Civil Litigation Pre-Class Answers

BAR PART 11
ENUGU CAMPUS
CIVIL LITIGATION
ANSWERS TO TASKS
WEEK 3
OVERVIEW, INTRODUCTORY MATTERS & COURTS WITH CIVIL JURISDICTION
TASKS:
Answer to Question 1
Draw up a list and description of alternative dispute resolution methods available to an aggrieved party
in Nigeria.
Answer
The following are the methods of alternative dispute resolution available to an aggrieved party in
Nigeria
1. Negotiation: the process of achieving agreement through discussion.
2. Mediation: this involves a third party, neutral facilitator who assists adverse parties in conducting
effective communication and negotiation in order to find an appropriate resolution to resolve the
dispute and result in settlement.
3. Conciliation: this involves a neutral third party listening to the argument presented by both
opposing parties and rendering a non-binding suggestion of how to resolve the dispute.
4. Arbitration: this is a procedure where disputes may be resolved out of court using a neutral third
party (arbitrator) or parties (arbitration panel).
5. Hybrid Processes: The notable hybrid ADR processes are ARB-MED, MED-ARB, NEGMED, and
CON-ARB. The fact that the parties have resorted to litigation or any of the ADR processes does
not preclude them from adopting other ADR processes to resolve the dispute. The hybrid process
allows the parties to commence the settlement of their dispute with one ADR process, then
subsequently have recourse to another method in the course of the settlement of the dispute. The
major advantage of the hybrid process is that it allows the parties the time to explore an ADR
process to settle their dispute until they discover that a particular problem requires some other ADR
process. Parties are therefore not restricted to one ADR process at a time in order to settle their
dispute.
6. Private Judging: parties hire a private judge.
7. Early Neutral Evaluation: involving third party (a lawyer or a retired judge experienced in the area
of dispute) who would evaluate the dispute, evaluate the relative strengths and weaknesses of each
party‘s case, the probable outcome of litigation and advices the parties. His opinion is not binding,
but it may lead to an amicable resolution of the dispute. All documents, records and statements
made in the process are confidential and cannot be admissible as evidence.
8. Mini-Trial: just like court trial in absence of live evidence
9. Multi-Door Court House: this is not an ADR mechanism but a place or forum where ADR
mechanisms can be exploited. The Lagos State High Court and High Court of FCT now have a
multi-door court house. In Lagos, it is statutory. Approaching the multi-door court house could be
court connected like in Lagos state or independent court. There are also Citizens‘ Mediation Centers
as in tenancy cases.
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Compiled by Comrade Wisdom
Set out the advantages and disadvantages of each method
Answer
ADVANTAGES OF ADR OVER LITIGATION
1. Cheaper than Litigation: In short term, ADR can be more expensive than litigation but in long
term it is cheaper than litigation. In ADR, all the expenses are borne by the parties while in
litigation; some of the expenses are not borne by the parties.
2. Faster than Litigation: In litigation, there is competition but in ADR, the parties' case is likely to
be the only one. Thus, ADR takes less time than litigation.
3. Preservation of Relationship between the Parties: Most ADR has a win-win situation on both
sides, although arbitration is now similar to litigation as it is governed by stringent rules where there
is a winner and loser. In litigation, it is strictly a win-lose situation but, ADR preserves the pre-
dispute relationship between the parties. Again, most parties to litigation do not return as friends
even in matrimonial proceedings. And in commercial area of law, ADR is most relevant as there
might still be need to continue business relationship.
4. Privacy of the Parties: ADR helps in preserving the privacy of the parties. In litigation, the process
must be held in public except under certain conditions thus in private.
5. Less Formal than Litigation: The court room where litigation is carried out is usually tense. For
the lawyers, it is difficult, there are a lot of rules and procedures which must be followed and for the
layman, it is extremely difficult. In ADR session, it is more of business meeting where coffee can
even be served. Hence the layman is likely to prefer such environment.
6. Determining the Coram: They parties in ADR determine the mediator or arbitrator or conciliator
but in litigation, the parties cannot determine who will be the judge.
7. Involvement of Parties: ADR processes are parties driven. Parties can determine the time, venue
and place in the ADR process. In litigation, parties are not involved. It is controlled by the court.
DISADVANTAGES OF ADR
1. Exposure to Hostility: In arbitration, the arbitrator is not protected against hostility while in
litigation; the judge can give judgment without fear or favor.
2. Impediment to Development of Case Law: ADR hinders the development of case law. This is
however seen as a positive limitation and not a negative one as case law is not an end in itself, but a
means to an end.
3. Lack of Binding Force: ADR processes usually lack binding force except arbitration and
conciliation as the Arbitration and Conciliation Act provides for its bindingness. However, for the
others that have no binding force, the parties can and usually make an effort to reduce the decision
reached in the ADR process into a binding agreement
4. Expensive in the Short Run: ADR is more expensive in the short run.
5. Difficulty in Finding Qualified Personnel: it is more difficult to find qualified personnel to use in
ADR.
The sources of civil litigation law in Nigeria and how each constitutes a source of civil litigation.
1. Constitution of the Federal Republic of Nigeria: the function of the constitution as it relates to it
being a source of civil litigation can be divided into the following:
a. Creation of Courts - Section 230, 237, 249, and 270 of the CFRN 1999 create the Supreme Court,
Court of Appeal, Federal High Court and State High Court respectively.
b. Power to the Courts - The following sections of the Constitution give power to the courts in terms
of jurisdiction: Section 232 and 233 (Supreme Court); Section 239-246 (Court of Appeal); Section
251 (Federal High Court); and Section 272 (State High Court).
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c. Authority to Make Rules - The Constitution prescribes the authority to make rules. For instance,
Section 236 of the CFRN confers power on the CJN to make rules regulating the practice and
procedure in the Supreme Court.
d. Rules on Civil Litigation - The constitution also has rule on civil litigation. For instance, Section
36 of the CFRN on fair hearing and Section 233 of the CFRN on appeal to the Supreme Court.
Enforcement Procedure Rules 2009 made by the CJN pursuant to Section 46(3) of the CFRN
1999; the Court of Appeal Rules 2011 made by the President of the Court pursuant to Section 236
of the CFRN 1999 are procedural rules of court that are enabled by the Constitution.
II. Statutes Creating Courts
Rules of court are also made pursuant to statutes creating the courts. For instance, Section 8 (2) of the
Court of Appeal Act empowers the President of the Court to make rules for the Court. Sometimes,
such statutes contain provisions on practice and procedure in the court e.g. Section 7 of the Supreme
Court Act provides for filing of notice of appeal in civil matter within 14 days of delivery of
interlocutory judgment and 3 months of delivery of final decision; and Section 5 and 56 of the High
Court of Lagos State provides for transfer of cases to Magistrates and from one Judge to another
respectively. As between the statute creating courts and the constitution, the constitution is superior.
III. Rules of Courts
In practice, every court has its own rules that guide practice and procedure of such court. In this like,
there is the Supreme Court Rules made pursuant to Section 236 of the CFRN 1999, Court of
Appeal Rules made pursuant to Section 248 of the CFRN 1999, Federal High Court Rules, State
High Court Rules, down to Sharia and Customary Court Rules. As between the statute creating
court and rules of court, the statute creating court is superior.
IV. Resort to English Rules
Resort to English rules will only be made if an enabling law or the Rules of Court so provides. In most
recent situations, the Rules of Court provide that ―where a matter arises in respect of which no
adequate provisions are made in the Rules, the Court shall adopt such procedure as will in its view
do substantial justice between the parties concerned. See Order 1 Rule 1 (3) High Court of Lagos
State (Civil Procedure) Rules 2012. Thus, in attaining this substantial justice, the court can resort
to any other rule or procedure elsewhere including English rules.
V. Special Statutes on Procedure (Civil)
Aside rules of court, there are statutes which have provisions on civil litigation. These statutes can
cover an aspect of civil litigation e.g. Admiralty. These special statutes and the procedure they
regulate are: 1. The Sheriffs and Civil Process Act/Law and the Judgment (Enforcement)
Rules: 2. Foreign Judgments (Reciprocal Enforcement) Act 1961: 3. Companies and Allied
Matters Act 2020: 4. Company Income Tax Act: 5. Admiralty Jurisdiction Act 1991: 6.
Matrimonial Causes Act and Matrimonial Causes Rules: 7. Fundamental Rights Enforcement
Procedure Rules 2009: 8. Electoral Act; Election Tribunal and Court Practice Direction 2011:
VI. Practice Direction

These are rules and guidelines given by the necessary or appropriate authority when a lacuna exists in
procedure. In the case of University of Lagos v Agiro, Per Bello JSC defined practice direction as
a direction given by the appropriate authority (usually with the same authority that makes the rules)
stating the way and manner a particular rule of court should be compiled with, served or obeyed. To
this extent it is a source of civil procedure. Examples are: 1. Multi-Door Court: A multi-door court
rules is a practice direction. 2.Election Petition: In election petitions, the 1st schedule to the
Electoral Act had nothing like front loading but a practice direction was issued to that effect. 3.
National Industrial Court: In the National Industrial Court, the president introduced front loading
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based on practice direction. Whenever the rules may be short or inadequate the appropriate
authority can quickly issue guideline.
VII. Decisions of Courts on Procedure
There are some rules of procedure that are derived from decision of courts. For instance, the rules
relating to grant of injunctions were developed by the court through its decision. Also, the rule that
require addressing the court before ordering a non-suit. For instance, where there are two motions
before the court of which one will render the suit competent or preserve the suit and the other would
strike it out, the rule is that the court would first hear the motion that would make the suit competent
before the other.
Draw up a list of the ethical issues arising from
(a)The wrong use of the rules of court
Wrong use of court is a breach of Rule 14 RPC
Rule 16 RPC which requires a lawyer to Representing his client competently and with adequate
preparation;
(b) Failure to advise/encourage the parties in an action to use (ADR)

Failure to advise/encourage the parties in an action to use Alternative Dispute Resolution (ADR)
process before embarking on litigation amounts to a breach of Rule 15(3)(d) RPC 2007 which
provides that in his representation of his client, a lawyer shall not fail or neglect to inform his client
of the option of alternative dispute resolution mechanisms before resorting to or continuing
litigation on behalf of his client.
(c) The wrong choice of court

Where an action is filed in the wrong court, the consequences that may arise are:
1. The case will be stroke out
2. Cost may be awarded in favour of the defendant
3. Counsel may be personally liable and made to pay cost to the client
4. Counsel can be sued for professional negligence
5. Action might be statute barred
(d) The consequential sanctions arising from wrong choice of court.

