2014 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN CIVIL LITIGATION
COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
BAR FINAL EXAMINATIONS PART II
CIVIL LITIGATION
WEDNESDAY, MAY 9, 2014 3 HOURS
INSTRUCTIONS
THIS PAPER IS DIVIDED INTO 2 SECTIONS AND 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)
AP Nigeria Limited filed a Writ of Summons dated 15th January, 2012 against BYZ Nigeria Limited at Lagos High Court.
The claim of AP Nigeria Limited is for the sum of N100million and interest on this sum at the rate of 21% per annum from November 2010 until final liquidation of the same.
On being served with the Writ of Summons, BYZ Nigeria Limited brought a motion on Notice dated 12th February, 2012 seeking for an order to set aside the Writ of Summons on the grounds that they resided and carried on business in Makurdi, Benue State and that the contract, the subject matter of the action was executed in Makurdi, Benue State, as a result of which the High Court of Lagos State lacked the requisite jurisdiction to entertain the suit. They contended further that the Writ of Summons did not comply with Section 97 of the Sheriff and Civil Process Act.
After hearing the application, the trial court dismissed the application and the matter was set down for pre-trial conference.
Before the date for pre-trial conference, BYZ Nigeria Limited instructed his Counsel to file an appeal against the ruling of the Lower Court and apply for Stay of Proceedings.
BYZ Nigeria Limited on the assumption that its Lawyer has appealed against the judgment failed to appear in Court on 20th February, 2012 when the case came up for Pre-trial Conference and was also not represented by counsel.
In the absence of BYZ and its Counsel, Pre-trial Conference commenced and on that date AP Nigeria Limited, through its counsel urged the court to enter judgment for the amount claimed since there is no defense filed. The trial judge entered judgment in the amount claimed.
Answer the following questions:
1. Assuming you are counsel to BYZ Nigeria Limited, draft the application seeking to set aside the Writ of Summon on grounds of lack of jurisdiction in accordance with the scenario.
2. Assuming the trial judge dismissed the application only on the ground that since the head office of the BYZ Nigeria limited is in Lagos, the Court has jurisdiction to entertain the action. Write a one page opinion on the ruling of the Court refusing to set aside the Writ of Summons.
3. Consider the ethical issues arising from the conduct of counsel to BYZ Nigeria limited.
4. Counsel for BYZ Nigeria Limited has applied to set aside the judgment obtained at the pre-trial conference. Write a one page Ruling on the application.
5. As Counsel to BYZ Nigeria Limited within what time, where and how will you file the appeal to ensure that the appeal is competent?
QUESTION 2
Mr. Ade Douglas is a legal practitioner turned politician who invested the sum of N12, 160,000.00 between the period of June, July, August and September, 2010 in Real Madrid Oil and Gas Limited. Real Madrid Oil and Gas Limited deals in the supply and distribution of fuel oil and is also a fund Manager although without the requisite approval from the relevant authorities, and had promised to invest Mr. Ades money in the oil and gas business. As at February 2011 when Mr. Ade terminated its investment with Real Madrid, the accrued returns on his investment had increased to N25.2million despite repeated demands by Mr. Ade.
Mr. Ade has recently obtained judgment on 6th January, 2012 in the Lagos High Court in the sum of N25.2million against Real Madrid Oil and Gas Limited which has since ceased operation. Mr. Ade has discovered that Real Madrid has an account with New-life International bank, Tinubu Square, Lagos and the account is in credit to the tune of N40million. Mr. Ade has engaged your services to use the money in the bank account to satisfy the judgment sum by attaching the funds in New-life International Bank.
a. Draft the application and the supporting affidavit only.
b. Assuming that you are Mr. Ade Douglas, write an opinion on whether you can sign the application and affidavit in question (a) above and move the motion in Court.
c. Assuming New-life International Bank is your client and disclosed to you the fact that Real Madrid Oil and Gas Limited has a credit of N40million with them, draft the process New-life International Bank needs to file on being served with a Garnishee Order Nisi.
QUESTION 3
Mallam Idris Aboki is a well known street beggar who plies his trade along Awolowo Road, Ikeja, Lagos on a daily basis. On the 7th of March 2011, there was a general raid by men of the Police Force, Ikeja, Lagos, following an armed robbery incident in the area. He was arrested along with several other persons found in the vicinity of the robbery incident. He has remained in police custody ever since then, without having been charged in the court for any offence.
Answer the following questions:
a. Draft the necessary processes to be filed by Rights for All Organization.
b. Assuming upon service of the processes, the respondents raised objection to the competence of the suit on the grounds that Rights for All organization has no locus standi to institute the action, what will be your reaction to the grounds of objection?
c. Mr. Fela Adelana, Counsel to Rights for All Organization, Issued a Press Statement after the judgment was given in favour of Rights for All organization stating in the following works This is one of the several human rights cases I have won. This is a testimony that I am the best human rights lawyer in Nigeria. Let it be known to the general public that nobody with human rights case should not hesitate to consult our law firm and our charges are moderate. Briefly comment on the statement of Mr. Fela Adelana.
SECTION 2
Please use another Answer Booklet for this section.
Question 4 is compulsory.
