18 Feb

ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION. ADR refers to processes that offer an alternative to litigation. Dispute resolution other than by the formal court setting. Disputes arise in different dimensions and circumstances. Rule 15(3) RPC 2007 now mandates lawyer to inform client of ADR Options before resorting to litigation. See also Or 3 Rule 11 HCLCPR 2012 which […]

22 Jan

CIVIL WEEK 3 OVERVIEW AND INTRODUCTION

WEEK 3 :: OVERVIEW/SCOPE OF CIVIL LITIGATION COURSE: Relate to procedure regulating civil actions. Ranging from ADR, institution of suit, trial, till determination and appeal… etc. Non-compliance with procedure may have fatal effects on a party’s case, its justifiability notwithstanding. :: INTRODUCTION TO LITIGATION AND ADR. Read in the ADR Write-up. :: SOURCES OF CIVIL […]

22 Jan

CIVIL LIT WEEK 4 PARTIES TO A CIVIL SUIT

FOR THE LOVE OF CHRIST JESUS; THE BEGINNING AND THE END. WEEK 4 PARTIES TO A CIVIL SUIT. :: CAPACITY: An action must be brought by a competent legal person(s) (natural or artificial) in a court of competent jurisdiction else it would be void-Agbonmagbe Bank Ltd V General Manager, GB Ollivant Ltd (1961) 1 All […]

22 Jan

CIVIL WEEK 5 PRELIMINARY MATTERS TO CONSIDER

FOR THE LOVE OF CHRIST JESUS; THE BEGINNING AND THE END. WEEK 5 PRELIMINARY MATTERS (1) PRE-ACTION ISSUES AND COMMENCEMENT OF ACTION IN THE MAGISTRATE COURT. :: VARIOUS MATTERS THAT NEED TO BE CONSIDERED BEFORE COMMENCING OR DEFENDING AN ACTION. This is necessary to prevent fatality or striking out of suit. An action is a […]

22 Jan

CIVIL WEEK 9 PLEADINGS

WEEK 9 PLEADINGS. Written allegations of parties which Comprehensively presents the material facts and highlight the issues between parties to an action. Strict sensu, pleadings are the statement of claim, statement of defence, counter-claim, set-off, reply, and further and better particulars in an action started by writ of summons. Pleadings are not used in actions […]

22 Jan

CIVIL WEEK 6 COMMENCEMENT OF ACTIONS

WEEK 6 COMMENCEMENT OF ACTIONS IN THE HIGH COURT.          Place of Commencement: Or 2 HCLCPR. Matters are commenced where they arose, or are to be performed or where the defendant resides or does his business (in land matters where the land is situate). Company actions are commenced in the jurisdiction of the head office-Union […]

22 Jan

WEEK 7 INTERLOCUTORY APPLICATIONS

FOR THE LOVE OF CHRIST JESUS; THE BEGINNING AND THE END. WEEK 7 INTERLOCUTORY APPLICATIONS :: WHAT ARE INTERLOCUTORY APPLICATIONS: are applications made to court or judge in chambers in the course of pending proceedings due to certain occurrences occasioning it. :: PRINCIPLES: Made by interlocutory motion. Judge shall make an order exactly as prayed, […]

22 Jan

CIVIL WEEK 8 SUMMARY JUDGMENT PROCEDURE

WEEK 8 SUMMARY JUDGMENT PROCEDURE. :: MEANING AND PRINCIPLES OF SUMMARY JUDGMENT. Judgment given for the plaintiff without going through full trial where plaintiff/claimant has established (usually through affidavit) that defendant has no defence to his claim. In doing so, court considers writ of summons, pleadings of parties, the application for summary judgment, affidavits, documents […]

22 Jan

CIVIL WEEK 10 PRE-TRIAL ISSUES AND PRE-TRIAL CONFERENCE.

FOR THE LOVE OF CHRIST JESUS; THE BEGINNING AND THE END WEEK 10 PRE-TRIAL ISSUES AND PRE-TRIAL PROCEEDINGS/CONFERENCES. PRE TRIAL CONFERENCE is done Within 14 days from close of pleadings, claimant should apply for the CMCNotice (Form 17) failing which defendant may apply for same or apply for action to be dismissed. CMC/PTC/PTP is for […]

22 Jan

CIVIL WEEK 11 TRIAL (1) TRIAL PREPARATION

FOR THE LOVE OF CHRIST JESUS; THE BEGINNING AND THE END WEEK 11 TRIAL (1): TRIAL PREPARATION AND EVIDENCE. :: CASE ANALYSIS/CASE THEORY: is the lawyer’s line of argument in support of his case after analysing the case. :: TRIAL PLAN: how a counsel intends to prove or establish his case. :: COMPETENCE AND COMPELLABILITY […]

22 Jan

CIVIL WEEK 12 TRIAL(2) EXAMINATION OF WITNESSES(2)

WEEK 12 TRIAL (2): EXAMINATION OF WITNESSES. See generally Section 214 and 215 EA :: EXAMINATION IN CHIEF: Examination by a party of his own witness to elicit evidence favourable to his case. Leading question are not permitted except in introductory or undisputed matters or in respect of confused or hostile witness or with permission […]