1. Cost may be awarded in favour of the defendant
3. Counsel may be personally liable and made to pay cost to the client
4. Counsel can be sued for professional negligence
CASE STUDIES
Case Study 1:
On 10th November, 2018 Mr Wilson Danladi entered into a contract with the Lagos State Government
to supply and install 10 units of Mikano generators at the sum of N5m per unit. The parties agreed
that the generators will be supplied and installed within 21 days of execution of the contract. He
approached his bank, First Atlantic Bank to withdraw the sum of N50m from his savings account in
order to execute the contract. Unfortunately, the Bank refused to effect payment of the money to Mr
Danladi because he has not registered his details with the bank in line with the CBN directive and as
a result he has not been issued with the BVN number. As a result, Mr Wilson Danladi has not been
able to execute the contract till date.
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(a) The Lagos State Government wants to institute an action in court against Wilson Danladi for breach
of Contract.
(b) Wilson Danladi wants to sue his bank for not allowing him to withdraw money from his savings
account despite the fact that he had enough funds.
(c) Wilson Danladi intends to challenge the CBN directive which requires customers to register details
with their banks and get BVN number.
Answer
(a) The appropriate court to institute an action in court against Wilson Danladi is the Lagos State High
Court since it is a matter between Lagos State Government and an individual relating to breach of
contract.
(b) The appropriate court for Wilson Danladi to sue his bank is either the Lagos State High Court or
the Federal High Court as section 251(1)(d) CFRN 1999 give both the Federal High Court and the
State High Court jurisdiction to entertain action in disputes arising between an individual customer
and his bank in respect of transaction between the individual customer and the bank.
(c) The appropriate court for Wilson Danladi to challenge the CBN directive which requires customers
to register details with their banks and get BVN number is the FHC by virtue of section 251(1)(d)
CFRN 1999 as amended.
Case Study 2:
On October 1st, 2018 Miss Tade Gold was approached by Mr Ola Rascal to be his lover but she turned
him down, a step that did not go down well with him. On her way back from church on the 7 th of
October, 2018, Tade Gold was harassed and assaulted by both Ola Rascal and his police officer
friend, Tony Biggie somewhere in Ikeja, Lagos. In the process she sustained some injuries, her pair
of glasses and I-pad got broken.
(a) Miss Tade Gold is very upset and has briefed you to institute an action in Court against both Ola
Rascal and Tony Biggie for the sum of (i) N250,000 paid as hospital bill for treating her injury, (ii)
N350,000 as cost of replacing her lap top, (iii) N50,000 as cost of getting a new pair of glasses and
(iv) N10 million as general damages for the emotional and mental torture she went through.
(b)What is the procedure for the appointment and removal of Judges in (a) above?
(c) Assuming Miss Tade Gold wants to recover only the following sum from both Ola Rascal and Tony
Biggie namely: (i) N250, 000 paid as hospital bill for treating her injury, (ii) N350,000 as cost of
replacing her lap top, (iii) N50,000 as cost of getting a new pair of glasses and (iv) N8 million as
general damages for the emotional and mental torture she went through. Which court will have
jurisdiction?
(d)How is the judicial officer in (c) above appointed?
(e) Assuming a report was made to the Nigerian Police Force against the police officer Tony Biggie
for sexually harassing a woman and his employment was immediately terminated. Tony Biggie
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feels his employment has been unjustly terminated and now wants to sue the Nigerian Police Force
to seek redress.
Answers
(a)The appropriate court to institute an action on behalf of Miss Tade Gold Ola Rascal and Tony
Biggie is the Lagos State High Court by virtue of section 272(1) CFRN 1999 as amended.
(b) With respect to the Chief Judge of a State, the procedure for the appointment as provided in
section 271(1) CFRN 1999 is to the effect that such appointment shall be made by the Governor of
the State concerned on the recommendation of the National Judicial Council subject to confirmation
of the appointment by the House of Assembly of the State. With respect to other Judges of a High
Court of a State, the procedure as provided under section 271(2) CFRN 1999 is that the Governor
of the concerned State makes such an appointment acting on the recommendation of the National
Judicial Council. In this latter case, the appointment is not subject to confirmation by the House of
Assembly of the State.
As regards removal of the Chief Judge of a State, section 292(1)(a) CFRN 1999 guaranteed the tenure
of office of the judicial officers and he can only be removed from his office or appointment before his
age of retirement by the Governor acting on an address supported by two-thirds majority of the House
of Assembly of the State, praying that he be so removed for his inability to discharge the functions of
his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or
contravention of the Code of Conduct. In the case of other judges, under section 292(1)(b) CFRN
1999, the Governor can only remove such officer if he is acting on the recommendation of the National
Judicial Council that the judicial officer be so removed for his inability to discharge the functions of
his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or
contravention of the Code of Conduct.
(c) The court that will have jurisdiction is the Magistrate Court of Lagos State by virtue of section 28
MCL of Lagos State since the amount involved is not in excess of N10,000,000.
(d)The mode of appointment of Magistrate in Lagos State is by the Lagos State Judicial Service
Commission by virtue of section 4 MCL of Lagos State.
(e) If Tony Biggie wants to sue the Nigerian Police Force to seek redress, the appropriate Court with
jurisdiction is the National Industrial Court as the court conferred with exclusive jurisdiction by
virtue of Section 254 (C) of the CFRN (Third Alteration) Act 2002 to adjudicate on matters
relating inter alia to conditions of work and incidental matters.
Case Study 3:
(a) The National Assembly has just passed a bill into law regarding the 4th amendment of the Electoral
Act despite the withdrawal of his assent to the bill by the President of Federal Republic of Nigeria.
Assuming the President wants to institute an action against the National Assembly for by passing
him and passing the bill into law. In which Court will the action be commenced?
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Answer
The appropriate court would be the Supreme Court of Nigeria by virtue of Section 1(1)(a) the
Supreme Court (Additional Original Jurisdiction) Act 2002 which was enacted by the National
Assembly under the exercise of it power under Section 232 (2) of the CFRN 1999 which empowers
it to confer additional original jurisdiction in respect of civil matters on the Supreme Court.
Consequently, in dispute between the National Assembly and the President, the Supreme Court
shall have original jurisdiction.
(b)Assuming Lagos, Edo and Kano States Houses of Assembly want to sue the National Assembly for
amending the Electoral Act without consultation with the States Houses of Assembly. In which
Court will the action be commenced?
Answer
The appropriate court for the Lagos, Edo and Kano States Houses of Assembly to institute an action
against the National Assembly is the Supreme Court of Nigeria by virtue of Section 1(1)(c) the
Supreme Court (Additional Original Jurisdiction) Act 2002 which was enacted by the National
Assembly under the exercise of it power under Section 232 (2) of the CFRN 1999 which empowers
it to confer additional original jurisdiction in respect of civil matters on the Supreme Court.
Consequently, in dispute between the National Assembly and the President, the Supreme Court
shall have original jurisdiction.
(c) A dispute has arisen between the Lagos State Government and the Federal Government on whether
the Murtala Mohammed International Airport road is a Federal Road or State Road and who
amongst the Government has the duty to repair and expand the road. In which Court will the action
be field?
Answer
The appropriate Court to file such action involving Lagos State Government and the Federal
Government is the Supreme Court by virtue of virtue of Section 1(1)(c) the Supreme Court
(Additional Original Jurisdiction) Act 2002 which was enacted by the National Assembly under
the exercise of it power under Section 232(1) of the CFRN 1999 which gives the Supreme Court
original jurisdiction in disputes between Federal and State Government.
(d) What will be the constitution of the court when hearing the matters in (a), (b) & (c)?
Answer
The constitution of the court when hearing the matters in (a), (b) & (c) above is seven (7), that is, full
court, since the Court is exercising original jurisdiction by virtue of section 234 CFRN 1999 as
amended.
(e) Assuming there is need to appoint 2 additional Judges to the Court in (c) above, how will the
appointment be done?
Answer
The mode of appointing a person to the office of a Justice of the Supreme Court is provided under
section 231(1) CFRN 1999 as amended. Accordingly, such appointment shall be made by the
President on the recommendation of the National Judicial Council subject to confirmation of such
appointment by the Senate.
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Case Study 4:
Mr Titus Ajasa and Mr. Linus Ajasa are brothers. They both reside in Lagos state. Mr. Titus Ajasa is
an Automobile Dealer in Ogun State, while Mr. Linus Ajasa is an automobile engineer with his
workshop in Ikeja, Lagos State. Mr. Linus Ajasa told his brother who wants to buy a vehicle that he
has a client who wants to sell his fairly used Toyota Highlander SUV (latest model) at a price of
N6,000,000. They both met the owner to inspect the vehicle in Ibafo, Ogun State. Thereafter Mr. Titus
Ajasa gave his brother Linus Ajasa the sum of N6,000,000 to complete the transaction.
Unfortunately the owner called to tell them that he does not want to sell it again. Mr. Linus Ajasa
refused to refund the money to Mr. Titus Ajasa despite repeated verbal and written demands. Mr. Titus
Ajasa is so furious because his brother also refused to yield possession of the four storey building
inherited by Mr. Titus Ajasa from their late father.
Mr. Titus Ajasa wants to commence legal action against his brother Linus Ajasa to recover the sum of
N6, 000,000.00 (six million) and also obtain an order of declaration of his title to the four storey
building in Banana Island, Lagos.
(a) Which court(s) will have jurisdiction in the matter and why?
(b)Assuming Linus Ajasa intends to file a counter-claim to contest the validity of the will under which
his brother inherited the 4 storey building. Can the same court(s) in (a) above have jurisdiction in
the matter?
Answer
(a) The court(s) that will have jurisdiction in the matter is the Magistrate Court of Lagos State in
respect of the claim for recovery of money by virtue of section 28(1) of the Lagos State
Magistrate Court (Civil Procedure) Rules 2009. In the second limb, the High Court of Lagos
State is the appropriate court because the parties are resident within the Court‘s jurisdiction.
(b)Yes. If Linus Ajasa intends to file a counter-claim to contest the validity of the will under which his
brother inherited the 4 storey building, Lagos State High Court will still have jurisdiction in the
matter.
Case Study 5:
Mr. Santa Claus whose show room and residence is on Awolowo Way, Ikeja Lagos State sold a bridal
outfit to Mrs. Adamant who lives in Iseri North, Lagos State on the 3rd of July 2018. Mrs Adamant is
still owing Mr. Santa Claus the balance of the purchase price in the sum of N3,000,000.00 (Three
Million Naira) only for the bridal oufit. Mr. Santa Claus is so frustrated because all efforts to recover
the money from Mrs Adamant to solve an urgent personal need have been futile. He is scared to go to
court because of his past experience in court in another matter where the legal fees charged and the
time spent in court defeated the essence of his going to court. A friend advised him to use the police to
arrest Mrs. Adamant.
Is there any way he can recover the money by due process cheaply and expeditiously under the current
legal framework in Lagos State.
Answer
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ADR or multi-door courthouse would be a good option by virtue of section 2 of Lagos State Multi-
Door Courthouse Law.
Case Study 6:
Taikenny Medical Center Limited at 3 Samuel Hosu Street, Ikoyi, Lagos State is located directly
beside Relax Entertainment Studio Limited. Tiakenny Medical Center Limited has lost patronage due
to the incessant and regular loud sound from musical instrument from Relax Entertainment Studio
Limited.
Taikeny Medical Center Limited wants to sue Relax Entertainment for N25 million damages for the
nuisance.
(a) Which court has jurisdiction and why? Back it up with authorities.
Answer
Lagos House High Court is the court with jurisdiction
(b)Will the court chosen by you in (a) above have the power to transfer cases to another court of co-
ordinate jurisdiction where it finds that it has no jurisdiction in the matter?
Answer
Yes. Section 5 and 56 of the High Court of Lagos State provides for transfer of cases to Magistrates
and from one Judge to another respectively. As between the statute creating courts and the
constitution, the constitution is superior.
Case Study 7:
Mrs Bamidele lives in Abuja but bought 3 plots of land at Orimedu, Epe Lagos State from the Omo-
Onile family of Ajah. She commenced construction on the land with frenetic speed as directed by the
Omo-Onile family. While the construction work was going on she discovered that Mr. Iron Bar who
lives Edo State had encroached on part of the land. She wants to sue Mr. Iron Bar for trespass, obtain
injunction to restrain him from further trespass and get N15 million damages for trespass to land.
(a) Which Court will have jurisdiction over the matter?
Answer
State High Court
(b)Will your answer be different if the land is situated in Abuja?

No.
(c) Will the court chosen by you in (b) above have the power to transfer cases to another court of co-
ordinate jurisdiction where it finds that it has no jurisdiction in the matter?
Answer
Order 41, Rule 6 of the Abuja High Court 2018,
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Case Study 8:
Mr Kwesi Apiah is a Ghanian and an international businessman who is an automobile dealer. He
resides in Ikoyi, Lagos. He imported 20 Trucks into Nigeria from Cotonou, Republic of Benin. As his
drivers were driving the trucks into Lagos, Nigeria, the officers of the Nigerian Customs Service
impounded and confiscated all the trucks at Mile 2, Lagos on grounds that Mr Kwesi Apiah did not
pay the proper Customs duties on the trucks. He has also been reported to the Immigration service and
he is about to be deported on ground that he is residing in Nigeria illegally.
Mr Kwesi Apiah now wants to sue the Nigerian Customs to contest that proper import duties were paid
and for his goods to be released. He also wants to sue the Nigerian Immigration Service for perpetual
injunction to restrain them from deporting him back to his country.
(a) Which court(s) will have jurisdiction to hear the matter?
Answer
FHC by virtue of section 251(1)(c) CFRN 1999 as amended.
(b)What will be the composition of the court when hearing the matter?
Answer
At least, one judge – section 253 CFRN 1999 as amended
(c) Assuming the court discovers on the face of the processes filed that it has no jurisdiction to hear the
matter, can the court transfer the matter to another court of competent jurisdiction?
Answer
Yes. The FHC Rule permits such exercise of power.
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WEEK 4
PARTIES TO A CIVIL ACTION
Case Study 1:
On 10th November, 2018 Mr Wilson Danladi entered into a contract with the Lagos State Government to
supply and install 10 units of Mikano generators at the sum of N5m per unit. The parties agreed that the
generators will be supplied and installed within 21 days of execution of the contract. He approached his
bank, First Atlantic Bank to withdraw the sum of N50m from his savings account in order to execute the
contract. Unfortunately, the Bank refused to effect payment of the money to Mr Danladi because he has not
registered his details with the bank in line with the CBN directive and as a result he has not been issued
with the BVN number. As a result, Mr Wilson Danladi has not been able to execute the contract till date.
Wilson Danladi has sued his bank First Atlantic Bank for not allowing him to withdraw the sum of N50
million from his savings account because he has not registered his details with the bank in line with the
CBN directive.
Question
You are to draft ONLY the application by Wilson Danladi to join the Central Bank of Nigeria as a 2nd
Defendant in the matter.
Answer
IN HIGH COURT OF JUSTICE OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: HCL/IKJ/009/221
MOTION NO……………….
BETWEEN
WILSON DANLADI…………………….. CLAIMANT/APPLICANT
AND
1. FIRST ATLANTIC BANK …………….... 1ST DEFENDANT/RESPONDENT
2. CENTRAL BANK OF NIGERIA (PARTY SOUGHT TO BE JOINED).
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 43 RULE 1 AND ORDER 15 RULE 17 OF THE LAGOS
STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2019 AND UNDER THE INHERENT
JURISDICTION OF THE COURT
TAKE NOTICE that this honourable Court will be moved on the______ day of ___________2022 at the
hour of 9 O‗clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant shall heard be
praying the court for the following RELIEFS:
1. AN ORDER joining Central Bank of Nigeria as Codefendant in this suit.

2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable Court may deem fit to make
in the circumstances.
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NOTE: for existing/pending suit, it should have a suit number. Usually, no suit number is provided for you, for the purpose
of the exam, you are to improvise
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Dated this…11th…. day of……January….. 20222.
Isaac O. Wisdom Esq.