One other question from this section should be attempted
QUESTION 4 (COMPULSORY)
Master Farid Collins, a ten year old son of Mr. Kunle Collins of No. 2 Wuse Street Maitama Abuja attends Bright Star Secondary School Wuse FTC Abuja, a school registered under Part C of CAMA. On the 13th February 2012, while going home after the school hour, Master Farid was knocked down by a Mercedes Benz with Reg. No. KBW 123 AB belonging to Olowo Martins, a senator of the Federal Republic of Nigeria but driven by Kabiru Kolo of No. 2 Sabo Street, Wuse FCT Abuja. Master Collins sustained severe injuries and had to be admitted to the National Hospital Abuja for 3 months. The medical expenses incurred on his treatment amounted to N16m made up of (a) medication N5m, (b) Medical test N3m, (c) admission and special diet N3m and (d) surgery N5m.
Mr. Kunle Collins has now instructed you to institute proceedings to recover monetary damages in respect of the injury sustained by Master Collins.
Answer the following questions:
(a) Draft the statement of claim in not more than 7 paragraphs
(b) Assuming the accident was partly due to the negligence of the school in allowing Master Farid to go home by himself without following the school bus as he was supposed to have done and you want to join the school after the case have been commenced.
(i) Draft the necessary application (without any supporting documents)
(ii) List the documents you will file alongside this application.
(c) Assuming the Senators car is covered with a third party insurance, and the Senator intends to proceed against the insurance company (commerce Insurance Plc) of No.2 Adele Street, Maitama Abuja in the same action brought against the Senator, draft the application the Senator will file for the purpose (without any supporting documents).
(d) Can the Senator be compelled to testify as a witness at the trial of this action?
(e) Assuming the case is being handled by Mr. Olakunle Tonga whose handling of the case is not satisfactory to Mr. Kunle Collins and Mr. Kunle Collins has now instructed you to take up the matter, what step(s) will you take to properly take over the matter?
QUESTION 5
In the general election held on 10th May 2011, two candidates contested the Governorship election in Borderline State.
Mr. Ababi contested the election under the platform of DAP party, while Mr. Cook contested under the platform of YAP party. After the election, the returning officer declared mr. Ababi as the winner having scored 240,000 votes as against Mr. Cooks 100, 000 votes. Mr. Cook dissatisfied with the declaration and return of Mr. Ababi as the winner of the election filed a petition at the Governorship Election tribunal sitting at Borderline State on 20th May, 2011.
The grounds of the competition are that Mr. Ababi was at the time of the election not qualified to contest the election having submitted forged school certificate to the Election Commission.
Secondly, that the Petitioner scored majority of valid votes cast at the election, the petition was heard and the tribunal delivered judgment on 12th December 2011 and Nullified the election of Mr. Ababi as the Governor of Borderline State on the grounds that he was not qualified to contest the election and returned to contest the election and retuned Mr. Cook as duly elected.
Answer the following questions:
1. You are instructed by Mr. Ababi to file an appeal against the decision of the tribunal, draft the Notice of appeal to reflect the errors in the judgment.
2. At the hearing, Counsel to Mr. Ababi tendered the certified true copies of polling units results (form EC8A(1). Counsel to the petitioner objected to the admissibility of the results on the grounds that since he had agents at all the polling units, only the original copies of the polling units results are admissible in evidence.
The tribunal upheld the objection and the documents were marked tendered and rejected. Comment on the ruling of the Election Petition Tribunal.
3. Assuming you represent Mr. Ababi, what categories of persons will you present as witnesses to tender polling units result. Explain if such persons are competent and compatible. Explain the process to compelling such witness.
4. Comment on the conduct of Mr. Ababis lawyer when instead of filing appeal, he wrote a petition against the judges of the Election Tribunal to the National Judicial Counsel alleging bias and published it as an advertorial in 3 national daily newspapers and now the time for appeal has expired.
Question 6
Samantha Okoli has been a long standing tenant in House No 13 Glover Drive, Asokoro Abuja. Recently, her Landlord Alhaji Chike Muka passed on. The eldest son of Alhaji Chike Musa whose name is Emeka Musa approached her in March 2012 informing her he is now the new Landlord and she is to deal directly with him. In April 2012, Chijioke Musa another of Late Alhaji Chike Musas sons came to Samantha informing her that he is the new landlord and she should pay her rents to him. Samantha Okoli is at a loss as to how to resolve the situation and has approached you as her lawyer to help her resolve the controversy as Chijioke has threatened her is she fails to pay her rents to him.;
Answer the following questions:
(a) What application will you make to resolve Samanthas problem. State the documents that will accompany the application.
(b) Draft only the affidavit in support of the application
(c) Assuming affidavit is filed by all the parties to the dispute and there are manifest contradictions in the depositions. How will the court resolve it?
(d) Assuming that you and Emeka Musa were course mates at the University of Ibadan, outline the steps you will take to ensure that you can handle this case.
(e) If on the date fixed for the hearing of the application Chijioke failed to appear in court despite having been served, what likely order will the court make against him?.
MAY 2014
CIVIL LITIGATION
MARKING SCHEME
SECTION 1
1(1)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIARY DIVISION
HOLDEN AT LAGOS
SUIT NO:
.
