawole Street, Lagos Island, Lagos State after the street was renamed and renumbered several years ago.
4. That it is necessary to amend the paragraph 4 of the statement of claim in order to reflect the current description of the land in dispute in this case.
5. That I depose to this affidavit in good faith and in accordance with the Oath Act.
2mks
__________________
Deponent ¼ mk

Sworn to at the Registry,
High Court of Lagos State, Lagos
This ……………day of ……………2011 ¼ mk

Before Me.
Commissioner for Oaths ¼ mk

In the High Court of Lagos State
In the Lagos Judicial Division
Holden at Lagos ¼ mk

Suit No: LD/………….. ¼ mk
Between
Dr. Molade Titus Claimant/Applicant
And
Mr. Kola Lawal Defendant/Respondent ¼ mk
Written Address ¼ mk
1. Introduction
This is motion on notice pursuant to Order 24 rule 1 of the Rules for the amendment of the statement of claim. The motion is supported by an affidavit of 5 paragraphs. The claimant/applicant relies on all the paragraphs of the affidavit ¼ mk

2. Facts
The claimant/applicant commenced this action for declaration of title to a plot of land by writ of summons accompanied with statement of claim. In paragraph 4 of the statement of claim, the land in dispute was described as No. 16, Isaac Street, Lagos Island, Lagos State simply because that is how the land was described in the title documents however, after the street was renamed and renumbered, the land is now No. 20, Kolawole Street, Lagos Island, Lagos State. It has now become necessary to amend the statement of claim to reflect the current description of the land. ¼ mk

3. Issue for determination
Whether this is a proper case for the Court to grant amendment of statement of claim? ¼ mk

4. Argument
4.1 Humbly submit that this Court is empowered by the Rules to grant amendment of pleadings. See Order 24 or the High Court of Lagos State (Civil Procedure) Rules 2004.
4.2 Amendment of pleadings is at the discretion of the Court top be exercised judicially and judiciously based on settled principles and for the purpose of determing the real issues in contraversy between the parties and in the interest of substantial justice. See Oguntimehin v Gubere
4.3 In granting or refusing an application for amendment, the Court will take into account the facts and circumstances of each particular case. For this purpose, the claimant/applicant relies on the facts deposed to in apragraphs 2, 3 and 5 of the affidavit in support of this application. 1 mk.

5. Conclusion
Hunmbly urge the Court to grant the amendment sought ¼ mk

6. List of Authorities
A. Cases
1. Oguntimehin v Gubere
B. Statutes and Subsidiary Legislations
1. High Court of Lagos State (Civil Procedure) Rules, 2004, Order 23 rule 1
¼ mk
Dated this……………………………day of ………………………………………….. 2011. ¼ mk

____________________________
James Danbaba
Rock Solicitors
Counsel to the claimant/applicant
No 1, Law School Drive
Victoria Island
Lagos ¼ mk

For Service On
Defendant/Respondent
C/o His counsel
Star Solicitors
No. 10, Law School Drive
Victoria Island
Lagos ¼ mk

1B
i) The application may be filed at any time before the close of pre trial conference and twice during trial but before the applicant closes his case. 2 mks.
ii) My answer would not have been the same. In Abuja, the application for amendment may be filed at any time before judgment. See Order 24 rules 1 & 3 Abuja Rules. 2mks.
1C
(i) In the Court of Appeal
In the Lagos Division
Holden at Lagos ¼ mk
Appeal No:……………………….
Suit No:
¼ mk

Between
Dr. Molade Titus Appellant/Applicant
And
Mr. Kola Lawal Respondent ¼ mk

Motion on Notice
Pursuant to Order 7 of the Court of Appeal Rules, 2007 and Under the Inherent Jurisdiction of this Honourable Court ¼ mk
TAKE NOTICE that this Honourable Court will be moved on…………………………………the ……………………………day of …………………………….2011 at the hour of 9 Oçlock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the applicant for: ¼ mk
1. An order extending the time within which the appellant/applicant amy apply for leave to appeal against the decision of the Lagos State High Court delivered in this case on the 14th February, 2011.
2. An order granting leave to the appellan/applicant to appeal against the decision
3. An order extending the time within which the appelant/applicant may appeal against the decision.
4. Such further or other as this Honourable Court may deem fit to make in the circumstances of this case.