APPLICANT’S SOLICITOR
For: Wisdom & CO.,
No. 1 NLS Road, Agbani, Enugu.
comradewisdom@gmail.com
FOR SERVICE ON:
1) Emeka Salami Esq
1st DEFENDANTS SOLICITOR
KINGS ASSOCIATES
No. 17 Olorogun Drive, Ikeja, Lagos.
2.) Central Bank of Nigeria

2ND DEFENDANT
21, Opebi Avenue,
Ikeja, Lagos.
Case Study 2:
On October 1st, 2018 Miss Tade Gold was approached by Mr Ola Rascal to be his lover but she turned him
down, a step that did not go down well with him. On her way back from church on the 7th of October, 2018,
Tade Gold was harassed and assaulted by both Ola Rascal and his police officer friend, Tony Biggie
somewhere in Ikeja, Lagos. In the process she sustained some injuries, her pair of glasses and I-pad got
broken.
Miss Tade Gold has instituted an action against ONLY Ola Rascal for the total sum of (i) N250,000 paid as
hospital bill for treating her injury, (ii) N350,000 as cost of replacing her lap top, (iii) N50,000 as cost of
getting a new pair of glasses and (iv) N10 million as general damages for the emotional and mental torture she
went through.
Question
You are to draft an application to join Tony Biggie as a party in order to bear eventual liability in the matter.3
Answer
IN HIGH COURT OF JUSTICE OF LAGOS STATE
HOLDEN AT IKEJA
SUIT NO:HCL/IKJ/009/22.
MOTION NO4………………
2
Note also that you must date your application. Absence of date renders the suit a nullity.
3
The word "in order to bear eventual liability" shows that it is a third party procedure. Consequently, it should be brought via
motion ex parte. In ex parte application, there is no need for address for service since the other party is not put on notice.
4
Is is the duty of the court to insert motion number on your application.
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BETWEEN
MISS TADE GOLD ………… CLAIMANT/APPLICANT
AND
OLA RASCAL ……………… 1ST DEFENDANT
TONY BIGGIE……………… PARTY SOUGHT TO BE JOINED
MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 15 RULE 1 OF THE LAGOS STATE HIGH COURT (CIVIL
PROCEDURE) RULES, 2019 AND UNDER THE INHERENT JURISDICTION OF THE COURT
TAKE NOTICE that this honourable Court will be moved on the______ day of ___________2022 at the hour
of 9 O‗clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant shall be praying the
court for the following RELIEFS:
1. AN ORDER granting leave to the ...... to serve a third party (Tony Biggie) as Co-defendant in this suit.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable Court may deem fit to make in
the circumstances.
Dated this…11th…. day of…January... 2022.

Isaac O. Wisdom Esq
Wisdom & CO.,
No. 1 NLS Road, Agbani
Enugu.
Case Study 4:
Mr Titus Ajasa and Mr. Linus Ajasa are brothers. They both reside in Lagos state. Mr. Titus Ajasa is an
Automobile Dealer in Ogun State, while Mr. Linus Ajasa is an automobile engineer with his workshop in
Ikeja, Lagos State. Mr. Linus Ajasa told his brother who wants to buy a vehicle that he has a client who wants
to sell his fairly used Toyota Highlander SUV (latest model) at a price of Six Million Naira (₦6,000,000).
They both met the owner to inspect the vehicle in Ibafo, Ogun State. Thereafter Mr. Titus Ajasa gave his
brother Linus Ajasa the sum of Six Million Naira (₦6,000,000) to complete the transaction.
Unfortunately the owner called to tell them that he does not want to sell it again. Mr. Linus Ajasa refused to
refund the money to Mr. Titus Ajasa despite repeated verbal and written demands.
Mr Titus Ajasa has instituted an action against both his brother Mr Linus Ajasa and Mr Rat Morrison the
owner of the Toyota Highlander SUV for a specific performance of the contract of sale or in the alternative, a
refund of his N6 million and N10 Million as general damages for breach of contract. However, Mr Morrison is
of the view that he should not be a party to the action in the first instance because he did not enter into any sale
agreement with Mr Titus Ajasa.
13
Draft an application by Mr Rat Morrison to strike out his name as a 2nd defendant from the suit for mis-joinder
of party.
Answer
IN THE HIGH COURT OF LAGOS STATE
HOLDEN AT IKEJA
SUIT NO: HC/LAG/01/2022
Motion NO......................
BETWEEN
MR RAT MORRISON ………….APPLICANT/2ND DEFENDANT
AND
1. MR TITUS AJASA………… 1ST RESPONDENT/CLAIMANT
2. MR. LINUS AJASA……….. 2 RESPONDENT/1ST DEFENDANT
ND
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 43 RULE 1 AND ORDER 15 RULE 17 OF THE LAGOS STATE
HIGH COURT (CIVIL PROCEDURE) RULES AND UNDER THE INHERENT JURISDICTION OF THE
COURT
TAKE NOTICE that this honourable Court will be moved on the……day of ……...2022 at the hour of 9
O‗clock in the forenoon or so soon thereafter as Counsel to the Defendant/Applicant may be heard praying the
court for the following RELIEFS:
1. AN ORDER striking out 2nd defendant in this suit.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable Court may deem fit to make in
the circumstances.
Dated this…12th… day of…January... 2022.

Isaac O. Wisdom Esq.
Wisdom & CO.,
Enugu.
FOR SERVICE ON:

1) Emeka Salami Esq
CLAIMANT/RESPONDENT’S SOLICITOR
KINGS ASSOCIATES
2.) Olusola Ajayi

1st DEFENDANT‘s solicitor
21, Opebi Avenue,
Ikeja, Lagos.
14
Case Study 3 (C)
The Lagos State Government has instituted an action against the Ministry of Works and Housing for an order
of court compelling the Ministry to carry out repair works on the Murtala Mohammed International Airport
Road as a matter of urgency. The Lagos State Government now wants to join Chin Chung Construction Co.
Ltd as 2nd defendant in the action.
Draft an application to join Chin Chung Construction Co. Ltd as a 2nd defendant in the action.
Answer
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: LS/HC/0015/22.
MOTION NO………………….
BETWEEN
ATTORNEY GENERAL OF LAGOS STATE …CLAIMANT/APPLICANT
AND
MINISTRY OF WORKS AND HOUSING …….. 1ST DEFENDANT
CHIN CHUNG CONSTRUCTION CO. LTD…… 2ND DEFENDANT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 43 RULE 1 AND ORDER 15 RULE 17 OF THE LAGOS STATE
HIGH COURT (CIVIL PROCEDURE) RULES, 2019 AND UNDER THE INHERENT
JURISDICTION OF THE COURT
TAKE NOTICE that this Honourable Court will be moved on the______ day of ______2022 at the hour of 9
O‗clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant shall be praying the court
for the following RELIEFS:
1. AN ORDER joining Chin Chung Construction Co. Ltd as Codefendant in this suit.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as this honourable Court may deem fit to make in
the circumstances.
Dated this…12th… day of…January…2022.
Isaac Osaro Wisdom Esq
Wisdom & CO.,
Enugu.
FOR SERVICE ON:

1) Emeka Salami Esq
1st DEFENDANTS SOLICITOR
KINGS ASSOCIATES
2.) Chin Chung Construction Co. Ltd

2ND DEFENDANT
15
21, Opebi Avenue,
Ikeja, Lagos.
Case Study 7:
Mrs Bamidele lives in Abuja but bought 3 plots of land at Orimedu, Epe Lagos State from the Omo-Onile
family of Ajah. She commenced construction on the land with frenetic speed as directed by the Omo-Onile
family. While the construction work was going on she discovered that Mr. Iron Bar who lives in Edo State had
encroached on part of Mrs Bamidele land. Mr. Iron Bar also encroached on another 5 plots of land belonging
to the Omo-Onile family which is adjacent to the one sold to Mrs Bamidele.
The Omo- Onile family want to institute an independent action against Mr. Iron Bar for a declaration of title to
another 5 plots of their land which is adjacent to the one sold to Mrs Bamidele.
Draft an application for leave of court for Sunday Dagbolu and Jimoh Alabe to represent 5 the Omo-Onile
family in the action.

IN THE EPE JUDICIAL DIVISION
HOLDEN AT EPE
SUIT NO.HC/LG/EP/0043/22
MOTION NO________
BETWEEN
1. SUNDAY DAGBOLU
2. JIMOH ALABE (Suing for themselves and on behalf of the Omo-Onile family of Ajah, Lagos State) -
APPLICANTS/CLAIMANTS
AND
MR. IRON BAR………………….. DEFENDANT/RESPONDENT
APPLICATION TO COMMENCE AN ACTION IN A REPRODUCTIVE CAPACITY

BROUGHT PURSUANT TO ORDER 15 RULE 13 OF THE HIGH COURT OF LAGOS STATE
(CIVIL PROCEDURE) RULES, 2019 AND UNDER THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT
TAKE NOTICE that this Honourable Court may be moved on the…… day of……….2022 at the hour of 9
o‗clock in the forenoon or so soon thereafter as counsel on behalf of the Applicants will be heard for the
following —
1. AN ORDER of this honourable court granting leave to the claimants/applicants to bring or commence this
suit in a representative capacity for themselves and on behalf of the Omo-Onile family of Ajah, Lagos State.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in
the circumstances.
Dated this…11th…. day of…January….. 2022.

Isaac Osaro Wisdom Esq
APPLICANTS’ SOLICITOR
Wisdom & CO.,
5
This is a representative action and by rule it has to be by motion ex parte.
16
Enugu.
Case Study 3(a):

The National Assembly has just passed a bill into law regarding the 4th amendment of the Electoral Act despite
the withdrawal of his assent to the bill by the President of Federal Republic of Nigeria. Assuming the President
wants to institute an action against the National Assembly for by-passing him and passing the bill into law.
Draft ONLY the title portion of the Originating Summons reflecting the names of the parties in each of the
case
Answer
IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
S.C NO: SC/0099
Suit NO: SC/90/134/22
BETWEEN
ATTORNEY GENERAL OF THE FEDERATION………..CLAIMANT
AND
NATIONAL ASSEMBLY ………………………………DEFENDANT
Case Study 3(b):

Assuming Lagos, Edo and Kano States Houses of Assembly want to sue the National Assembly for amending
the Electoral Act without consultation with the States Houses of Assembly.
Draft ONLY the title portion of the Originating Summons reflecting the names of the parties in the case.
IN THE SUPREME COURT OF NIGERIA

HOLDEN AT ABUJA
S.C NO: SC/0099
SUIT NO: SC/90/134/22
BETWEEN
1. SPEAKER OF LAGOS STATE HOUSE OF ASSEMBLY
2. EDO STATE HOUSE OF ASSEMBLY
3. SPEAKER OF KANO STATE HOUSE OF ASSEMBLY ……..PLAINTIFFS
AND
NATIONAL ASSEMBLY …………………………DEFENDANT
(6ii). Tade Risky, a 13 year old girl wants to commence an action against Dr. Jide Adams and the Lagos
University Teaching Hospital (LUTH) a statutory body as 1st and 2nd Defendants respectively for N2.5 million
special damages and N50 million general damages as a result of a permanent disability that she sustained on
her left leg as a result of the negligence of Dr. Jide Adams during an operation that was performed on her. And
she is also suing her school Chrystal Bell Secondary School which is registered as incorporated trustees under
part F of CAMA 2020 as a 3rd defendant in the action for asking the hospital to perform the operation on her
without her parent‘s consent. Mrs Hosu Risky is Tade Risky‘s mother.
17
You are to draft the title portion of the Writ of summons indicating the heading of the court up to parties to the
action.
Answer

HOLDEN AT IKEJA
SUIT NO. HC/LG/KJ/0096/22.
MOTION NO________
BETWEEN
1. TADE RISKY………………………..
(AN INFANT SUING THROUGH HER GUARDIAN MRS HOSU RISKY)
...........CLAIMANT/APPLICANT
AND
1. DR. JIDE ADAMS………………………………... 1ST DEFENDANT
2. LAGOS UNIVERSITY TEACHING HOSPITAL (LUTH) …………………………....... 2ND
DEFENDANT
3. REGISTERED TRUSTEES OF CHRYSTAL BELL SECONDARY SCHOOL …. 3RD DEFENDANT
(6iii). Jackie Small is a donee of a power of Attorney given to him by Paul Donley as his agent to manage his
property. Jackie Small wants to commence an action against Mr Trouble Shooter at the Lagos High Court,
Igbosere, Lagos to recover the sum of N15m which he is owing as rent in respect of his tenancy in Paul
Donley‘s property. You are to draft the title portion of the Writ of Summons showing the heading of the court
up to parties to the action.
Answer

IN THE IGBOSERE JUDICIAL DIVISION
HOLDEN AT IGBOSERE
SUIT NO. HC/LG/GB/0034/22.
MOTION NO________
BETWEEN
PAUL DONLEY………
(Suing through his lawful attorney, Jackie Small) ..... CLAIMANT
AND
MR TROUBLE SHOOTER……………………………... DEFENDANT
18
i. You are to briefly discuss the following:–
(a) Differences between third party procedure and joinder of parties; and
(b) Differences between Class Action and Representative Action
(c) The ethical issues in suing and joinder of the wrong parties in an action.
Answer (a)
Third party proceeding is a procedure whereby a defendant (or a claimant who is a defendant to a
counterclaim) applies to bring in a third party.
In third party proceeding, the defendant asserts a claim against the third party which is related to the claim the
claimant has against the defendant. For instance, Emeka who is a defendant in an original action in a suit for
declaration of title to land brought by Nnamdi, asserts that Chinedu pledged the land in question to him and
therefore applies to bring in Chinedu. When joined, the third party (Chinedu in our example) becomes the
defendant`s (Emeka) defendant. It is in effect a new suit between the defendant in the original action and the
third party.
On the other hand joinder of parties has to do with a situation where two or more persons are joined in one suit
as claimants or defendants to prosecute or defend their common reliefs jointly. Joint claimants must have the
same interest in the subject matter. They are not allowed to bring conflicting claims. It is also desirable that
they act by one counsel.
The major differences are discussed below:

No Third Party Proceedings Joinder of Parties
1. Third party procedure is a specie of joinder of a party.Not all joinder of a party amounts to third
party proceeding
2. Provided for under O 15 R 19(1) Lagos, Provided for under O 15 R 1&4 Lagos
and Order 13 Rule 21 Abuja and O 13 R 1 & 4 Abuja.
3. Applies to contracts, insurance, joint tortfeasor and inApplies
cases to all kinds of action
where the court thinks that the third party will bear eventual
liability either in whole or in part.
4. Application is by motion ex parte. Application is by motion on notice.
Similarities
S/No Third Party Proceedings Joinder of Parties
1. The aim of third party proceeding is to avoid The aim of joinder is to avoid multiplicity of
multiplicity of parties, to save time and cost parties, to save time and cost and to avoid
and to avoid abuse of court process. abuse of court
process
19
2. Party(ies) sue or defend action in Party(ies) sue or defend action in
their individual names and on behalf of their individual names and on behalf of
themselves themselves.
Answer (b)
Representative action is a type of action where a person(s) sue or defend an action in their individual names
but on behalf of a group of persons having a common interest in the action.
The judgment in a rep action is binding to all, both the representatives and the represented, including those
whose names do not appear individually on the writ, provides they fall the membership of the group
represented. Oketie v. Olughor (1995)
Class Action differs from Representative Action in different respects.
S/No. Class Action Representative Action
1. Set out under O 13 R 15 Abuja, and Provided in O 13 R 14 Abuja &
Order 15 Rule 13 Lagos. O 15 R 12 Lagos.
2. The Represented need not to have previously The Representative(s) must have prior written
authorizes the Representative. authority of the Represented
3. Leave of court not necessary The Representatives must obtain leave of court.
4. Class action is a specie of representative Not all Rep actions are class action but all class
action. actions are rep actions.
5. The persons that may be commonly interested The persons represented must be easily
(represented) in the subject matter of the action ascertained
are so numerous that they may not be easily
ascertained.
6. The number of persons involved in a class The number of persons involved in a rep action
action is usually more than those involved in is usually less than those involved in class
some other types of action.
representative action.
Answer (c)
The ethical issues in suing and joining the wrong parties in an action are:
1. A violation of Rule 14 RPC 2007 which requires a lawyer to devote his attention, energy and expertise to the
service of his client.
2. A violation of Rule 15 RPC 2007 which requires a lawyer to represent his client within the bounds of law.
3. A breach of Rule 14 RPC 2007 which requires a lawyer to represent his client competently as he is not
expected to handle a legal matter which he knows or ought to know that he is not competent to handle, without
associating with him a lawyer who is competent to handle it, unless the client objects. He is not to handle a
legal matter without adequate preparation.
4. Lack of due diligence, and this amounts to professional misconduct or negligence - Rule 16 RPC 2007.
5. Cost may be awarded against the lawyer for bringing a party to court unnecessarily.
20
WEEK 5
PRELIMINARY CONSIDERATION BEFORE COMMENCEMENT OF ACTION &
COMMENCEMENT OF ACTIONS IN THE MAGISTRATE COURT
Case Study 1:
In March, 2018, the Plaintiff, Mrs. Kayuba Ada, entered into a contract in Lagos with Agricultural Bank
PLC to supply five hundred tons of Cashew nut worth N10,000,000:00 (Ten million Naira) only to the Bank
for onward exportation to Malaysia. The term of the contract is that down payment of N3,000,000:00 will be
made before the exportation and that the balance will be paid when the goods reaches its destination.
Subsequent to this, Mrs Ada received the sum of N3,000,000:00 and supplied the goods to its destination in
Malaysia.
Since then, Agricultural Bank has refused to pay Mrs Ada the balance sum despite letters of repeated
demands sent. However, on 1st June, 2015 Agricultural Bank wrote a letter to Mrs Ada of its decision not to
pay the balance because the goods supplied were inferior to the standard requested for. Mrs Ada has now
instructed you to commence proceedings against Agricultural Bank claiming the balance of N7,000,000:00,
N2,000,000:00 special damages and N700,000:00 as general damages.
Answer
Action would be by claim supported by particulars of claim
Action would be commenced in Lagos
Claim and particulars of claim for filing in the relevant Courts
IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE LAGOS MAGISTERIAL DISTRICT
HOLDEN AT LAOS
CLAIM NO:………….
BETWEEN
MRS. KAYUBA ADA ………………………………… CLAIMANT
AND
AGRICULTURAL BANK PLC …………………………… DEFENDANT
.
.
.
Claim:
The claimant in this case hereby claim as follows:
21
1. The claimant claims the balance of N7,000,000:00, N2,000,000:00 special damages and
N700,000:00 as general damages
Reliefs:
Dated the ….. Day ….. 20…
Particulars of claim
The defendant is a …..

The defendant
The claimant is ….
The claimant supplied …
The defendant had failed and objected to… …despite several demands
The defendant owe the claimant the sum of …..
Whereof the claimant claims as follows
Case Study 2
City links Transport Company limited is a thriving transport company with a fleet of buses and has its
registered office at No. 1 Oniru Road, Suru-Lere Area, Lagos. Mr. Darlington Okoye (a.k.a. Osama) is one
of the drivers of the company. On the 14th of February, 2015, Dr. Henry Obama, a Consultant Physician at
the Gnenral Hospital, Ikeja, was travelling, from Ikoyi to Ikeja in his brand new Mercedes Benz ML 340
jeep car with Registration Number ABJ 999 IKJ, which he bought for Eight Million Naira (N8,000.000. 00)
only. On getting to Yaba Junction of the Third-Mainland Bridge, Dr. Henry Obama who was then driving at
a speed of 120 KM per hour noticed a motor cycle rider attempting to cross the road and applied his break to
avoid hitting him. Immediately, Dr. Henry Obama was hit from behind by a bus belonging to City Links
Transport Company Limited and driven by Mr. Danlington Okoye (a.k.a Osama).
Dr. Henry Obama‘s car was badly damaged as a result of the accident. In fact, it was a write-off. Dr. Henry
Obama also sustained serious injuries and had to be rushed to the Lagos State University Teaching Hospital,
(LUTH), Idi-Araba, Lagos, where he received treatment and was discharged after one week. The treatment,
in all, cost him One Hundred Thousand Naira (N100,000.00) only, for which the hospital issued him a bill
and a receipt.
Dr. Henry Obama has now instructed you to commence an action for negligence against Mr. Darlington
Okoye (a.k.a Osama) and City Links Transport Company Limited claiming general damages to the tune of
22
Five Hundred Thousand Naira (N500,000.00) only, and special damages of Eight Million and One Hundred
Thousand Naira (N8,100,000.00) only for the replacement of his damaged car and treatment.
Case Study 3
Crown Kitchen Ltd wants to institute an action against K & T Ltd seeking a declaration that the contract
between them and the partnership entered into by the parties was still valid and subsisting. Crown Kitchen
also sought an order of perpetual injunction restraining K & T Ltd from converting 20 vehicles to its sole use
and sought an order directing a division of the vehicles among the parties.
Crown Kitchen Ltd also sought for payment of the sum of N9.9 million being proceeds of a contract
performed by the parties from March 2016 to December 2018. The agreement between the parties had been
entered into in Ikeja, although the actual performance of the contract was intended to be in Ikoyi, Lagos
where K & T had its offices. You have now been instructed as Counsel to institute the action.
23
WEEK 6
COMMENCEMENT OF ACTION IN THE HIGH COURT
TASKS:
CASE STUDY 1:
On the 1st day of April 2020 Mr. Emeka Henry a farm produce business man trading under the
business name of Emeka Henry & Sons with his registered office at Cowry Street, Lekki, Lagos State
entered into a contract with Goodies Sugar Plc whose registered office is at Kirikiri Road, Apapa,
Lagos to supply 25 trailer loads of Sugarcane worth N70 million. The terms of the agreement as
stated in Clauses 4 & 5 of the contract agreement provide that:
4. The supplier shall supply the 25 trailer loads of Sugarcane to the purchaser on or before the 30 th
day of June 2020.
5. That down payment of N35 million being 50% of the contract sum will be made by the purchaser
to the supplier before the supply and the balance will be paid upon delivery at the refinery on the 30 th
day of June 2020.
Goodies Sugar Plc paid the deposit of N35 million to Mr Emeka Henry who thereafter delivered 20
trailer loads of Sugarcane within the time agreed upon. However, while the remaining 5 trailer loads
of Sugarcane were in transit, there was a traffic lock-jam along the Apapa-Oshodi Expressway due to
a burning fuel tanker. Consequently Mr Emeka Henry could not deliver the remaining Sugarcane until
the 5th day of July 2020.
Goodies Sugar Plc refused to pay Emeka Henry the balance of N35 million despite the fact that they
accepted delivery of the goods. On the 12th day of July, 2020 the Managing Director of Goodies
Sugar Plc wrote a letter to Mr Emeka Henry stating that the Company has decided not to pay the
balance because the sugar cane in the last 5 lorry loads supplied were not of good quality and did not
meet the standard requested by the company. Emeka Henry does not agree with the position taken by
the Company and has written several letters of demand asking Goodies Sugar Plc to pay him his
balance but all efforts at getting the Company to pay fell on deaf ears. Emeka Henry really needs to
recover the money in order to pay back the loan he obtained from First Atlantic Bank when he was
going to execute the contract.
Mr Emeka Henry has now instructed you to commence an action against Goodies Sugar Plc in court
to recover the outstanding sum of N35 million and interest thereon at the rate of 21% per annum until
payment is made. He also wants to claim N25 million general damages for the stress, mental torture
and inconvenience that he has gone through as a result of Goodies Sugar Plc depriving him of his
money.
1. Prepare the necessary Originating process(es) for the commencement of the action in the case
study stated above.
24
Answer
The originating process here is writ of summons because we need to go to trial – Doherty v.
Doherty, DSS v. Agbakoba

HOLDEN AT LAGOS
SUIT NO:…….....
BETWEEN
EMEKA HENRY
(trading under the name and style of Emeka Henry & Sons)
.........................................................................................................................CLAIMANT
AND
GOODIES SUGAR PLC................................................................................DEFENDANT
TO: Goodies Sugar Plc of No. 12 Kirikri Apapa, Lagos State
In the Lagos Judicial Division of Lagos State
You are hereby commanded that within forty-two days after the service of this writ on you,
inclusive of the day of such service, you do cause an appearance to be entered for you in an
action at the suit of the claimant; and take notice that in default of your so doing the claimant
may proceed therein and judgment may be given in your absence.
Dated this 24th day of January 2022
……...............................
Registrar
Memorandum to be subscribed on the writ
N.B. This writ is to be served within six calendar months from the date of issuance, or, if
renewed, within three calendar months from the date of the last renewal, including the day of
such date and not afterwards. The defendant may enter appearance personally or by legal
practitioner either by handing in the appropriate forms, duly completed, at the Registry of the
High Court in which the action is brought or by sending them to the Registrar by registered post.
ENDORSEMENTS (to be made at the back of the writ before issue)
The claimant claims against the defendant:
1. A DECLARATION that the contract between the claimant and the defendant is valid and
subsisting
2. PAYMENT of the outstanding sum of N35,000,000 (Thirty-Five Million Naira Only) payable
from the contract entered into with the defendant and which the defendant has failed to pay
irrespective .
3. INTEREST on the sum of N35,000,000 (Thirty-Five Million Naira Only) at the rate of twenty-
one percent per annum until the judgment debt is satisfied.
4. GENERAL DAMAGES in the sum of N25,000,000 (Twenty-Five Million Naira Only) for
stress, mental torture and inconvenience as a result of the defendant‘s breach of contract.
This writ was issued by Abby Gospel Esq. of Abby Gospel & Associates whose address for
service is No.2 Law School Drive, Victoria Island, Lagos, Lagos State, legal practitioner for the
said claimant who resides at No. 3 Law School Drive, Victoria Island, Lagos, Lagos State.
Dated this 24th day of January, 2022
25
……………………….
Abby Gospel Esq
CLAIMANT‘S COUNSEL
Abby Gospel & Associates
No. 10 Ozumba Mbadiwe,
Victoria Island, Lagos State
09092099466
abbygospel1@gmail.com
FOR SERVICE ON:

The Defendant
Goodies Sugar Plc
No. 15 Kirikiri Road, Apapa
Lagos State.
Indorsed as to Service
This writ was served by me…………….on the defendant accompanied by:
1. Statement of claim
2. List of witnesses to be called at the trial
3. Written statements on oath of the witnesses except witnesses on subpoena
4. Copies of every document to be relied on at the trial
5. Pre-action protocol Form 01
By Personal service on the___day of__20__
Indorsed the ........................ day of ......................... 20......
……………..
(Signed)
……………….
Address for service
2. Assuming the parties reside in Abuja and the contract was entered into in the FCT Abuja, state out the
necessary court processes that you will prepare for filing at the time of commencing the action.
Answer
Writ of summons
Statement of claim
List of witnesses to be called
Written statement on oath of witnesses except those on subpoena
….
3. Draft the Court process by which a counsel in Abuja will show the court that the parties have been
appropriately advised as to the relative strength or weakness of their respective cases.
Answer
.
4. Assuming the action in (1) above is simply for interpretation or construction of clauses 4 & 5 of the
contract agreement (without any dispute as to facts), prepare the necessary processes for the
commencement of the action.
26
5. Assuming the defendant in (1) above resides in FCT Abuja, and the Claimant has commenced an
action against it in Lagos, state the step(s) if any that the Claimant is required to comply with in order
to properly effect service of the originating processes on the defendant in FCT Abuja.
6. Assuming the defendant in (1) above could not be served with the originating processes in the last 5
months after filing and you realised that the processes may not be served until the 7 th month, prepare
the necessary application to ensure that the processes remain valid until the time of service.
7. Assuming the defendant in (2) above could not be served with the court processes and all efforts to
get it served with the originating processes have proved abortive due to the fact that the defendant has
been evading service, prepare the necessary application to ensure that the processes are served on it.
8. Prepare the memorandum of appearance to be filed by the defendant in (1) above.
Order 11, Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2019.
HOLDEN AT LAGOS
SUIT NO: HCL/018/22
BETWEEN:
EMEKA HENRY (trading under the name and style of Emeka Henry & Sons) -----
Claimant
AND
GOODIES SUGAR PLC --------------------------------------------------- Defendant
MEMORANDUM OF APPEARANCE
Please enter UNCONDITIONAL APPEARANCE for Goodies Sugar PLC sued as Defendant in
this suit.
Dated 24th day of January 2022.