BETWEEN
AP NIGERIA LTD
CLAIMANT/RESPONDENT
AND
BYZ NIG LTD
..DEFENDANT /APPLICANT
MOTION ON NOTICE
Brought Pursuant to Order 5 Rule 2, Order 39 Rule 1High Court of Lagos State Civil Procedure Rules 2004 and the Inherent Jurisdiction of the Court
TAKE NOTICE that this Honourable Court shall be moved on
the
.. day of
. 2012 at the hour of 9 oclock in the forenoon or so soon thereafter as counsel on behalf of the defendant/applicant may be heard praying this Honourable Court for:
1. As order setting aside the write of summons in the ground of lack of jurisdiction to entertain the suit.
2. AND for such further or other as this Hounorable Court shall deem fit to make in the circumstances.
GROUNDS UPON WHICH THE APPLICATION IS BROUGHT
i. The defendant resides and carries on business in Makurdi, Benue State.
I, Chief Peter Mark, male, Christian, Nigerian citizen of No. 2 Peter mark Street, Makurdi, Benue State, hereby make oath and state as follows:
1. I am the Operations Manager of the defendant/applicant, in this case and by virtue of my employment I am conversant with the facts of this case.
2. I have the authority of my employment to swear to this affidavit from my personal knowledge and knowledge derived by me in the course of my employment.
3. The claimant/respondent filed a write of summons dated 15th of January 2012 before this Hounourable Court in this case and served same upon the defendant/applicant, claiming N100 million and interest thereon based upon a contract between the parties.
4. The defendant/applicant contracted the claimant/respondent, a firm of building contractors, to construct a block of 5 residential flats at Plot 234, new BYZ Estate, Makurdi, Benue State at the cost of N100million, which sum was to be paid upon completion of the building. A copy of the contract agreement between the parties dated 30th January 2009 is attached and marked Exh. PM 1.
5. The defendant/applicant resides and carries on business in Makurdi, Benue State where it has its registered office at No. 1 BYZ Street, Makurdi, Benue State.
6. The defendant/applicant has no office in Lagos, within the jurisdiction of this Honourable Court.
7. I am informed by Mr. Yusuf Ibrahim of counsel and I verily believe him to be true that the writ of summons in this case was issued out of the Lagos State High Court and served upon the defendant/applicant at Makurdi, Benue State without an endorsement that is it to be served out of the jurisdiction of Lagos State and in the jurisdiction of Benue State.
8. I swear 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
.2014
Before Me
..
Commissioner for Oaths
4 marks
ii. The contract which is the subject matter of the action was executed in Makurdi Benue State
iii. Non compliance with section 97 of the Sheriff and Civil Process Act
iv. The court lack jurisdiction to entertain the suit
Dated this
day of
.2014
Yusuf Ibrahim
Yusuf Ibrahim and Co.
Defendant/Applicants Solicitors
No. 12 Alhaji Dendo Street
Surulere, Lagos
FOR SERVICE ON:
Claimant/ Respondent
C/o His Solicitor
Samuel Shebu and Co.
10 Marina, Lagos
4 marks
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
.
BETWEEN
AP NIG LTD
.. CLAIMANT/RESPONDENT
AND
BYZ NIG LTD
.
.. DEFENDANT/APPLICANT
AFFIDAVIT IN SUPPORT
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
.
BETWEEN
AP NIG LTD
CLAIMANT/RESPONDENT
AND
BYZ NIG LTD
.
.. DEFENDANT/APPLICANT
WRITTEN ADDRESS
1. INTRODUCTION
This is a motion on notice pursuant to Order 5 rule 2, Order 39 rule 1 of the High Court Civil Procedure rules, 2004 praying this Hounnable Court to set aside the write of summons for lack of jurisdiction.
2. FACTS
i. The claimant/respondent commenced this action against the defendant/applicant by a writ of summons dated 15th January 2012, wherein he claimed the sum of N10million and interest on the said sum at the rate of 21% per annum from November 2010 until liquidation of same.
ii. The said writ of summons was served upon the defendant/applicant at No. 1 BYZ Street, Makurdi on the 17th day of January 2012.
iii. The subject matter of the action is a contract entered into by the parties on the 10th of January 2009. In accordance with the contract, the claimant/respondent was to build a block of 6 residential flats for the defendant/applicant at Plot 234 new BYZ Estate, Makurdi, Benue State for the defendant/respondent at an agreed of N100million payable upon completion of the building. The building was to be completed within one year from the date of the contract.
iv. The defendant/applicant has its registered office at No. 1 BYZ Street, Makurdi Benue State, where it resides and carries on business.
v. The defendant/applicant does not reside in Lagos and has no office in Lagos and the contract was not to be executed in Lagos, within the jurisdiction of this Honourable Court.
vi. There was no endorsement on the writ of summons that:
This summons is to be served out of the jurisdiction of the High Court of Lagos State and in the jurisdiction of the High Court of Benue State.
3. ISSUES FOR DETERMINATION
i. Whether this Hourable Court has jurisdiction to entertain this suit in the circumstances?
4. ARGUMENT
4.1 We humbly submit this Honourable Court lacks jurisdiction to entertain this suit. By virtue of order 2 Rule 3 High Court Civil Procedure Rules 20004. Lagos, an action based on contract is to be commenced where the contract is to be performed or where the defendant resides.