Date this ……………………………day of ……………………………………….2011 ¼ mk

________________________
James Danbaba
Rock Solicitors
Counsel to the claimant/applicant
No 1, Law School Drive
Victoria Island
Lagos ¼ mk

For Service On

Defendant/Respondent
C/o His counsel
Star Solicitors
No. 10, Law School Drive
Victoria Island
Lagos ¼ mk

C(ii) The Court has power to award costs based on the circumstances of each case. The amount to be awarded and by whom it is to be paid are also within the discretion of the Court. The Court also has the power in appropriate cases to order that the cost be paid by Counsel personally where th e cost is occassioned by default of Counsel. Since there was a default which was occassioned by the default of Counsel in this case, the appeal may not succeed . see order 49 Rules 6 & 3 13, Lagos Rules. 2 mks.

C(iii) After the close of pre-trial confernece, a party is allowed to apply for amendment of his pleading only twice during trial and before the close of his case. In this case, the 3rd amendment will not be valid. Order 24 rule 1, Lagos Rules. 2 mks.

Question 2.
A. This is a final decision of a High court Appeal against such decision must be filed within 3 months of delivery of the judgment. The party in this case is seeking to appeal outside the 3 months, there must be an application to the Court of Appeal for exitension of time to file the appeal. S. 24 Court of Appeal Act, LFN, 2004; Akpan v Ekpo, CCB v A-G Anmbra State.
1mk
B.
In the Court of Appeal
In the Abuja Division
Holden at Abuja
Appeal No: …………………………………
Suit No: ……………………………………..
Between
Mr. Ali Musa Asukwu Appellant/Applicant
And
Mr. Bassey Okon Respondent
Motion on Notice
Pursuant to Order 7 Rule 4 Court of Appeal Rules, 2007 and under the Inherent Jurisdiction of this Honourable Court
Take Notice that this Honourable Court will be moved on …………………the ……………..day of …………..2011 at the hour of 9 O’clock in the forenoon or so soon thereafte Counsel may be heard on behalf of the appellant/applicant for:
1. An order extending the time within which to file an appeal against the decision of the High Court of Abuja delivered on 2nd October, 2010.
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstances of this case.
Dated this …………………………………day of…………………………………………2011.
___________________
Mr. Bagauda Kano
Bagauda Kano & Co
No. 15, Maitama Street,
Abuja.

For Service On
Mr. Bassey Okon
No. 1 Aso Drive
Asokoro, Abuja
2 ½ mks

In the Court of Appeal
In the Abuja Division
Holden at Abuja.
Appeal No: ………………………………..
Suit No: …………………………………….

Betweeen
Mr. Ali Musa Asukwu Appellant/Applicant
And
Mr. Bassay Okon Respondent

Affidavit in Support of Motion on Notice for Extension of Time
I, Mr. Ali Musa Asukwu, Male, Christain, Nigerian citizen of No 51, Maitama Street, Abuja do make oath and state as follows:
1. That I am the appellant/applicant in this case and by virtue of my position, I am familiar with the facts of this case.

2. That the High Court of the Federal Capital, Abuja delivered its judgement in this case and dismissed my case on the 2nd October, 2010. A certified copy of the judgment is attached as Éxhibit A’

3. That I am not satisfied with the decision of the High Court and intend to appeal against same but the time to appeal has now expired.

4. That i was unable to appeal against the decision within time due to the fact that I was hospitalised immediately after the judgment at the Abuja General Hospital where I have just been dischargfed. Attached and marked Éxhibit B’is a copy of the medical report issued to me by the hospital.

5. That I have now briefed Mr. Bagauda Kano of Counsel who has prepared a notice of appeal against the judgement. A copy of the notice of appeal is attached as Éxhibit C’
6. That I depose to this affidavit in good faith believing the content to be true and in accordance with the Oath Act.
_____________________
DEPONENT
Sworn to at the Registry
Court of Appeal, Abuja, this ………………….dayof ………………………….2011

BEFORE ME

Commissioner for Oaths 2 ½ mks

C
i) Heading of the Court, suit no, parties and their capacity
ii) Notice containing particulars of the judgment appealed against – date of judgment and name of judge
iii) Part of the decision appealed agains – whether part or whole
iv) Grounds of appeal with particulars
v) Reliefs sought from Court of Appeal
vi) Names and addresses of parties diretly affected by the appeal
vii) Date
viii) Name, signature and address of appellant or his counsel as well as address for service on the respondent.
2 mks.
D Certified copy (CTC) of a public document and original copy of official gazette may be tendered from the Bar. Other documents must be tenmdered through witnessess except where the adverse party agrees to the tendering of the document from the Bar. In this case, the rejection of the C of O by the judge is wrong in the absence of objection from the adverse party. See section 111 & 112 Evidence Act; Agagu v Dawodu, Ogbunyinya v Okudo