……………….
Victor Daniel Esq.
Daniel & Associates
Defendant‘s Counsel
0901 222 3333
dan@danielandassociates.com
FOR SERVICE ON:
Victory Daniella Esq.
Victory & Associates
Claimant‘s Counsel
0801 222 4444
victory@victoryandassociates.com
27
9. Assuming the Defendant in (1) above wants to challenge the service of the writ on it because it is not
properly endorsed with the claim, by what mode(s) if any can this be done in court.
This can be done in three ways, namely
By entering a conditional appearance – Homan v. Kigo Brothers Ltd
The defendant may not enter appearance at –
He does not enter appearance but files – AG Eastern Nigeria v. AG Lagos.
10. Draw up and briefly explain the ethical implications of:

a. commencing an action by the wrong procedure,
answer
Rule 16(1) RPC – competency
Rule - Dedication .
b. non or improper service of originating processes.
Answer
Rule 32(3) RPC – avoid abuse of court process
Rule 30 – non-service can affect the admin of justice ,
c. delay in raising objection to non compliance with the rules
answer
competence
devotion,
d. filing of frivolous actions
answer
Rule 30 RPC –
e. abuse of court process.

Answer
Rule 32(1)(k) – abuse of court process.
CASE STUDY 2:
KAS Transport Ltd with registered office at No 1, KAS Close, Wuse, FCT Abuja, carries on the
business of haulage of petroleum products and other goods across Nigeria. The company is the
holder of current account No. 0020035790 with the Abuja Branch of Matrix Bank PLC, one of
the commercial banks in Nigeria with registered/head office at No 114, Marina, Lagos. The
Abuja Branch of the Bank is located at Plot 5, Bank Street, Garki, Abuja.
By a letter of offer dated 28th October, 2015 duly accepted by the company, a credit facility in
the sum of N60, 000,000 (Sixty Million Naira) was granted to the company by the Bank payable
over a period of 24 months at the interest of 20% per annum for the purpose of part -financing the
acquisition of 6 trucks for movement of petroleum products by the company. Pursuant to that
agreement, 6 DAF trucks were purchased with registration Nos. XU215JJJ, XU216JJJ,
XU217JJJ, XU218JJJ, XU219JJJ and XU210JJJ. The trucks were registered in the joint names of
the company and the bank but remained in the exclusive possession of the company.
Clause 7 of the letter of offer stipulates that the company shall pay principal and interest by 24
28
equal instalments whilst clause 8 provides that failure to pay any instalment within 7 days of its
falling due shall entitle the Bank to repossess the trucks.
When the company found it difficult to pay the required instalments, it entered into negotiation
with the Bank sometime in January, 2016 for the purpose of spreading the payment over a period
of 48 months instead of 24 months. Whilst this negotiation was going on, the Bank‘s debt
recovery agent, Flash Services Ltd seized the truck and detained them for 3 months in an open
yard where they were exposed to vagaries of weather. Eventually a new agreement was reached
to spread payment over 36 months and the trucks were released to the company but by this time
all the tyres had gone bad, several of the engine parts had become unserviceable and several
body parts had started falling apart. Therefore, the trucks no longer have the capacity to earn any
income which can be used to repay the loan. The company contends that it had been deceived
into entering into the new agreement as the state of the trucks had been concealed from it.
The company is therefore contemplating suing the Bank for N100m damages for negligence in
its handling of the trucks and fraudulent misrepresentation. You have been briefed by Kas
Transport Ltd
1. What is the appropriate venue for commencing this action and why?
Answer
Either in the Lagos State High Court – Order 4, or in the High Court of the Federal Capital
Territory, Abuja – Order 3
The reason is because is it a contractual matter. In contractual matter, the rule is that the court
that will have jurisdiction is where the contract ought to be performed or where the defendant
carries on business. The defendant RREANSACT Business in Abuja
2. By what mode will you commence the action above and why?
Answer
Writ of summons. Because the matter is going to be contentious – Doherty v. Doherty, DSS v.
Agbakoba.
3. Draft the relief paragraph as will be endorsed on the process identified above.
Answer
The process is writ of summons
The Claimant claims against the Defendant:
1. A DECLARATION that the second contract between the Claimant and the Defendant is
invalid and unenforceable.
2. A declaration that the defendant was negligence in the handling of the trucks
3. GENERAL DAMAGES in the sum of N100,000,000 (Hundred Million Naira Only) as a
result of the Defendant‘s negligence and fraudulent misrepresentation.
4. Cost of action
4. List the documents that will accompany the process identified in 2 above.
Answer
O. 2 R. 2 Abuja
29
Since this is a writ of summons, the document will be
1. Statement of claim
2. Witness statement on oath
3. Pre-action counselling Form 6
4. Order 5 Rule 1(3) Abuja
5. Where one of the documents in 4 above was inadvertently omitted, when the suit was filed.
What is the effect of such omission on the suit, if it was commenced at the High Court of the
Federal Capital Territory, Abuja?
Answer
It will be treated as a mere irregularity – Nwabueze
O. 5 R. 1
.
6. Assuming the suit was filed at the High Court of Lagos State, would your answer in 5 above
be the same?
Answer
My answer will not be different – O. 5 R. 1 – it will go to a nullity
.
7. Supposing also that Matrix Bank PLC is to be served in Lagos State, the suit having been
commenced in the High Court of the Federal Capital Territory, Abuja. Highlight the conditions
to be satisfied in order to properly serve the process.
Answer
By section 7 SCPA, endorsed by the Registrar that it is to be served out of jurisdiction.
30 days would be given for entry of appearance unless a rule of court provides a longer period.
In the instant case, Matrix would be given a period of 30 days to enter appearance.
.
8. Assuming the trucks had been seized on a Sunday the 7th of February, 2021 though the
company had concluded arrangement to make necessary payment of the instalment for the month
of January, 2021 on Monday the 8th of February, 2021. Identify with reason the appropriate
Originating Process to be filed on behalf of the company for the interpretation of clauses 7 and 8
of the letter of offer. (No other facts are in dispute between the parties). What documents must
accompany the process identified.
Answer
The correct process is originating summons. This is because the matter is for interpretation od
document. The documents that will accompany it are affidavit, all exhibits to be reliecon, a
written address and…
.
9. Assuming the transaction took place in Lagos State and the accrued principal and
interest is now N200m, explain in numbered paragraphs the procedure you will adopt to
obtain judgment after trial by the quickest means possible under the rules on behalf of the
Bank.
Answer
30
The appropriate procedure would be the FAST TRACK PROCEDURE
ORDER 59 OF HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES, 2019*
1. *Objective.*
The main objective of the Fast Track procedure is to reduce the time spent on litigation to a
period not exceeding nine (9) months from the commencement of the action till final Judgment.
2. Cases qualified for Fast Track.*
A suit shall qualify for fast track where the:

(a) Action is commenced by Writ of Summons; and
(b) Claim or counterclaim is for liquidated monetary relief of a sum not less than N
100,000,000.00 (One Hundred Million Naira); or
(c) claim involves a mortgage transaction, charge or other securities
3. *Marking and payment of Filing Fees.*
Where a case satisfies any of the criteria in Rule 2 of this Order, the Assistant Chief Registrar or
any other person in charge of the Litigation Section shall cause the Originating Process to be
marked ―QUALIFIED FOR FASTTRACK‖ and direct the Applicant to pay appropriate filing
fees.
4. *Service of Originating Process*.
The Originating Process under this Order shall be served within fourteen (14) days of filing.
5. *Filing of Defence and Reply.*
(1) Upon service of the Originating Process the Defendant shall file his
Statement of Defence and other frontloaded processes within 30 (thirty)
days.
(2) The Claimant shall be entitled to file a Reply within 7 (seven) days of
service of the Statement of Defence.
6. *Applying for Case Management Conference.*
(1) The Claimant shall apply for the Case Management Conference Notice
as in Forms 17 and 18 within seven (7) days of the close of pleadings.
(2) Where the Claimant does not apply in accordance with sub-rule 1 of this
Rule, the Defendant may do so or apply for an Order to dismiss the
action.
7. *Time limited for Case Management Conference*.
(1) The Case Management Conference shall be held from day to day and
adjourned only for the purpose of compliance with Case Management
Conference Orders:
Provided that, the Case Management Conference stage shall be completed within a period of
Thirty (30) days.
(2) Where the Judge determines that an extension of time is necessary or an
application is made by either party, he may allow the Case Management
Conference to continue for a further period of fourteen ( 14) days or
such other period as he may deem fit.
8. *Trial Directions.*
31
(1) Upon completion of the Case Management Conference and issuance of
the Case Management Report, the case file shall be forwarded to the
Chief Judge or other designated Judge for assignment to a Trial Judge.
(2) At the first appearance of the parties before the Trial Judge, the Court
shall give directions for trial including a trial time table which it
considers appropriate.
9. *Variation of Trial Directions*.
(1) Where there has been a change in circumstances after trial directions
were issued, the Court may set aside or vary any of the directions based
on an application or suo motu.
(2) Where variation of the trial direction is upon application of any party
and the other party consents to such variation, the parties must
immediately apply for an Order by consent, including an agreed
statement of the reasons why the variation is sought.
(3) Where the Court varies any direction because of a defaulting party or his
Legal Practitioner, it may impose costs and daily default fees as
prescribed in the Rules.
(4) The Court may make an Order of variation without a hearing.
10. *Enforcement of Trial Directs*.
(1) Where a party has failed to comply with a Court‘s direction, any other
party may apply for an Order to enforce compliance or for a sanction to
be imposed or both.
(2) Where a party intends to make an application which is not included in
the trial time table, he must do so as soon as possible to minimize the
need to change the time table
11. *Trial from day to day*
Unless the trial Court otherwise directs, the trial will be conducted from day to day and in
accordance with any Order previously made.
12. *Adjournments*
No trial shall be adjourned unless under exceptional circumstances as the Judge may deem fit.
13. *Period for Trial and Addresses.*
(1) The trial period including the final address by counsel, shall not be later
than ninety (90) days from the date the trial directions are made.
Provided that:-
(a) When the party beginning has concluded his evidence, the Judge shall ask the other party if
he intends to call evidence;
(b) If the other party does not intend to call evidence, the party beginning shall within fourteen
(14) days after close of evidence file a Written Address;
(c) Upon being served with the Written Address, the other party shall within fourteen (14) days
file his own Written Address;
(d) Where the other party calls evidence he shall within 14 days after the close of evidence file a
Written Address;
(e) Upon being served with the other party‘s Written Address the party beginning shall within
fourteen (14) days file his own Written Address;
(2) The party who files the first Address shall have a right of Reply on Point
of Law only, which shall be filed within seven (7) days after service of
the other party‘s address.
14. *Delivery of Judgment.*
32
In all Fast Track cases, the Judge shall endeavor to deliver Judgment within sixty (60) days of
completing trial.
10. Assuming the defendant in 1 above could not be served with the originating process 5
months after filing and you realised that the process may not be served until the 7th month.
Identify the necessary application including the supporting documents that must be filed in
order to ensure that the process remains valid until the time of service.
Answer
The necessary steps would be to make an application for a renewal of the lifespan of the
writ in the High Court of the FCT, Abuja – Kolawale v.
The application would be by motion ex parte supported by affidavit and a written address
11. Assuming all efforts to get the defendant in 1 above to be served with the originating
processes has proved abortive because the defendant has been evading service, identify the
necessary step and processes to be filed, to ensure that the processes are served on the
defendant. Draft the prayer or claim to be made on the process identified.
Answer
Application for motion ex parte supported by affidavit with a written address – Order 7 Rule
… FCT High Court
An order of this court granting leave to the claimant to serve
And for such other order that the court deems fit to make in the circumstance.
The mistake can be rectified by a motion ex parte supported by affidavit and a written
address.
12. Prepare the memorandum of appearance to be filed by the defendants in 1 above.
Answer
Order 9, Rule 1 of the High Court of the Federal Capital Territory, Abuja (Civil Procedure)
Rules 2018.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FCT/HC/091/22
BETWEEN:
KAS TRANSPORT LTD ---------------------------------------------
Claimant
AND
MATRIX BANK PLC ---------------------------------------------------
Defendant
MEMORANDUM OF APPEARANCE
Kindly cause an appearance to be entered for Matrix Bank PLC sued as Defendant in this suit.
Dated ….24th ….day of ……January…. 2022.