4.2 The contract which is the subject matter in this action was to be performed in Makurdi and the defendant/applicant resides and carries on business in Makurdi Benue State. See the contract agreement dated 10th of January 2009, attached to the affidavit in support of the Motion before this Honourable Court and marked Exh. PM 1. We rely on the facts deposed to in the said affidavit, particularly paragraphs 3, 4, 5 and 6.
4.3 There was failure to comply with Section 97 of the Sheriff and Civil Process Act (SCPA) which provides that every writ of summons for service outside the state in which it was issued shall, in addition to any other endorsement or notice required by the law of such State or Capital Territory, have endorsed thereon a notice to the effect that it is to be served out of jurisdiction of the issuing State and in another State. There was no endorsement on the Writ of Summons in this case that it was to be served outside Lagos State and in Benue State. Section 97 SCPA is mandatory and non compliance with the section entitles a court to set aside the summons and its service or any orders or proceedings made consequent upon such defective service. See NEPA V ONAH.
4.4 The Honourable Court is entitled in the light of the forgoing to set aside Writ of Summons in this case.
5. CONCLUSION
We humbly urge this Honourable court to grant our application and set aside the writ o summons dated and filed 15th of January 2012.
6. LIST OF AUTHORITIES
a. STATUS AND SUBSIDIARY LEGISLATION
1. High Court Civil Procedure Rules, 2004, Lagos
b. CASES
Dated this
.. day of
..2014
Yusuf Ibrahim
Yusuf Ibrahim and Co.
Defendant/Applicants Solicitors
N0. 12 Alhaji Dendo Street
Surulere, Lagos
For Service on:
Claimant/Applicant
c/o His Solicitor
Samuel Shehu and Co.
10 Marina, Lagos
4 marks
1(2)
The ruling of the lower court is wrong because of the following:
1. Were the defendant resides and carries on business in another state and the contract which is the subject matter of the suit was executed in that state, the Lagos State High Court lacks jurisdiction to entertain the suit.
See Order 2 rule 2 High Court Civil Procedure Rules, 2004, Lagos.
Akintunde and Ojo (2002) 4 NWLR (Pt 757) 284.
2. The court lacks jurisdiction where Section 97 of the Sheriff and Civil process Act has not been complied with. The requirement of endorsing on the writ of summons that service is to be effected on the defendant in a State other than the issuing State is mandatory and non compliance mat lead to setting aside of the writ of the summons served or its service or any orders proceedings made consequent upon service of the defective summons. Nepa v Onah.
3. The court was therefore wrong in its decision refusing to set aside the writ of summons.
1(3)
1. Counsel has a duty to follow clients lawful instructions and he will be held responsible for any loss which may ensure as a result disobeying them, Osun v Anwan 1947 18 NLR 144. Counsel to BYZ is in breach of this duty because he has failed to file an appeal as instructed by his client.
2. Rule 14 RPC also provides that counsel has a duty to devote his attention, energy and expertise to the service of his client ant subject to rule of law, to act in a manner consistent with the best interest of the client. Counsel breached Rule 14 as he failed to file an appeal and /or attend the PTC.
3. Rule 16 RPC provides that counsel shall not neglect a legal matter entrusted to him. BYZ Counsel has been negligent by failing to file the appeal and being absent at the PTC.
4. He may be reported to the LPDC and disciplined for professional misconduct.
3 marks
RULING
1. Pre-trial conference (PTC) in this suit was fixed on the 20th of February 2012 and PTC notices in Form 17 accompanied by PTC information sheet in Form 18 duly served upon counsel for both parties.
2. Attendance at PTC by counsel and/or parties is mandatory.
3. If a party or his legal practitioner fails to attend the PTC, or obey a scheduling pre-trial order or is substantially unprepared to participate in the conference or fails to participate in good faith, the judge shall in the case of the defendant enter final judgment. See order 25 Rules 6, High Court Civil procedure Rules Lagos, 2004.
4. The defendant is allowed by the rules of court to set aside any judgment obtained at the PTC upon an application made within 7 days of the judgment or such other period as the pre-trial judge may allow, not exceeding the PTC period.
5. The application made to set aside the judgment shall be accompanied by an undertaking to participate effectively in the PTC.
6. The application by the defendants counsel to set aside the judgment of this Honourable Court entered during the PTC in his absence and in the absence of the defendant, is hereby refused for the following reasons:
a) The said application was neither brought within 7 days of the judgment, nor was permission of the pre-trial judge sought to bring it outside the prescribed time in accordance with Order 25 rule 6.
b) The application failed to explain satisfactorily the absence of the defendants counsel at the PTC and it was not accompanied with an undertaking by defendant and his counsel to participate effectively in the PTC.
c) No defense has been filed up to date by the defendant/applicant.
4 marks
1(5)
1. An order that a court has no jurisdiction is a final decision. See Western Steel Works Ltd v Iron and Steel Workers Union (1986) 3 NWLR (Pt 30) 617. But, the court in the scenario has ruled that it has jurisdiction and it is therefore an interlocutory decision. The time for filing an appeal against an interlocutory judgment is within 14 days of the delivery of the judgment. Section 25 Court of Appeal Act. Since the time has lapse, a Notice of motion praying for extension of time within which to appeal must be filed at the Court of Appeal because the High Court lacks the power to extend time for appeal. It must be supported by an affidavit stating cogent reason for the delay and good cause why the appeal should be heard. Under section 242 of the 1999 Constitution, an interlocutory judgment of the High Court requires leave. The proper application would therefore be the trinity prayer. 3 marks
2(a)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
.