Failure to frontload the document does not render it inadmissible as long as it has been properly pleaded. Abuja Rules does not provide for the consequence of not frontloading. The judge was also wrong to reject the C of O on this ground. See Order 4 or 15 and Orders 37 & 38 Abuja

An affidavit shall not be sworn before a Notary Public who is Counsel to the party for whom the affidavit is to be filed otherwise the affidavit shall not be admissible. In this case, the witnesses’statement on oath, having been sworn before the plaintiff’s Counsel, is inadmissible. Section 83 Evidence Act, section 19 Notary Public Act, Bhuari v INEC.

2 mks.
E The conditions for making a no case submission in civil cases are:
(a) If no case has been established in law by the plaintiff
(b) If the evidence led by the plaintiff is so unsatisfactory or unreliable that the court must hold that the burden of prove on the plaintiff has not been discharged.

The effects of a no case submission is civil cases are:
Where the no case submission is upheld, the case of the plaintiff will be simissed.

Where the no case submission fails and defendant has been put to his election when making the no case submission, he will not be allowed to adduce evidence. He will be deemed to have relied on the case of the plaintiff and judgment will be given in favour of the plaintiff.

Where the no case submission fails and the defendant has not been put to his election, he will be allowed to adduce evidence and subsequent address the court, see Ekpanya v Akpan.
2mks

F Professional responsibilities Counsel involved in thhis case are:
I. Diligence in handling of client’s case – rule 14 RPC
Counsel demonstrated lack of diligence and therefore breached this rule in failing to frontload all relevant documents , e.g. the C of O.

II. Adequate preparation for client’s matter – Rule 16 RPC
Counsel also breached this rule in commencing the action without first putting together all relevant documents.

III. Avoidance of conflict of interest and compliance with relevant laws.
Counsel breached these rules by allowing the statement on oath of the witnessess to be sworn before him notwithstanding his interest in the matter and when he knows or ought to know that the law forbids this.

G An order of injunction will not be granted where damages will be adequate compensation for the loss the applicant stands to suffer. The fact that the applicant in this case is claiming a specific sum as damages may be relied upon to oppose the application for interlocutory injunction. It must be noted however, that a claim for damages is not automatic bar against interlocutory injunction. The issue is whether such damages will be adequate compensation for the loss the applicant stands to suffer. Kotoye v. CBN
1mk.

Question 3
A. I. Obtain written letter of authority from the landlord
II. Serve 6 months notice to quit on the tenant – Bode
III. If the tenant does not vacate at the expiration of notice to quit, serve him with 7 days notice if owner’s intention to recover possession.
IV. If he still fails to vacate at the end of 7 days notice, commence an action for recovery of possession before the appropriate court.
2mks
B. Bode would them qualify as a service tenant. On the authority of Chukwuma v SPDC and Nwana v FCDA, he will still be treated as a licence who can be evicted from the premises without service of statutory notices or action in court. The position would therefore be different from (a) above.

However, on the authority of Sule v Nigerian Cotton Board and Oduye v Nigerian Airways Ltd, upon termination of his employment Bode would become a statutory tenant who cannot be evicted without service of statutory notices and action in court where necessary. The position would have been the same as in (a) above.
2mks
C

James Dambaba & Co
Legal Practitioners
No 1, Kosoko Street
Ikeja, Lagos
12th May, 2011. ½ mk
Bode Daniel
10, Kosoko Street
Ikeja, Lagos. ½ mk

Dear Sir,
NOTICE TO OUT
½ mk
I, James Dambaba, Solicitor to chief Adisa Kosoko, your landlord and on his behalf do hereby give you notice to quit and deliver up possession of the duplex and appurtenances at No. 10 Kosoko Street, Ikeja, Lagos, whhich you hold of the landlord under a yearly tenancy on or before December 31st 2011 2 ½ mks