……………….
Victor Daniel Esq.
33
Daniel & Associates
Defendant‘s Counsel
0901 222 3333
dan@danielandassociates.com
FOR SERVICE ON:
Victory Daniella Esq.
Victory & Associates
Claimant‘s Counsel
0801 222 4444
victory@victoryandassociates.com
13. Draw up and briefly explain the ethical implications of:

Use your phone- the answers are there
a. commencing an action by wrong procedure,

Answer
Rule 14 RPC and 16 RPC – competency and diligence
b. non or improper service of originating processes,
Answer
Rule 30 RPC – justice
c. Delay in raising objection to non-compliance with the rules
Rule 16 – Competence
Rule 16 – diligence
NOTE:
(d) All groups are to prepare all the tasks as members of any group may be called upon to make
presentation on any of the tasks.
(e) Each student must open a case file containing copies of the processes prepared by his or her
group. Students will be called at random to present their files.
(f) Each Student must come to class with his/her High Court rules for both Lagos and Abuja as
students will be required to practice filling the precedent forms of a writ of Summons,
Originating Summons and Memorandum of Appearance in class.
NOTE: Any student who attends class without his/her rules of court may be sent out of the
class.
34
WEEK 7
INTERLOCUTORY APPLICATIONS
CASE STUDY 1
Mrs Bamidele who lives in Lagos bought 3 plots of land at Orimedu, Epe Lagos State from the
Omo-Onile family of Ajah, Lagos State. She commenced construction on the land with frenetic
speed as directed by the Omo-Onile family. She has already laid the foundation and fenced the
property and altogether expended the sum of N12.5 million. The foundation was preparatory to
construction of a school. While the construction work was going on she discovered that Mr. Iron
Bar who lives in an adjoining property to the land in Orimedu, Epe, Lagos State had broken
down the fence and destroyed the foundation with the intention of building a bakery thereon.
Mr Iron Bar is boasting that he will commence and finish the foundation for his bakery within
the next 3 days. You have been approached by Mrs Bamidele to commence an action against Mr.
Iron Bar
Case Study 1 (1)

What application will you bring in court as a matter of urgency to prevent Mr Iron Bar
from carrying out his threats?
Answer
The application I will bring in court as a matter of urgency to prevent Mr Iron Bar from carrying
out his threats is an application for interim injunction. This would be made by way of an ex
parte motion supported by an affidavit and a written address.
Case Study 1 (2)
Draft the application in (1) above

Application for Interim Injunction
IN THE HIGH OF LAGOS STATE
HOLDEN IN LAGOS
SUIT NO:……………..
BETWEEN
MRS BAMIDELE…………………………… CLAIMANT/APPLICANT
MR IRON BAR……………………..………………DEFENDANT/RESPONDENT
MOTION EX PARTE
35
BROUGHT PURSUANT TO ORDER 43 RULE 1 OF THE LAGOS STATE HIGH COURT
CIVIL PROCEDURE RULES 2019 AND UNDER THE INHERENT JURISDICTION OF THE
COURT
TAKE NOTICE that this honorable Court shall be moved on the …….day…. of ……2022 at the
Hour of 9 O‗clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant
may be heard praying the court for the following RELIEFS:
1. AN ORDER OF INTERIM INJUNCTION restraining the 2nd Defendants/Respondent from

building any structure on the plots of land located at Orimedu, Epe Lagos the 1st Defendant
pending the hearing of the Motion On Notice dated …. Day….of….. already filed before this
court.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honorable Court may deem fit to
make in the circumstances. (this is called omnibus prayer. This has been held that this prayer is
useless as the court cannot grant more than what you asked. However, it has been held in another
casew that the court can grant consequential order. Always add it to your prayer
Dated this 15th day of January 2022.
______________________
Benjamin Akin Olawale
APPLICANT‘S
SOLICITORS AKIN
OLUWADAYISI & CO.,
(BINTA CHAMBERS)
No 1 mamu way, Victoria
Island, Lagos.
Case Study 1 (3)

What application will you file in court to prevent Mr Iron Bar from carrying out the threat
whilst the case lasts in court?
Answer
The application I will file in court to prevent Mr Iron Bar from carrying out the threat whilst the
case lasts in court interlocutory injunction supported by an affidavit and a written address. This
would be by motion on notice
Case Study 1 (4)
36
Draft the application in (3) above.
Answer
Application of interlocutory injunction

HOLDEN AT LAGOS
SUIT NO: HIC/02/2020

MOTION NO________
BETWEEN
MRS GRACE BAMIDELE…………………………....CLAIMANT/APPLICANT
AND
MR IRON BAR…………………….………….DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 42 RULE 8, ORDER 43 RULE 1 OF THE HIGH
COURT CIVIL PROCEDURE RULES OF LAGOS STATE 2019 AND UNDER THE
INHERENT JURISDICTION OF THE COURT
TAKE NOTICE that this honourable Court will be moved on the ______day
of______________2022 at the hour of 9 O‗clock in the forenoon or so soon thereafter as
Counsel to the Claimant/Applicant may be heard for:
1. AN ORDER restraining the Defendant/Respondent from committing further trespass on the
claimant‘s property building a bakery on the land in dispute, pending the determination of the
substantive suit.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable court may deem fit
to make in the circumstances.
Dated this………………….. Day of………………………………… 2022
______________________
ABIGAIL E. JUWAH ESQ.,
CLAIMANT/APPLICANT‘S SOLICITORS
JUWAH & JUWAH LP.
37
NO. 1 KINGSLANE, VICTORIA ISLAND, LAGOS
FOR SERVICE ON:
EKENE JIBUNOH ESQ.,
DEFENDANT/RESPONDENT‘S SOLICITOR
PLOT A2 ORIMEDU EPE, LAGOS.
Case Study 1 (5)
List the conditions for the grant of the applications in (1) & (3) above.
Answers
The conditions for the grant of the interim an application for injunction are:
1. There must be real urgency and not self-induced urgency
2. Damages will not be adequate compensation. Applicant should be able to show that
irreparable damage or injury would be done to him if the application is denied.
On the other hand, the conditions for the grant of the interlocutory applications are:
1. Existence of a legal right:
2. Substantial issue to be tried:
3. Balance of convenience in favour of the claimant/applicant:
4. Irreparable Damage or Injury:
5. Conduct of the Parties – he who comes to equity must come with clean hands
6. Undertaking as to Damages
CASE STUDY 2
Mr. Titus Ajasa is an Automobile Dealer in Ikeja, Lagos State. He took his Prado Jeep to Mr
Lanre Akpan‘s automobile workshop for repairs. While the vehicle was still at the workshop, Mr
Chinedu Smart came with a towing vehicle in an attempt to cart away the vehicle claiming that
the vehicle belongs to him. Mr.Lanre Akpan is now in a confused state.
Case Study 2 (1)
Advise Mr Lanre Akpan on the steps he would need to take in order to avoid giving the car
to the wrong person.
Answer
My advice to Mr Lanre Akpan on the steps he would need to take in order to avoid giving the car
to the wrong person is to take out a stakeholder interpleader proceeding. In other words, Mr
Lanre can take out summons calling on the claimants to appear and state the nature and
particulars of their respective claims.-Order 47 Rule 1 of the High Court Civil Procedure Rules
2019 provides for relief by way of interpleader.
38
Case Study 2 (2)
Prepare the necessary application in (1) above
Answer
The application is an originating summons
HOLDEN AT LAGOS
SUIT NO…………….
BETWEEN
MR LANRE AKPAN…………………….APPLICANTS
AND
MR TITUS AJASA
MR CHINEDU SMART…………………..CLAIMANTS
INTERPLEADER SUMMONS BROUGHT PURSUANT TO ORDER 43 RULE 1 AND
ORDER 47 RULE 2(2) OF THE HIGH COURT CIVIL PROCEDURE RULES OF LAGOS
STATE AND UNDER THE INHERENT JURISDICTION OF THE COURT
LET Titus Ajasa and Chinedu Smart of no 45 Hopewell Avenue Victoria Island and no 23
stepclose Victoria Island Lagos respectively within 21 days after service of them inclusive of the
day of such service cause an appearance to be entered for him this summon which is issued upon
the application of Lanre Akpan whose address is no 53 Ajah close Lagos for the determination of
the following questions
1. Whether or not thePrado Jeeep with registration number ….belongs to Ajasa or Smart
Upon the determination of the above question the applicant shall seek the following relief
1. The charges and cost of repairing the vehicle
Dated this 1st day of February 2022
……………………
T.C Martins
Applicant‘s Counsel
Martins & Co Solicitors
FOR SERVICE ON
1ST CLAIMANT
Mr. Titus Ajasa
No 45 Hopewell Avenue
2nd CLAIMANT
Mr Chinedu Smart
No 23 Stepclose
Victoria Island, Lagos, State
39
Case Study 2 (3)
State any condition(s) that must be met before the application can be granted. –
Answer
The Conditions that must be met are
1. The applicant must establish that he claims no interest in the subject matter other than for
charges or cost
2. He does not act in position for any of the claimant
3. He is ready to act in accordance with the direction of the court in this regard – Order 47 Rule 2
Lagos 2019.
CASE STUDY 3
In August, 2019, Mrs. Kayuba Ada, entered into a contract in Lagos with Jethwani Chocolate
Co. Ltd to supply five hundred tons of Cocoa beans worth (One Hundred million Naira) only to
the company for production of chocolates. The term of the contract is that down payment of N50
million will be made before the supply and that the balance will be paid after the final supply of
all the goods. Mrs Kayuba Ada was paid the down payment and thereafter she supplied the
goods. Since then, Jethwani Chocolate Co. Ltd has refused to pay Mrs Ada the balance sum
despite letters of repeated demands sent. However, on 10th January, 2019 Jethwani Chocolate Co.
Ltd wrote a letter to Mrs Ada of its decision not to pay the balance because the goods supplied
were inferior to the standard requested for. Mrs Ada has now commenced an action in court
against Jethwani Chocolate Co. claiming payment of her balance sum of N50 million and N30
million general damages for the inconvenience suffered as a result of the action of Jethwani
Chocolate Co.
Whilst the matter was pending in court, information has reached Mrs Kayuba of the intention of
the defendant company to transfer its money from ABC Bank Nig. Plc to Ghana with a view to
over reach the judgment of the court which may be obtained by Mrs Kayuba Ada.
Case Study 3 (1)
What application will you file on behalf of Mrs Kayuba Ada to prevent Jethwani Chocolate
Co. Plc from transferring its money from ABC Bank Nig. Plc to Ghana?
Answer
The application I will file on behalf of Mrs Kayuba Ada to prevent Jethwani Chocolate Co. Plc
from transferring its money from ABC Bank Nig. Plc to Ghana is application for Mareva
injunction. – Ocean Steamship case is an authority on this core.
Case Study 3 (2)

40
HOLDEN AT LAGOS
SUIT NO.: HCL/018/22
BETWEEN
KAYUBA ADA ………………………………………….. CLAIMANT/APPLICANT
AND
JETHWANI CHOCOLATE CO. LTD
aBC BANK NIG LTD……… …………………….. DEFENDANT
MOTION EX-PARTE
BROUGHT ORDER 43 RULE 1 LAGOS AND UNDER THE INHERENT
JURISDICTION OF THIS HONORABLE COURT
TAKE NOTICE that this Honorable Court may be moved on the ……… day of ……… 2022, at
the hour of 9 o‘clock in the forenoon or so soon thereafter as counsel on behalf of the
Claimant/Applicant may be heard praying this Honorable Court for the following orders:
1. AN ORDER restraining the Defendant or its agents from transferring its money from
ABC Bank Nig. PLC to Ghana.
An order restraining the 2nd defendant from aiding the … from transferring …. the
2. AND FOR SUCH OTHER ORDERS AND FURTHER ORDERS as this court may
deem fit to make in the circumstances of this case.
Dated this 31st day of January, 2022.
…………………..
F.B. Aderibigbe Esq.
Aderibigbe & Co.
Claimant/Applicant‘s Counsel
No. 1, Baba Street, Ikeja, Lagos State.
0801 222 3333
faith@aderibigbeandco.com

HOLDEN AT LAGOS
BETWEEN
KAYUBA ADA ………………………………………………….. CLAIMANT/APPLICANT
AND
41
JETHWANI CHOCOLATE CO. LTD …………………………….. DEFENDANT
AFFIDAVIT IN SUPPORT OF MOTION FOR MAREVA INJUNCTION
I, KAYUBA ADA, Female, Christian, Nigerian, businesswoman of No. 3, Bello Street, Palm
Avenue, Lagos State do hereby make oath and state as follows:
1. That I am the Claimant/Applicant by virtue of which I am conversant with the facts of
this suit.
2. That on the 2nd day of August 2019, I entered into a contract with the Defendant in the
sum of N100,000,000 (One hundred million naira) and the Defendant has refused to
fulfill its part of the contract.
3. That I instituted a matter with suit no. HCL/018/22 on the 2nd day of August 2021.
4. That from the facts and evidence adduces in this case, I have a strong and arguable case.
5. That the Defendant is not within the jurisdiction but has monies in ABC Bank PLC and I
believe that the Defendant is about to transfer the said monies before the judgment of this
Honorable Court is pronounced.
6. That the Defendant has not in any way show willingness to pay the debt.
7. That the balance of convenience is on my side whereas the Defendant has nothing to lose
if this application is granted.
8. I hereby enter into an undertaken irrevocably to compensate the Defendant for any loss or
damages he will suffer should it be shown afterwards that I am not entitled to this
application being granted in my favour.
9. That it will be in the interest of justice that the order be granted.
10. That I make this oath conscientiously and in good faith believing same to be true and
correct and in accordance with the Oaths Law.
……………………
DEPONENT
Sworn to at the High Court Registry of
Lagos State on the 31st day of January,
2022.
BEFORE ME
…………………………..
COMMISSIONER FOR OATHS