BETWEEN
ADE DOUGLAS .
JUDGMENT CREDITOR/APPLICANT
AND
REAL MADRID OIL AND GAS LTD
.
GARNISHEE
MOTION EX PARTE
BROUGHT PURSUANT TO SECTION 83 SHERIFFS AND CIVIL PROCESS ACT AND ORDER VIII OF THE JUDGMENT (ENFORCEMENT) RULES OF THE SHERIFF AND CIVIL PROCESS ACT
TAKE NOTICE that this Honourable Court shall be moved on
..the
…day of
. 2012 at the j=hour of 9 oclock in the forenoon or so soon thereafter as counsel may be heard on behalf of the judgment Creditor/Applicant for the following orders:
1. An ORDER OF GARNISHEE NISI attaching the sum of N25.2million (twenty five million, two hundred thousand Naira only) standing to the credit of the judgment debtor in its account with the Garnishee to satisfy the judgment awarded against the judgment debtor in this case.
2. An Order that the Garnishee shall appear before this Honourable Court to show cause why it should not be made to pay the judgment sum to the judgment creditor.
3. And such further or other orders as this Honourable Court shall deem fit to make in the circumstances.
Dated this
. Day of
..2014
..
Peter garba
Peter Garba and Co
Judgment Creditor/Applicant Solicitors
Suit 25 Sun Plaza
Ikeja Lagos
5 marks
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
.
BETWEEN
ADE DOUGLAS .
JUDGMENT CREDITOR/APPLICANT
AND
REAL MADRID OIL AND GAS LTD
.
JUDGMENT
DEBTOR
AND
NEWLIFE INTERNATIONAL BANK
GARNISHEE
AFFIDAVIT IN SUPPORT
I, Okon Dabo, male, Christian, Nigerian citizen of suit 25 Plaza, Ikeja, Lagos do hereby make oath and state as follows:
1. I am the litigation clerk in the law office of Peter Garba, Counsel to the Judgment/Applicant in this application and I am conversant with the facts deposed to in this affidavit.
2. I have the consent of my employer and the judgment Creditor/Applicant to depose to this affidavit.
3. I depose to this affidavit from facts within my personal knowledge and knowledge derived by me in the course of my employment as litigation clerk.
4. The judgment Creditor filed a writ of summons in this case and obtained judgment against debtor on 6th of January 2012 in the sum of N25.2million.
5. The judgment debtor has since then failed, refused and/or neglected to liquidate the outstanding judgment debt or any part thereof despite repeated demands by the judgment Creditor/Applicant.
6. I am informed by Mr. Ade Douglas, the judgment Creditor, and I verily believe him to be true as follows:
i) The judgment debtor has an account No 013210000 with New-life International Bank, Tinubu Square, the garnishee and the account satnds in credit to the tune of N40million. Show to me and attached here as Exh OD 1 is a photo copy of a cheque issued by the judgment Debtor from the account.
ii) The funds in the said account are capable of satisfying the outstanding judgment debt due to the judgment creditor.
iii) Unless this Honourable Court grants this application, the judgment debt will remain unsatisfied, particularly as the judgment debtor has ceased its business operation.
7. It is in the interest of justice to grant this application as the believing same to be true and correct and in accordance with the Oaths Act.
8. 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
2014
BEFORE ME
COMMISSIONER FOR OATHS
4 marks
2(b)
1. Ade Douglas as a legal practitioner can prepare and sign the motion and also depose to the affidavit in question (a) above. The RPC also prohibits him from appearing robed and speaking from the bar if he intends to appear in person in his personal case. It is advisable for counsel not to argue their own personal cases as objectivity may be lost. See Egbe v Adefarasin; Fawenhinmi v NBA.
3 marks
2(c)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO
.
BETWEEN
ADE DOUGLAS .
JUDGMENT CREDITOR/APPLICANT
AND
REAL MADRID OIL AND GAS LTD
.
JUDGMENT DEBTOR
AND
NEWLIFE INTERNATIONAL BANK
GARNISHEE/RESPONDENT
AFFIDAVIT TO SHOW CAUSE
I, Usman Dankabba, male, Muslim, Nigerian citizen and banker of No. 1Tinubu Square, Lagos do make oath and state as follows:
1. I am the Manager at the Tinubu Square Branch of the Garnishee and by virtue of my position I am familiar with the facts deposed to in this affidavit.
2. I have the authority of the Garnishee to depose to this affidavit.
3. Upon the service of the garnishee order nisi issued by this honourable Court on the Garnishee, the Garnishee went through its records and has confirmed that the judgment debtor has the sum of N40million in its account with the Garnishee.
4. The Garnishee is prepared and willing to abide by the garnishee order made by this Honourable Court.
5. I depose to this affidavit in good faith, conscientiously believing sane to be true and correct and in accordance with the Oaths Act.
.
Deponent
SWORN TO
AT THE HIGH COURT REGISTRY LAGOS
THIS
DAY OF
..2014
BEFORE ME
.
COMMISSIONER FOR OATHS
3 marks
QUESTION 3
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DEVISION
HOLDEN AT IKEJA
SUIT NO:
IN THE MATTER OF AN APPLICATION BY MALLAM IDRIS ABOKI FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS.