Dated this 12th May, 2011 ½ mk
_______________________
James Dambaba
(Solicitor to the Landlord) ½ mk
D (i) Magistrate Court of Lagos State or High Court of Lagos State
(ii) Mesne profit will begin to run after the expiration of the notice to quit which is 1st January, 2012 and the basis of calculation is the current market value of the premises. 2mks
E Once any of the special grounds contained in Schedule 2 of the Rent Control and Recovery of Residential premises Law No 6 of 1997 is established, the Court or Tribunal is entitled to enter judgment for possession and it will not be necessary for it to be shown that Bode has alternative accommodation. Bode is in arrears of rent for more than 3 months, has breached an experess covenant not to use the premises for non-residential purpose and has consituted a nuisance. It is therefore irrelevant that Bode has no alternative accommodation.
2 mks
F Rule 17(1) & (2) RPC enjoins Counsel to disclose to the client all the circumstances of his relations with the parties. Except with the consent of his client after full disclosure Consel shall not accept a retainer if the exercise of his professional judgment on behalf of his client will or amy reasonably be affected by his own personal interest. Kunle can handle the case provided the client agrees after full disclosure of Kunle’s relationship with Bod. 2 mks.

SECTION 2

QUESTION 4

A
ROCK SOLICITORS & LEGAL PRACTITIONERS
1 LAW SCHOOL AVENUE, LAGOS
e-mail Rocksol @yahoo.com. tel. 08077722200

Our ref. CL/JA/1/2011
Your Ref. Date: 12th May 2011
1 Mark
THE MANAGING DIRECTOR,
FIRST CONSTRUCTION LTD
10 CONSTRUCTION AVENUE
IKOYI, LAGOS
MARK ½

Dear Sir,
BUILDING CONTRACT BETWEEN FIRST CONSTRUCTION LTD AND CHIEF JOHNSON ADAGUN
½ Mark.

We write as solicitor on the instructions of Chief Johnson Adegun of I, Adegun Street Victoria Island, Lagos, who is hereinafter referred to as “öur client”

½ Mark
Our client has briefed us that sometime in 2009, he entered into a contract with your company for the construction of a new building on the vacant portion of his property at No. 1 Adegun Street, Victoria Island, for which he paid to your company the sun of N35 million in total consideration.
We were further informed by our client that although your company carried out the contract by effecting the construction of the said building on our client’s land, the construction was defection and resultantly, the building collapsed barely six months after its construction. The collapse of the building has occassioned serious financial loss with the attendant physical and psychological injuries on our client, some of which include the following:

(a) Cost of the building …………….. N35 million
(b) Cost of furnishing of the house …………….. N15 million
(c) Cost of the 2 cars parked in the house and were
Destroyed at the time of the collapse ……………. N15 million
(d) Medical expenses on our client and several members
of his family who suffered injuries ………………. N5 million
(e) Psychological and emotional trauma……………………. N25 million
Total ………………… N95 million

May we by this letter invite you to our office at the above address for a meeting on the 15th or 16th May 2011 to explore the possibility of an amicable settlement of this matter. Kindly confirm either of the aforementioned dates most convenient for you.

Please take notice that in the even of the failure, refusal or neglect on the part of your company to negotiate and reach an amicable settlement in this matter, we shall have no option that to carry out fully our client’s instructions in this matter, by commencing an action within 14 days from the receipt of this letter to recover the aforesaid sum of 95 million Naira from your company without any further recourse to you. 3 Marks.

Your Faithfully,
Dan Dandebe

For: Rock Chambers & Solicitors
Solicitors to Chief Johnson
Adegun
½ Mark
B
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN IN LAGOS

No…………… Suit……………..
½ Mark
Between
Chief Johnson Adegun
(Suing by his attorney Dr. James Adegun) ………… Claimant

1 ½ Mark
AND
FIRST CONSTRUCTION COMAPNY LTD …………. Defendant
½ Mark
STATEMENT OF CLAIM ½ Mark
1. The claimant is a businessman who resides at 1 Adeogun Street Victoria Island, Lagos and commences this action through his brother and attorney Dr. James Adegun
2. The defendant is a limited liability comapny with its registered office at No. 10 construction Avenue, Ikoyi, Lagos and Carries on the business of civil engineering and building construction.
1Mark
3. Sometime in the year 2009 the claimant and the defendant entered into a contract for the building of a new building “the building”, at the vacant portion of the claimant’s property at no 1 Adegun Street Lagos, at the price of N35 million. Teh claimant shall found on the construction agreement executed by the parties hereto, at the trial of this action.
4. The said building was completed and handed over to the claimant on or around November 2010.
5. Barely six months after its completion and handing over of the claimant, the building collapsed on the 15th April 2011, destroying all the claimant’s properties situated. Within the building and its adjoining premises and causing serious injuries to the claimant and members of the claimant’s family living with him.
1 Mark
6. The claimant avers that the defendant was negligent in the construction of the building.
Particulars of Negligence
a. Not using sufficient or adequate material in the construction of the building.
b. Failure to comply with the relevant building regulations.
c. Failure to observe duty of care in the construction of the building.
1 ½ Marks
7. By the reason of the facts stated above, the claimant suffered loss and damages.