HOLDEN AT LAGOS
BETWEEN
KAYUBA ADA ………………………………………………….. CLAIMANT/APPLICANT
42
AND
JETHWANI CHOCOLATE CO. LTD …………………………….. DEFENDANT
WRITTEN ADDRESS IN SUPPORT OF MOTION FOR MAREVA INJUNCTION
1.0. INTRODUCTION
2.0. BRIEF STATEMENT OF FACTS
3.0. ISSUES FOR DETERMINATION
4.0. ARGUMENT ON ISSUES
5.0. CONCLUSION
LIST OF AUTHORITIES
Dated 31st day of January, 2022.
…………………..
F.B. Aderibigbe Esq.
Aderibigbe & Co.
No. 1, Baba Street, Ikeja, Lagos State.
0801 222 3333
faith@aderibigbeandco.com
Case Study 3 (3)

State the Conditions (if any) that must be established before the application will be
granted.
Answer
The court in Olumuyiwa Sotiminu v. Ocean Steamship Nig. (Ltd) stated the conditions that
must be established before an application for Mareva Injunction will be granted as:
a. The applicant should establish that there is a cause of action by the Claimant pending
against the Defendant within jurisdiction;
b. There is a real and inherent risk
c. The applicant has made a full disclosure relevant to the action
d. Balance of convenience
e. Undertaking as to damages
f. He must equally establish the existence of an arguable case;
g. That the Defendant has assets within jurisdiction, particulars of which must be furnished
by the Claimant;
h. State the grounds for believing that the Defendant owns the assets;
i. That there is a real likelihood of the Defendant removing the assets from within
jurisdiction, thus rendering any judgment which the Claimant may obtain nugatory;
43
j. That the balance of convenience is on the side of the Claimant; and
k. That the Claimant is ready to give an undertaking as to damages.
Case Study 3 (4)

Assuming you are in Court on the date fixed for hearing of the application, Move the
application you have prepared in (2) above.
Answer
May it please this honorable court, I.O. Wisdom Esq., and my appearance is for the
Claimant/Applicant.
My Lord, before your lordship is an application dated 31st day of January, 2022, filed and served
on the same date. My Lord, the application is brought pursuant to Order *** Rule *** of the
High Court of Lagos State (Civil Procedure) Rules 2019 and under the inherent jurisdiction of
this Honorable Court. My Lord, the application is seeking an order of your Lordship for Mareva
Injunction restraining the Defendant or its agents from transferring its money from ABC Bank
Nig. PLC to Ghana and for such other orders and further orders as this court may deem fit to
make in this circumstance.
My lord, in accordance with the rule of this honourable court, this application is supported by a
10-paragraph affidavit deposed to by Kayuba Ada, the Claimant/Applicant asnd we are going to
be relying on all the paragraphs of this affidavit, particularly, paragraphs……
My Lord, the application is further supported by a written address. We hereby adopt the
argument herein as our submission in respect of the application. We urge your lordship to grant
this
CASE STUDY 4
Prof. Gorimapa is a lecturer in Psychology at the Forward Private University, Lagos. He has just
published his book titled ―How to pass your exams‖. Within 2 months of publishing his book, the
book was pirated at Idumota, Lagos by Mr Chinedu Smart.
Prof Gorimapa has approached you as counsel to help institute an action in court against Mr
Chinedu Smart.
Question 4 (1)
What application will you make to seize and remove the pirated copies of the book and the
materials being used?
Answer
Anton piller application - Order 42 Rule 4 (1) Lagos
Section 45 Copyright Act
Motion ex parte + affidavit + written address
44
Question 4 (2)
Answer

HOLDEN AT LAGOS
SUIT NO: SIC/O1/2022
MOTION NO
BETWEEN
PROFESSOR GORIMAPA…………………………………………CLAIMANT/APPLICANT
AND
MR CHINEDU SMART……………………………………………..DEFENDANT
MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 43 RULE 1 AND ORDER 42 RULE 4 (1) OF THE
LAGOS STATE HIGH COURT CIVIL PROCEDURE RULES 2019 AND UNDER THE
INHERENT JURISDICTION OF THE COURT
TAKE NOTICE that this honorable Court shall be moved on the 1st day of February 2022 at the
hour of 9 O‘clock in the forenoon or so soon thereafter as counsel to the Claimant/Applicant may
be heard praying the court for the following RELIEFS:
1. AN ORDER OF ANTON PILLER INJUNCTION requiring the Defendant to permit the
Claimant to enter upon the defendant‘s premises pending the hearing of the Motion on Notice
already filed before this court
2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honorable Court may deem fit to
make in the circumstances.
Dated this 1st Day of February 2022.

………………………………………….
OKOYE ANDREA ESQ
APPLICANT‘S SOLICITORS
OKOYE ANDREA & CO
No 4, Evans drive, Victoria Island
Lagos.
Question 4 (3)
What are the conditions that must be established before the application is granted?
Answer
1. Applicant must show that the property is I the possession of the defendant
2. Defendant is likely to destroy the property before the application on notice is made
3. The applicant needs the property as evidence and his case will be frustrated with them
45
4. Failure to grant the order will be detrimental to the applicant's case
5. Applicant is ready to give an undertaking to indemnify the defendant in damages if at the end
of hearing inter parties, it appears to the court that the order plight not to have been made.
CASE STUDY 5
In 2010, Chief Chike Okeke purchased a land known as No. 4A Bode Thomas Industrial Layout,
Aguda, Lagos from Chief Idowu Williams. Chief Chike Okeke was unable to develop the land
due to a protracted illness.
Chief Idowu Williams, subsequently sold the property to Ginisia International Company
Limited. Ginisia wants to construct an Industrial Gas Reservoir on the land and has concluded
plans to move to site immediately. Chief Okeke intends to build a Sports Centre on the land.
Chief Okeke has approached you to institute an action to protect his title to the land.
Case Study 5 (a)
What application(s) would you file in order to preserve the “res” pending the
determination of the suit you have just instituted on behalf of Chief Chike Okeke.
Answer
I would file an interlocutory injunction restraining the defendant from doing anything on the land
pending the determination of the substantive suit.
Case Study 5 (b)
Draft the application in (a) above with the supporting documents

Answer

HOLDEN AT LAGOS
SUIT NO ________
BETWEEN CHIEF OKEKE —————— CLAIMANT/APPLICANT
AND
GINISIA INT. COMPANY LTD ——— DEFENDANT/RESONDENT
MOTION ON NOTICE
Brought in Pursuant to Order__ Rule___ High Court OF Lagos State (Civil Procedure) Rules and
Under the Inherent Jurisdiction of this Honourable Court.
TAKE NOTICE that this honourable court will be moved on the __ day of __ 2010 at the hour of
9‘ o clock in the forenoon or soon thereafter as counsel to the plaintiff/applicant will be heard
praying to the court for the following reliefs:
46
1. AN ORDER OF INTERLOCUTORY APPLICATION restraining the defendant/respondent
from building on the land pending the determination of the substantive suit.
2. AND FOR ANY FURTHER ORDER OR ORDERS which this honourable court may deem
fit in the circumstance.
Dated this __ day of __ 2010.
ABBY GOSPEL
PLAINTIFF/APPLICANTS SOLICITOR
ABBY& GOSPEL CHAMBERS
ADDRESS
FOR SERVICE ON
JENNIFER JAMES
DEFENDANT/RESPONDENTS SOLICITOR ADDRESS
AFFIDAVIT IN SUPPORT OF MOTION

HOLDEN AT LAGOS
SUIT NO: HCL/01/20
BETWEEN
CHIEF CHIKE
OKEKE……………………………………………CLAIMANT/APPLICANT
AND
1. CHIEF IDOWU WILLIAMS……………………..DEFENDANT
2. GINISA INTERNATIONAL COMPANY………..DEFENDANT/RESPONDENT
I, CHIEF CHIKE OKEKE, Adult, Male, Christian, Nigerian, businessman of No 12, Potato
Island , Ikeja, Lagos State do hereby make oath and state as follows:
1. I am the Claimant/Applicant in this suit by virtue of which I am conversant with the facts
of this suit and other related facts.
2. In July 2010, I purchased a land known as No. 4A Bode Thomas Industrial Layout,
Aguda, Lagos from the 1st Defendant for the sum of #50,000,000 (Fifty million naira).
3. A deed of assignment was duly executed on the 15th of August, 2021 as evidence of the
transaction which is hereby attached as EXHIBIT A1.
47
4. Due to a protracted illness, I was unable to develop the land and the 1st Defendant
subsequently sold the same land to the 2nd Defendant/Respondent.
5. I have instituted an action with suit number HCL/01/20 on the 10th day of January, 2020.
6. I believe the 2nd Defendant/Respondent intends to move to the site and begin construction
before the judgment of this honourable court is pronounced.
7. I believe irreparable damage will be caused to me if this application is not granted.
8. I undertake to pay all damages caused to the Defendant/Respondent should it be shown
afterwards that this application ought not to have been granted in my favour.
9. It will be in the interest of justice that this order be granted.
10. I swear to this affidavit in good faith believing same to be true and correct and in
accordance with the Oaths Law.
………………
DEPONENT
Sworn at the High Court Registry, Lagos State
This 31st day of January, 2022
BEFORE ME
…………….
COMMISSIONER OF OATHS
………………….
O.F. Akinade Esq.
Group E Chambers
Claimant/Applicant‘s Solicitor
No 2, Airport Road, Ikeja, Lagos.
08011234567
groupechambers@gmail.com
FOR SERVICE ON:
48
Jenny James Esq.
No 2, Ozumba Mbadiwe, VI, Lagos.
07055556321
jennyjames@gmail.com
WRITTEN ADDRESS

HOLDEN AT LAGOS
SUIT NO: HCL/01/20
BETWEEN
CHIEF CHIKE OKEKE…………………………………………….
CLAIMANT/APPLICANT
AND
1. CHIEF IDOWU WILLIAMS……………………..DEFENDANT
2. GINISA INTERNATIONAL COMPANY………..DEFENDANT/RESPONDENT
WRITTEN ADDRESS
INTRODUCTION
My Lord, before this Honourable court is an application for a motion on notice dated and filed
this 31st day of January, 2022. The motion is brought pursuant to Order 42 Rule 1 High Court
(Civil Procedure) Rules of Lagos State 2019 and the inherent jurisdiction of this court. My Lord,
this motion is praying this honourable court to grant an interlocutory injunction restraining the
Defendant/Respondent from moving to his motion is supported by a 10-paragraph affidavit
deposed to by Chief Chike Okeke, the Claimant/Applicant. My Lord, we rely on all the
paragraphs of the affidavit.
SUMMMARY OF THE FACTS
The Claimant/Applicant purchased the land known as No. 4A Bode Thomas Industrial Layout,
Aguda, Lagos from the 1st Defendant who subsequently sold the same land to the 2nd Defendant.
While a substantive suit is pending in the court, the 2nd Defendant/Respondent intends to move to
the site and commence construction.
ISSUES FOR DETERMINATION
49
The question for determination is whether the Claimant/Applicant is entitled to a grant of an
order of interlocutory injunction restraining the 2nd Defendant/Respondent from moving to the
site.
LEGAL ARGUMENT
………………..
CONCLUSION
We therefore urge the court to grant this application. We respectfully, submit.
LIST OF AUTHORITIES CITED
…………..
Dated this 31st day of January, 2022.
……………….
O.F. Akinade Esq.
Group E Chambers
Claimant/Applicant‘s Solicitor
No 2, Airport Road, Ikeja, Lagos.
08011234567
groupechambers@gmail.com
FOR SERVICE ON;

Jenny James Esq.
No 2, Ozumba Mbadiwe, VI, Lagos.
07055556321
jennyjames@gmail.com
Case Study 5 (c)

Assuming you are in Court on the date fixed for hearing the application, Move the
application you have so drafted in (b) above.
Answer
50
May it please this honorable court, I am O.F. Akinade Esq., and my appearance is for the
Claimant/Applicant.
My Lord, before this honourable court is an application for a order of interlocutory injunction
dated and filed this 31st day of January, 2022.
The application is brought pursuant to Order 42 Rule 1 of the High Court of Lagos State (Civil
Procedure) Rules 2019 and under the inherent jurisdiction of this Honorable Court.
My Lord, we seek an order of your Lordship for an interlocutory injunction restraining the 2nd
Defendant/Respondent from moving and commencing construction on the land known as No.
4A Bode Thomas Industrial Layout, Aguda, pending the determination of the substantive suit
and such further orders as this court may deem fit to make in this circumstance.
In compliance with the rules of this honourable court, the application is supported by a 10-
paragraph affidavit deposed to by Chief Chike Okeke, the Claimant/Applicant. We rely on all
paragraphs of the affidavit.
We have further filed a written address in support of our application. We wish to adopt same as
our oral argument before this honourable court.
My Lord, we urge this honourable court to grant this order of interlocutory injunction.
Case Study 5 (d)

Assuming you are the judge before whom the application drafted in (b) above is brought
and moved. What are the factors you will consider in granting or refusing the application?
Answer
As the judge before whom the interlocutory application is brought and moved, the factors I will
consider in granting or refusing the application are:
1. Existence of a legal of equitable right
2. Existence of a substantial issue to be tried
3. Balance of convenience
4. Irreplaceable damage or injury
5. Undertaking as to damages
CASE STUDY 6
Mr. Zamzam Pofi died intestate on 1st January, 2020 leaving behind two children namely: Rikici
Zamzam (35) and Hakuri Zamzam (30). The title document to his only property is in the
possession of his solicitor, Mr. Shaakkaa Mangu. While his letters of administration is still being
processed, his two sons have been disturbing Mr.Shaakkaa Mangu about the title
document. Rikici Zamzam the elder son is laying claim to the title document being the first son
while the second son Hakuri Zamzam is equally laying claim that by Mwahavul custom, it is the
second son who is entitled to the title document.
51
Mr. Shaakkaa Mangu is in a dilemma as to who to give the title document and he does not want
to give it to the wrong person and neither does he want to continue to hold it. He has approached
you for an advice.
Now answer the following questions:
Case Study 6 (a)
What kind of procedure is referred to in the scenario above?