Between:
Mallam Idris Aboki Applicant
And
Commissioner of Police, Lagos State Respondent
MOTION ON NOTICE
PURSUANT TO ORDER II 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 will be moved on
.. the
day of
..2012 at the hour of 9 oclock 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 and detention of the applicant by the respondent since the 7th March, 2012 constitute infringement of the applicants fundamental rights to liberty as guaranteed by S.35 of the 1999 Constitution.
2. An order that the applicant be unconditionally released from custody by the respondent forthwith.
3. An order for the payment of the sum of N10million damages to the applicant by the respondents for the infringement of the applicants fundamental rights.
4. Such further or other orders as this honourable court may deem fit to make in the circumstances.
DATED THIS
DAY OF
2014
..
Fela Adelana Esq
Applicants Counsel
Adelana & Co.
No. 1, Law School Drive
Victoria Island, Lagos.
For service on:
Respondent
Commissioner of police
Police Headquarters
Ikeja Lagos
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
Suit no:
In the Matter of an Application by Mallam Idris Aboki
For the Enforcement of Fundamental Rights
Between:
Mallam Idris Aboki Applicant
And
Commissioner of Police, Lagos State Respondent
AFFIDAVIT IN SUPPORT
1, Sunday Ojo,, male, Christian, Nigerian citizen, Litigation Officer of No. 1 Law School Drive, Visctorial Island, Lagos do make oath and state as follows:
1. I am a Litigation Officer with the Rights for All Organization, a nongovernmental, non profit human rights agency with address at No. 1 Law School Drive, Victoria Island, Lagos by virtue of which I am conversant with the facts and circumstances of this application.
2. That I have the authority of the applicant to depose this affidavit.
3. That I am informed by Mallam Idris Aboki, the applicant in this case sometimes in May, 2012 at the Police Headquarters, Ikeja and I verily believe him as follows:
(a) He is a street beggar and begs on daily basis along Awolowo road, ikeja, Lagos
(b) On or about 7th March, 2012, there was a general raid by men of the Nigerian Police Force, Ikeja, Lagos following an armed robbery incident in the area.
(c) He was arrested along with several other persons found in the vicinity of the robbery incident.
(d) He has remained in Police custody ever since without being charged with any offence in any court till date.
4. That when the applicants case came to the attention of the Rights for all Organization, the organization decided to take up his case and apply to this Honourable Court for the enforcement of the applicants fundamental rights.
5. That I depose to this affidavit in good faith, conscientiously believing same to be true and correct and in accordance with the Oaths Act, 2004.
.
Deponent
Sworn to at the High Court Registry
Lagos, this
.day of
2014
Before Me
Commissioner for Oaths
3 marks
In the High Court Of Lagos State
In the Ikeja Judicial Division
Holden at Ikeja
Suit No:
In The Matter Of An Application By Mallam Idris Aboki For The Enforcement Of Fundamental Rights
Between:
Mallam Idris Aboki Applicant
And
Commissioner of Police, Lagos State Respondent
Statement Pursuant to Order Ii Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009
1. NAME AND DESCRIPTION OF APPLICANT
Mallam Idris Aboki, No. 1, Law School Drive Victoria Island, Algos.
2. RELIEFS SOUGHT
(a) A declaration that the arrest and detention of the applicant by the respondent since the 7th March, 2012 constitute infringement of the applicants fundamental rights to liberty as guaranteed by S. 35 of the 1999 Constitution.
(b) An order that the applicant be unconditionally released from custody by the respondent forthwith.
(c) An order for the payment of the sum of N10million damages to the applicant with the respondent for the infringement of the applicants fundamental rights
(d) Such further or other orders as this honourable court may deem fit to make in the circumstances.
(e) GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT
i. The arrest and detention of the applicant by the respondent on the 7th March 2012 constitute an infringement of the applicants fundamental right to dignity of human person guaranteed under section 35 of the Constitution of the Federal Republic of Nigeria, 1999.
Dated this
..day of
.2014
Fela Adelama Esq
Applicants Counsel
Adelana & Co
No. 1, Law School Drive
Victoria Island, Lagos.
For service on:
Respondent
Commissioner of police
Police Headquarters
Ikeja Lagos
3 mark
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
Suit no:
In the Matter of an Application by Mallam Idris Aboki
For the Enforcement of Fundamental Rights
Between:
Mallam Idris Aboki Applicant
And
Commissioner of Police, Lagos State Respondent
Written Address
1. Introduction
2. Brief statement of the facts
3. Issues for determination
(a) Issue 1
(b) Issues 2
4. Argument of issue
(a) Argument on issue 1
(b) Argument on issue 2
(With authorities in support)
5. Conclusion
6. List of Authorities
Dated this
..day of
.2012
Fela Adelama Esq
Applicants Counsel
Adelana & Co
No. 1, Law School Drive
Victoria Island, Lagos.
For service on:
Respondent
Commissioner of police
Police Headquarters
Ikeja Lagos
3 mark
(b) Under the Fundamental Rights (Enforcement Procedure) Rules, 2009, any person apply for the enforcement of fundamental rights of any person and an application cannot be defeated on the ground that the person applying has no locus standi. The objection is therefore misconceived.