Particulars of special damages
a. Cost of the building N35 million
b. Cost of the cars destroyed in the house N15 million
c. Cost of furnishing the house N15 million
d. Medical expenses on claimant and his family N5 million
1 ½ Marks
Whereof the claimant claims against the defendant:
a. The sum of N70 million as special damages
b. The sum of N25 million as general damages for physical psychological and emotional trauma.
1 Mark
Dated this ………………day of ……………………………………..2011

Dan Danbebe
Rock Chambers & Solicitors
Claimant’s Counsel
1, Law School Drive
Victoria Island, Lagos.

For service
The Defendant
Fast Construction Ltd.
10 Construction Road,
Ikoyi, Lagos. 1Mark

4.(C) (i)
1. Writ of summons
2. List of witnesses to be called at the trial
3. Statement on Oath of the witnesses
4. Coples of documents to be tendered.

O. 3 R 2 Lagos
2 Marks

Question 4 (c) (i)
The legal consequence is that the originating processes shall not be accepted for filing by the registrar

O.3 R 2 Lagos.
2 Marks

Question 4 (d)
Originating processses are required by law to be serve on the defendant by personal service. The serice is to be effected by the sheriff, deputy sheriff or other relevant officer of the court or official process server appointed by the Chief Judge. Personal service on a registered company is effected by delivering of the process on a director, secretary or principal officer of the company or by delivering the process at the registered or principal office of the company.

Therefore service by Johnson Adegun on the clerk will not amount to a valid service of the originating processes.

Order 7 Rules 1,2 & 9 Lagos Rules.

Mark v Eke 2 Marks

Question 4 (e)
Where the original of a document is in possession of the adverse party then the party that seeks to prove the document is erequired to serve a notice to produce, pursuant to section 98 Evidence Act. This is the requisite foundation for the production of the document. Where the original is so produce, the party that seeks to prove the document may tender such original as primary evidence. Otherwise the failure of the adverse party to comply with a notice to produce, provides the basis for the production of any form of secondary evidence in lieu of the original copy.

In the instant case, I will serve a notice to produce the agreement, in which event I will prove the contents of the agreement with the original if it is produced, as the primary evidence. However, upon failure to produce I will prove the contents of the agreement through any form of secondary evidence.

A notice to quit however is not required before proof by secondary evidence where the document in issue is of the nature that the party in possession ought to know that he will be required to produce it.

3 MARKS.

QUESTION 5

A OPINION ON THE STEPS TAKEN BY TOLU’S LAWYER

1. Mr. Tolu’s lawyer traced John’s house and found the following:
a. 2 salon cars
b. Household furniture
c. House
d. Zenith Bank Plx account with N30 millon

This action tracing a judgment debtor’s properties for the purpose of attaching and levying execution against same in order to satisfy the judgment debt is proper

2. Commencement of execution by Mr. Tolu’s lawyer by writing a petition against the judgment debtor, alleging that he is an armed robber and on that basis, the police arrested the judgment debtor.

This action is wrong. It amounts to libel and a breach of the judgment debtor’s fundamental rights. The judgment debtor can sue for enforcement of his fundamental rights. If Tolu’s lawyer finds that ther judgment is a hindrance to his levying execution the proper thing to do is file form 48 and 49.

3. S. 25 of the Sheriff and Civil Process Act provides that wearing appearels cannot be attached for the purpose of levying execution in satisfaction of judgment debt. He is however correct to attach the 2 cars and furniture.
4. It is proper for Sunday, the lawyer’s clerk to act as pointer to the bailiff. His arrest on that ground is a breach of his fundamental right. Tolu’s lawyer could file for breach of his fundamental rights. 2 ½ mks.

The proper steps in ececution of money judgment are as follows:

1. Proceed to attach and levy execution by filing a writ of fifa against the moveable goods of the judgement (except wearing appearels and tools of trade of judgment debtor’s ) see S. 25 SCPA
2. Where the judgment debtor has money in the bank, file a motion ex parte and affidavit by way of garnishee proceedings to bind and attach the funds.
3. If insufficient funds are realized then levying of execution against the immoveable properties, i.e, John’s house.

5B
i. The N30 million in Johns Account at zenith Bank Plc
1 mk
ii
In the High Court of Lagos State
In the Lagos Judicial Division
Holden at Lagos.

Suit No…………………………………..
Between
Sylvanus Tolu Judgment Creditor/Garnishor
And
1. John
2. People Opinion Newspaper Ltd Judgment Debtors
And
Zenith Bank Plc Garnishee

Motion Ex-Parte
Pursuant to Section 83(1) Sheriff and Civil Process Act, Order viii of the Judgment Enforcement Rules and under the Inherent Jurisdiction of the Honourable Court

Take Notice that this Honourable Court will be moved on …………………………………the …………………day of ……………………2011 at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may the heard on behalf of the Judgment Creditor/applicant for:

1. An order Nisi attaching the sum of N30 Million standing to the credit of the Judgment debtors with the Garnishee to satisfy the judgment.
2. Such further or toehr orders as the Honourable Court can make in the circumstances

Dated this…………………………………..day of ……………………………………………………2011

_________________
James Dambaba
Dambaba & Co

Counsel to Judgment Creditor/Applicant
No. 1 Law School Drive
V.I. Lagos.

2mks

In the High Court of Lagos State
In the Lagos Judicial Division
Holden at Lagos.

Suit No…………………………………..
Between
Sylvanus Tolu Judgment Creditor/Garnishor
And
1. John Kayode
2. People Opinion Newspaper Ltd Judgment Debtors
And
Zenith Bank Plc Garnishee

Affidavit in Support
I, Sylvanus Tolu, Male, Christian, Custom Officer, Nigeria Citizen of No. 1, Tolu Drive Surulere, Lagos do make Oath and state as follows:

1. I am the judgment creditor/applicant in this case and I am familiar with the facts of this case.

2. Jugment was delivered in this case on 20th January, 2011 in the sum of N50 million against the judgment debtor.

3. Since the judgment was delivered, the judgment debt has remained totally unsatisfied.

4. I know as fact that the judgment debtor is the holder of account No. A000123 at Zenith Bvank Plc, Victoria Island Branch, No 2 Law School Drive, Victoria Island, Lagos, within jurisdiction of this Honourable Court, which account is in credit to the tune of N30 million.

5. I make this affidavit in good faith, conscientiously believing the content to be true and correct in accordance with Oath Act.

Deponent

Sworn to at the Registry
High Court of Lagos, this ………………………day of ………………………………2011

Before me

Commissioner for Oaths
2mks

5C
i) Yes He did not do anything illegal to warrant his arrest and detention. In the circumstance, his arrest and detention are in breach of constitutionally guaranteed fundamental righs.
1mk

ii)
In the High Court of Lagos State
In the Lagos Judicial Division
Holden at Lagos.

Suit No:…………………..

In the Matter of an Application by Sunday
For the Enforcement of Fundamental Rights

Between
Sunday Ali…………………………………………………….. Applicant
And
1. John Kayode……………………………………… 1st Respondent
2. Commissioner of Police ……………………………………. 2nd Respondent

Motion On Notice
(Pursuant to Order 11 Rules 1 – 5 of The Fundamental Rights (Enforcement Procedure) Rules 2009 And Section 35 of the Constitution of The Federal Republic of Nigeria 1999 As Amended and The Inherent Jurisdiction of the Court)

TAKE NOTICE that this honourable court shall be moved on …..the …..day of …….2011 at the hour of 9 o’clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the applicant praying for the following reliefs.

1. A declaration that the arrest of the applicant by the 2nd respondent on the 1st day of April 2011 on the instigation of the 1st respondent and his detention for 2 days from the 1st day of April to 2nd day of April 2011 on the ground alone that he acted as a bailiff’s pointer in the due execution of a valid and subsisting judgment of court in Suit NO: LD/001/2011, constitutes an infringement of the applicant’s fundamental rights protected by S. 35 of the 1999 Constitution and Article 6 of the African Charter on Human and People’s Rights.

2. An order for the payment of the sum of N2 million damages to the applicant for his illegal and unlawful arrest and detention from the 1st day of April to 2nd April, 2011.

3. A perpetual injunction restraining the Respondents from arresting and detaining the Applicant in respect of this matter.