1½ mark
(c) The statement constitutes an improper attraction of business and a breach of the Rules of Professional Conduct for Legal Practitioners. See Rule 39 RPC
1½ mark
5. The plaintiff avers that the 2nd defendant was negligent
Particulars of negligence
i. The 2nd defendant was driving at excessive speed
ii. He was not observing the traffic signs on the road
iii. The plaintiff was on the zebra crossing when he was knocked down by the 2nd defendant. 1 mark
6. By reason of the accident, the plaintiff suffered serious injuries and had to be admitted at the National Hospital, Abuja for treatment which lasted for 3 months.
7. By reason of the facts stated above, the plaintiff suffered loss and damages
Particular of damages
i. Cost of medication at the hospital N5million
ii. Medical test N3million
iii. Admission and special diet N3million
iv. Surgery N5million I mark
Whereof the plaintiff claims against the defendants jointly and severally the following:
1. N16million as special damages for negligence
2. N10million as general damages for negligence
I mark
Dated
..day of
.
.2014 ½ mark
Williams Elejo Esq
Elejo * Co.
Plaintiffs Counsel
No. 1, Law School Drive
Bwari, FCT, Abuja ½ mark
For service on:
1. The 1st defendant
2. The 2nd defendant ½ mark
Question 4 (b)(i)
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No:
Between: ½mk
Master Farid Collins
(Suing by his next friend Mr. Kunle Collins) Plaintiff/Applicant
And
1. Senator Olowo Martins
2. Mr. Kabiru Kolo Defendant/ Respondent
3. The Registered Trustees of Bright
Star Secondary School Party Sought to be joined as 3rd Defendant/ Respondent
1mk
Motion on notice
Pursuant to order 10 Rules of the High Court of the Federal Capital Territory (Civil Procedure) Rule, 2004 and Under the Inherent Jurisdiction of this Honourable Court
½mk
TAKE NOTICE that this honourble Court will be moved on
the
..day of
2012 at the hour of 9 oclock in the forenoon or so soon thereafter as counsel may be heard on behalf of the plaintiff/applicant for:
1. Anorder joining the Registered Trustees of Bright Star Secondary School as the 3rd defendant in this case.
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstances of this case. 1 mark
Dated ..day of . .2014 ½ mark
Williams Elejo Esq
Elejo * Co.
Plaintiffs Counsel
No. 1, Law School Drive
Bwari, FCT, Abuja ½ mark
For service on:
1. The 1st defendant
2. The 2nd defendant
3. Party sought to be joined ½ mark
Question B(ii)
– Affidavit
– Any documents to be attached as exhibits
– Written address I ½ mark
Question4(c)
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No:
Between: ½mk
Master Farid Collins
(Suing by his next friend Mr. Kunle Collins) Plaintiff/Applicant
And
1. Senator Olowo Martins
2. Mr. Kabiru Kolo Defendant/ Respondent
And
Commerce Insurance Plc Third Party/Respondent
1mk
Motion Ex-Parte
Pursuant to Order 10 Rule 18 of the High Court of the Court of the Federal Capital Territory (civil Procedure) Rule, 2004 and Under the Inherent jurisdiction of this honourable Court
½mk
TAKE NOTICE that this honourble Court will be moved on
the
..day of
2012 at the hour of 9 oclock in the forenoon or so soon thereafter as counsel may be heard on behalf of the defendant /applicant for:
1. An order granting leave to issue third party notice against Commerce Insurance Plc of No. Adele Street. Maitama. Abuja.
2. Such further or other orders as the Honourable Court may deem fit to make in the circumstances of this case. 1 mark
Dated
..day of
.
.2014 ½ mark
Williams Elejo Esq
Elejo & Co.
Defendants Counsel
No. 1, Law School Drive
Bwari, FCT, Abuja ½ mark
Question 4(d)
The law is that all competent witnesses are compellable witnesses unless the law provides otherwise. There is no law against the compellability of individual Senators. The law on legislative immunity applies to the Senate/Legislative House as a body. The executive immunity under section 308 of the 1999 Constitution applies only to the President, Vice President,, Governor and Deputy Governor. The senator in this case is therefore a compellable witness. S. 175 Evidence Act. 2mks
Question 4 (e)
i. Write to the former counsel to notify him of my appointment and asking him if he has any outstanding bill/issues to be settles by the client
ii. Ensure that any outstanding bill of the former counsel is settled
iii. Fill notice of charge of counsel before the court. Rule 29 RPC. 3mks
Question 5
Question 5(1)
IN THE COURT OF APPEAL
HOLDEN AT KADUNA
Appeal No:
Petition No 1mk
BETWEEN
MR. ABABI APPLICANT
AND
MR. COOK RESPONDENT 1mk
NOTICE OF APPEAL
1/2mk
TAKE NOTICE that the respondent in this matter being disa
. With the
.of the
.tribunal
at borderline state doth appeal
the decision upon the grounds set forth in paragraph —–and shall seek from the court of Appeal the relief set forth in paragraph 4.
FURTHER TAKE NOTICE that the persons affected by the appeal are set forth in paragraph 5
2. PART OF THE DECISION COMPLAINED ABOUT
The whole decision
3. GROUNDS OF APPEAL
Ground 1
The tribunal erred in law when it nullified the election of the appellant.
PARTICULARS OF ERROR
i. There was not sufficient evidence to prove the allegation of representation of forged certificate to Independent National Electoral Commission.
4. RELIEF SOUGHT FROM THE COURT OF APPEAL
1. To allow the appeal
2. To set aside the decision of the Tribunal nullifying the election of the Appellant.
5. PERSONS DIRECTLY AFFECTED BY THE APPEAL
NAMES ADDRESS
MR. ABABI 5, IKO STREET, BO
MR. COOK 2, IKO STREET, BO 1 ½mks
Dated ..day of . .2014 ½ mark
APPELLANT
Whose address for service is
.. 1/2 mk
For service on
The respondent
Mr. Cook,
2, Iko Street, Bo 1/2 mk
QUESTION 5 (2)
The tribunal was wrong when it upheld the objection to the admissibility of the certified true copies of the polling unit results on the ground that only the original copies were admissible.
Polling units results (from EC8A(1) are public documents. S. 102 Evidence Act. Certified true copies are admissible as the only form of secondary evidence of public documents. S. 90 (1)(c) & 105 Evidence Act; Minister of Lands W. N.v Dr. N. Azikiwe. Public documents are mostly proved through secondary evidence i.e. C.T.C Sections 90 (1) (c) & 105 Evidence Act 4mks
Question 5(3)
As counsel to Mr. Ababi, I would present the polling officers from the electoral body and polling agents of the parties as witnesses to tender polling unit results.
Polling officers and polling agents are competent witnesses. The general rule is that every person is competent to give evidence unless such person is prevented from understanding the question posed to him or prevented from giving a rational answer to such question by reason of tender years, old age, and disease of the mind or body. 5. 175 Evidence Act. 2mks
The process of compelling the polling officers and polling agents is to apply to the court for subpoena ad testificandum against them to attend court and give evidence. 2mrks
Question 5(4)
The
..displayed incompetence by not filing appeal at the appointed time Rule 16 RPC furthermore, the conduct amount to negligence Rule 16 RPC. Professionally, Mr. Ababi is professionally negligent with the attendant consequences 5.9 legal practitioners
..
On the issue of petition to the NJC which was published in national dailies, the lawyer should have lodged the complaint with the NJC publishing it in the newspapers amounts to contempt ex facie curiae. Mr. Ababi is also under the duty to respect and honour the court he can only make his complaint against a judicial officer to the appropriate authority (the NJC, in this case) and not to unduly advertise the complaint/petition. 3mks
Question 6(a)
(a) The application that will be required to solve Samathas problem is an interpleaded summons, brought in the form of an orienting summons pursuant to Order 26 of the High Court of the FCT, Abuja (Civil Procedure) Rules.
(b) The document that will accompany the application is an affidavit. O. 26 FCT Rules
1mk
Question 6 (b)
IN THE HIGH COURT OF D=FEDERAL CAPITAL TERRITORY, ABUJA
HOLDEN AT ABUJA
½mk
Suit No
½mk
BETWEEN:
SAMATHA OKOLI APPLICANT
AND
MR. EMEKA MASU CLAIMANT
CHIJIOKE MASU CLAIMANT 1mk
AFFIDAVIT IN SUPPORT OF INTERPLEADED SUMMONS ½mk
I, SAMATHAN OKOLI, Nigerian, female, teacher, of House no 13 Glover Driver Asokoro, Abuja, hereby do make oath and state as follows: ½mk
1. That I am the applicant in this application by virtue of which fact I am seised of the facts deposed hereto.
2. That I rented the house no 13 Glover Drive, Asokoro, Abuja (hereinafter known s the demised premises) from Alhaji Musa, until his death in 2012.
3. That on the death of Alhaji Musa I was approached separately by Emeka Musa the eldest son to the late Alhaji Musa my deceased landlord and one Chijioke Musa, who is also another son of the diseased landlord, each claimant to be my new landlord in respect of my rented premises, asking to pay the rent due on the subject matter to him. 1mk
4. That I claim no interest in the demised premises the subject matter of this application 1mk
5. That I am willing to pay the rent on the demised premises, the subject matter hereof, as this honourable court may direct. ½mk
6. That I make this affidavit in good faith believing the content to be true and correct to the best of my knowledge 1mk
Deponent ½mk
Sworn to the High Court Registry, Abuja
This
..day of
.
.2014 1mark
Before me
Commissioner of Oath
Question 6(c)
Where there are manifest or irreconciliation differences in the depositions in affidavit evidence of opposing parties to the dispute then oral evidence will be called to rescue to resolve the differences. The oral evidence will be from the deponent or any other person that may be seised of the facts. This would be the case regardless of the fact that parties did not ask for oral evidence to be given. Falobi v Falobi. Uku v Okumagba. However, the need for oral evidence to resolve conflict may be obviated where there is documentary evidence filled in support of any the affidavit as exhibit which resolves the matter. Nwosu v. I.M.E.S.A 2mks
Question 6 (d)
If I and Emeka Musa were course-mates in the university of Ibadan, I will disclose that fact to my client. Rule 17 RPC 2mks
Question 6 (e)
If on the date fixed for the hearing of the application chijioke failed to appear in court despite having been served, the court may take an order declaring him and all persons claiming under him for ever barred against the application and persons claiming against. However, such order shall not affect the rights of the claimants as between themselves. See order 26(8) High Court of the Fed. Cap. Terr. Abuja 2mks