4. AND for such further or other orders and this honourable court shall deem fit to make in the circumstance.

Dated this ……………………………………day of…………………………………2011

___________________
James Dambaba Esq
Dambaba & Co.
Applicants Counsel
No. 1, Law School Drive
Victoria Island
Laogs.

FOR SERVICE ON:
1. 1st Respondent
John Kayode
No. 1 Kayode Street
Lagos.

2. 2nd Respondent
Commissioner of Police
Police Headquarters
Ikeja, Lagos.
1 mk

\

In the High Court of Lagos State
In the Lagos Judicial Division
Holden at Lagos.

Suit No;…………………

In the Matter of an Application by Sunday
For The Enforcement of Fundamental Rights
Between:
Sunday Ali ……………………………………………………. Applicant
And
1. John Kayode …………………………………………. 1st Respondent
2. Commissioner of Police ………………………………. 2nd Respondent

AFFIDAVIT IN SUPPORT
I, Sunday Ali, make, Christian, Nigerian Citizen, litigation clerk in the office of Dambaba & Co Solicitors & Advocates of No 1 Law School Drive, Victoria Island, Lagos do make Oath and State as follows:

1. I am the applicant in this case, by virtue of which I am conversant with the facts and circumstances of this application.
2. I was illeegally and unlawfullly arrested and detained for 2 days at the Surulere police station, Lagos from the 1st April, 2011 by the agents of the 2nd respondent at the instigation of the 1st respondent, on the ground that I acted as a pointer to the court bailiffs who were carrying out their lawful duty, to wit, attaching and levying execution against the properties of the 1st respondent, a judgment debtor, to satisfy the judgment in Suit No: LD/001/2011, a copy of which judgement is attached here and marked as Exhibit S1.
3. I was not charged to court for any offence by the respondents after my illegal and unlawful arrest.
4. I depose to this affidavit in good faith, conscientiously believing same to be true and correct and in accordance with the Oaths Act.

…………………………..
Deponent
Sworn to at the High Court
Registry, Lagos, this…………day of ……………………..2011

Before Me

Commissioner for Oaths 1mk

In the High Court of Justiceof Lagos State
In the Lagos Judicial Division
Holden at Lagos.

Suit No;…………………

In the Matter of an Application by Sunday
For The Enforcement of Fundamental Rights
Between:
Sunday Ali ……………………………………………………. Applicant
And
1. John Kayode …………………………………………. 1st Respondent
2. Commissioner of Police ………………………………. 2nd Respondent

Statement pursuant to Order 2 Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009

1. NAME AND DESCRIPTION OF APPLICANT
Sunday
Litigation Clerk of XYZ & Co of Suite 1, 1st Floor, XVZ Plaza, XYZ Road, Lagos

2. RELIEFS SOUGHT
i) A declaration that the arrest of the applicant by the 2nd respondent on the 1st day of April 2011 on the instigation of the 1st respondent and his detention for 2 days from the 1st day of April to 2nd day of April 2011 on the ground alone that he acted as a bailiff’s ponter in the due execution of a valid and subsisting judgement of court in Suit No: LD/001/2011, Constitutes an infringement of the applicant’s fundamental right protected by S. 35 of the 1999 Constitution and Article 6 of the African Charter on Human and People’s Rights.

ii) An order for the payment of the sum of N2 million damages to the applicant for his illegal and unlawful arrest and detention from the 1st day of April to 2nd April, 2011.

iii) A perpetual injunction restraining the Respo9ndents from arresting and detaining the Applicant in respect of this matter.

iv) AND for such further or other orders as this honourable court shall deem fit to make in the circumstances.

3. GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT

I. Section 35 of 1999 Constitution and Article 6 of the African Charter on Human and peoples’s Rights guarantee the right to freedom of movement.

II. The applicant was illegally detained by teh 2nd respondent’s agents upon the instigation of the 1st respondent at the Surulere Police State for 2 days from the 1st day of April to the 2nd day of April, 2011 on the grounds only that he acted as pointer to bailiffs carrying out their lawful duty of execution of judgment in suit No. LD/001/2011.

III. The applicant was not charged to court by the responsents for any offence whatsoever

DATED this …………..day of ………………………….2011

________________
James Dambaba Esq
Dambaba & Co.
Applicants Counsel
No. 1, Law School Drive
Victoria Island
Laogs.

FOR SERVICE ON:
1. 1st Respondent
John Kayode
No. 1 Kayode Street
Lagos.

2. 2nd Respondent
Commissioner of Police
Police Headquarters
Ikeja, Lagos.
1 mk

In the High Court of Justice of Lagos State
In the Lagos Judicial Division
Holden at Lagos.

Suit No;…………………

In the Matter of an Application by Sunday
For The Enforcement of Fundamental Rights
Between:
Sunday ……………………………………………………. Applicant
And
1. John Kayode …………………………………………. 1st Respondent
2. Commissioner of Police ………………………………. 2nd Respondent

Written Address

1. Introduction

2. Brief Statement of the facts

3. Issues for determination
(a) Issue 1
(b) Issue 2

4. Argument of issues
(a) Argument on issue 1
(b) Argument on issue 2

(with authorities in support)

5. Conclusion
(a)
(b)
(c)

6. List of Authorities

DATED this ………………………day of ………………….2011.

________________
James Dambaba Esq
Dambaba & Co.
Applicants Counsel
No. 1, Law School Drive
Victoria Island
Laogs.

FOR SERVICE ON:
1. 1st Respondent
John Kayode
No. 1 Kayode Street
Lagos.

2. 2nd Respondent
Commissioner of Police
Police Headquarters
Ikeja, Lagos.
1 mk

QUESTION 6
6(1)

The proper venue is the Governorship Election Tribunal Zarama State

1Mark

6(2)

The proper parties to the elections are:
Chief Saminaka Jones Petitioner
Mega Renaissance Party of Nigeria (M.R.P.N)…. Petitioner
AND
Dr. Suleiman Kofo ….. Respondent
Powerful Party of Nigeri (P.P.N) ….. Respondent
Independent National Electoral Commission INEC ….. Respondent
1mark

6(3)

a) That the person whose election is questioned was at the time of the election not qualified to contest election.
b) That the election was invalid by reason of corrupt practices or non-compliance with the provisions of the electoral law under which the election was held.
c) That the respondent was at the time of the election not duly elected by majority of lawful votes cast at the election
d) That the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.
SECTION 138 (1) (a-d) ELECTORAL ACT 2010

2MARKS

6(4) (a)
a. Name of the Tribunal having jurisdiction
b. The parties
c. Right of the petitioner to present the petition.
d. The holding of the election
e. Scores of the candidates
f. Person declared as the winner
g. Facts and grounds for presentation of the petition.
h. Prayers/Reliefs sought.
i. Signature of the petitioner(s) and solicitor.
j. Address for service.
2 Marks

6(4)(b)
IN THE GOVERNORSHIP ELECTION TRIBUNAL
HOLDEN AT ZARAMA STATE
PETITION NO:…………….

IN THE MATTER OF GOVERNORSHIP ELECTION HELD ON 26TH APRIL, 2011.
1 ½ MARKS
BETWEEN
1. CHIEF SAMINAKA JONES
PETITIONERS

2. MEGA RENAISSANCE PARTY OF NIGERIA
(M.R.P.N)

AND
1. DR. SULEIMAN KOFO
RESPONDENTS
2. POWERFUL PARTY OF NIGERIA (P.P.N)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION
1MARK

PETITION ½ MARK
The Petition of Chief Saminaka Jones of No. 1 Saminaka Avenue, Zarama State whose name is herein subscribed.
1.
2.
3.
Whereof the Petitoner prays as follows:
That it may be determined that the said election was voided by acts and malpractices which violate and breach the provisions of the Electoral Act 2010 and fresh election be ordered.
DATED THIS ………………………..day of …………………………………………….2012

2marks

………………………………………………………..
Baba Alo
Baba Alo & Co
(Petitioner Counsel)
Alo Road, Zarama,
Petitioner address for service
Baba Alo
Bab Alo & Co
1 Alo Road, Zarama
Zarama State

FOR SERVICE ON
1st RESPONDENT
2 ASERA ROAD ZARAMA, ZARAMA STATE

2nd RESPONDENT,
45, RESERVATION ROAD,
ASOKORO
ABUJA.

3rd RESPONDENT
43 MAITAMA ROAD
ABUJA. 1MARK

6(5)
1. List of witnesses
2. Written statement on Oath of witnesses
3. Copies of list of documents to be relied on
1st schedule, S. 4 (5) ELECTORAL ACT

2 MARKS

6(6)

The hearing of such petition must be stayed until the security for costs is paid.

NWOBOD V. ONOH
S. 2(4) ELECTORAL ACT 2010. 1MARK

Isochukwu

Quite eccentric really

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