Answer
A Stakeholder interpleader. A stakeholder interpleading arises in a situation where a person is in
possession of a property of which he has no personal interest, but he is faced with competing
claim or rival claim in respect to such property. (Holman Bros (Nig) Ltd v Compass Trading
Co Ltd). In this scenario, Mr Shaakkaa Mangu has no personal interest in the property of Mr
Zamzam Pofi and in order to rid himself of any form of liabilities that may arise from the
conflicting interests of Mr Zamzam Pofi‘s sons‘ claims to the property, he can apply for an
interpleader proceeding.
Case Study 6 (b)

Assuming you are counsel to Mr. Shaakkaa Mangu, what will be your advice to him with
respect to the title document?
Answer
My advice to Mr Shaakkaa Mangu would be to file to the court for an originating summons
Case Study 6 (c)
List the facts that must be deposed to in the affidavit to be filed.

Answer
1. That the claimant claims no interest in the subject matter
2. He does not collude with any of the claimant
That he is in possession of the subject matter
3. He is willing to pay or transfer the subject matter as the court decisde
Case Study 6 (d)
Assuming Rikici Zamzam had gone to the High Court of the Federal Capital Territory
seeking a declaration that he is entitled to the title document, what step will you take as
Counsel to Hakuri Zamzam to prevent Mr. Shaakkaa Mangu from giving the title
document to him pending the outcome of the suit?
52
Answer
I will file an application through a motion on notice for an order of interlocutory injunction
which will preclude Mr Shaakkaa Mangu from giving the title document to Rikici Zamzam to
the disadvantage of my client - Kotoye v. CBN
Case Study 6 (e)

Draft the document to achieve the steps in (d) above without the supporting documents.
Answer
Motion on Notice for Interlocutory Injunction
IN THE HIGH COURT OF FCT, ABUJA
HOLDEN AT ABUJA
SUIT NO: HIC/02/2022
MOTION NO________
BETWEEN
HAKURI ZAMZAM……………………………………………………………..APPLICANT
AND
SHAAKKAA MANGU……………………………………………………1ST RESPONDENT
RIKICI ZAMZAM……………………………………………………… 2ND RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDERS 42 AND 43 RULE 1 OF THE HIGH COURT
CIVIL PROCEDURE RULES OF 2019 AND UNDER THE INHERENT JURISDICTION
OF THE COURT
TAKE NOTICE that this honourable Court will be moved on the 31st day of January, 2022 at the
hour of 9 O‗clock in the forenoon or so soon thereafter as Counsel to the Applicant may be heard
for:
1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the 1st Respondent from
giving the title document to the 2nd respondent, pending the determination of the substantive
suit.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable court may deem fit to
Dated this 31st Day of January 2022
53
Jude James
APPLICANT‘S SOLICITORS
GROUP F & CO
No. 1 Akins way,
Victoria Island Lagos .
FOR SERVICE ON:
Shaakkaa Mangu Esq
No. 4 Law School Drive
Victoria Island, Abuja
CASE STUDY 7
Akare-iya and Gbarima are neighboring communities in Eko LGA, Lagos State. For years, the
two communities have been locked in a bitter dispute over a large parcel of land at the border of
the two communities. Sometimes in 2019, Chief Akare, the traditional ruler of Akare-Iya agreed
with his Council of Chiefs to retain your legal services to file an action against Gbarima
community, seeking a declaration of title to the land. Hon. Akin Tunde, a member of the Council
of Chiefs came to your office to brief you. You have filed the action and upon being served with
the originating process, Chief Olode, the traditional ruler of Gbarima and members of his cabinet
mandated Chief Alarinde to brief A.J Adetutu (SAN), to file their defence. A.J Adetutu (SAN)
intends to apply to terminate the action in limine on the ground that the High court has no
jurisdiction over the matter, because it is a boundary dispute, which should be determined only
by National Boundary Commission.
Answer the following questions:
Case Study 7 (a)

Draft the application asking leave of court to institute this action in a representative
capacity. Do not draft the supporting documents. Your name for this process is A.B Smart
Esq.
54
Answer
This is motion ex parte

HOLDEN AT LAGOS
SUIT NO:………..
BETWEEN:
1. CHIEF AKARE
2. HON. AKIN TUNDE ….……..
(SUING FOR THEMSELVES AND ON BEHALF OF THE AKARE-IYA COMMUNITY).
CLAIMANTS/APPLICANTS
AND
CHIEF OLODE ……………
(SUED AS REPRESENTATIVES OF THE GBARIMA COMMUNITY)……. DEFENDANTS
MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 15 RULE 12 OF THE HIGH COURT OF LAGOS
STATE (CIVIL PROCEDURE) RULES 2019 AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT.
TAKE NOTICE that this Honourable Court will be moved on the ….… day of ……. 2022 at
the Hour of 9 O‘ clock in the forenoon or so soon thereafter as Counsel for the
Claimants/Applicants will be heard praying this Court for:
1. AN ORDER granting leave to the Claimant/Applicants to sue for themselves and on behalf of
the Akare-Iya community of Eko Local Government Area of Lagos State.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as this Court may deem fit to make
in the circumstances.
DATED THIS ……… DAY OF …………….. 2022.
____________________
A.B. Smart Esq.
Case Study 7 (b)

Assuming after the suit has been instituted and the bailiff cannot effect personal service of
the originating process on the defendants as counsel to the claimants what step will you
take?
Answer
I will file an application for substituted service pursuant to Order 9 Rule 5. The application will
be by way of motion ex parte supported by affidavits and written address.
55
Case Study 7 (c)
Draft the necessary application to achieve the step taken in (b) above without the
supporting document.
Answer
HOLDEN AT LAGOS
SUIT NO:………..
MOTION NO:…………
BETWEEN:
1. CHIEF AKARE
2. HON. AKIN TUNDE ….…….. CLAIMANTS/APPLICANTS
(SUING FOR THEMSELVES AND ON BEHALF OF THE AKARE-IYA COMMUNITY)
AND
CHIEF OLODE …………… DEFENDANTS
(SUING FOR THEMSELVES AND ON BEHALF OF THE GBARIMA COMMUNITY)
MOTION EX-PARTE
BROUGHT PURSUANT TO ORDER 9 RULE 5 (2) OF THE HIGH COURT OF LAGOS
TAKE NOTICE that this Honourable Court will be moved on 24th Day of February, 2022 at the
Hour of 9 O‘clock in the forenoon or so soon thereafter as counsel on behalf of the applicant can
be heard praying the Honourable Court for the following orders:
1. AN ORDER FOR SUBSTITUTED SERVICE of all processes in this case on the Defendants
by placing it on the building of the Defendant‘s Community Hall at No. 15 Gbarima Centre,
Gbarima LGA, Lagos State.
2. AND FOR SUCH ORDER OR FURTHER ORDERS this Honourable Court may deem fit to
make in the circumstances
Dated this 1st day of February, 2022

__________________
A. B. Smart Esq
Counsel to the Claimant/Applicant
Address, Email and
Phone No
56
Case Study 7 (d)
Assuming the defendants upon being served intend to submit to the jurisdiction of the court,
within what time limit are the defendants expected to enter the appearance and file a defence and
what documents should they file for this purpose?
Answer
42 days since it is Lagos
Memorandum of appearance would be filed first
Statement of defence,
List of witnesses to be relied on
Case Study 7 (e)
Assuming the defendants were out of time in filing the processes in (d) above, as counsel to
the defendant, draft the necessary application to regularize your position without the
supporting documents.
Answer
Application
Note: in Lagos – 1000
In Abuja – 200 each day
MOTION ON NOTICE SUPPORTED BY AFFIDAVIT AND WRITTEN ADDRESS .

HOLDEN AT LAGOS
SUIT NO:………..
BETWEEN:
1. CHIEF AKARE
2. HON. AKIN TUNDE ….…….. CLAIMANTS/APPLICANTS
(SUING FOR THEMSELVES AND ON BEHALF OF THE AKARE-IYA COMMUNITY)
AND
CHIEF OLODE …………… DEFENDANTS
(SUING FOR THEMSELVES AND ON BEHALF OF THE GBARIMA COMMUNITY)
MOTION ON NOTICE
57
TAKE NOTICE that this Honourable Court will be moved on ______ Day of ____________
2022 at the Hour of 9 O‘clock in the forenoon or so soon thereafter as counsel on behalf of the
applicant can be heard praying the Honourable Court for the following orders:
1. AN ORDER of this honourable court granting leave to the defendant to file a
memorandum of appearance
2. AND FOR SUCH ORDER OR FURTHER ORDERS this Honourable Court may
deem fit to make in the circumstances
Dated this 1st day of February, 2022

_________________________
A. B. Smart Esq
Counsel to the Claimant/Applicant
CASE STUDY 8
Mr. Frodd Moses entered into a contract for the supply of medical equipment to Tacha Hospital
Limited in Abuja in January 2020. The contract sum of N20 Million was to be paid upon
delivery of the equipment. Mr.Frodd Moses had since delivered but despite several letters of
demand, the hospital has refused to pay the contract sum. Mr. Frodd Moses has recently heard
that the hospital is selling off its assets and moving them out of Abuja. You have now been
approached by Mr. Frodd Moses for an advice.
Case Study 8 (a)
What step will you take to ensure that Tacha Hospital Limited does not take its assets out
of Abuja?
Answer
File an application for Mareva injunction ex parte supported by affidavit and written address –
cite the case.
Case Study 8 (b)
Draft the application and affidavit in support of the step you will take in (a) above.
Answer
MOTION EX PARTE
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,ABUJA
HOLDEN AT ABUJA
SUIT NO: LD/123/20
58
MOTION NO: M/06
MR FRODD MOSES……………………….…………….CLAIMANT/APPLICANT
AND
TACHA HOSPITAL LIMITED…………………………….DEFENDANT
MOTION EX PARTE
BROUGHT PURSUANT TO ORDER * RULE * OF THE HIGH COURT OF LAGOS (CIVIL
PROCEDURE) RULES 2019, AND THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT
TAKE NOTICE that this Honourable court shall be moved on the 1st day of February , 2022
in the hour of 9 o‘clock in the forenoon or soon thereafter as Counsel to the defendant/applicant
shall be heard praying this Honourable Court for the following order(s):
1. AN ORDER of mareva injunction restraining the defendant from selling off and moving its
asset out Abuja
2. And such further order(s) as this Honorable Court may deem fit to make in the circumstances.
Dated this 1st day February of, 2022
T.C. Martins Esq
Martins & Co
Applicant‘s solicitor
15 Democracy Estate, Lagos State
08096754321
chrissys@gmail.com
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA

HOLDEN AT ABUJA
SUIT NO.: HCA/011/22
BETWEEN
MR FRODD MOSES …………………………………………………..
CLAIMANT/APPLICANT
AND
59
TACHA HOSPITAL LIMITED…………………………….. DEFENDANT
AFFIDAVIT IN SUPPORT OF MOTION FOR MAREVA INJUNCTION
I, FRODD MOSES Male, Christian, Nigerian, businessman of No. Maitama Close, Abuja do
hereby make oath and state as follows:
1. That I am the Claimant/Applicant by virtue of which I am conversant with the facts of
this suit.
2. That on the 13th day of January 2020, I entered into a contract with the Defendant in the
sum of N20,000,000 (twenty million naira) and the Defendant has refused to fulfill its part of the
contract.
3. That I instituted a matter with suit no. HCA/011/22 on the 18th day of June 2020
4. That from the facts and evidence adduces in this case, I have a strong and arguable case.
5. That the Defendant is within the jurisdiction but has recently selling off its asset and
moving them out of Abuja before the judgment of this Honorable Court is pronounced.
6. That the Defendant has not in any way show willingness to pay the debt.
7. That the balance of convenience is on my side whereas the Defendant has nothing to lose
if this application is granted.
8. I hereby enter into an undertaken irrevocably to compensate the Defendant for any loss or
damages he will suffer should it be shown afterwards that I am not entitled to this application
being granted in my favor.
9. That it will be in the interest of justice that the order be granted.
10. That I make this oath conscientiously and in good faith believing same to be true and
correct and in accordance with the Oaths Law.
……………………
DEPONENT
Sworn to at the High Court Registry of
Lagos State on the 31st day of January,
2022.
BEFORE ME
…………………………..
60
Case study 8 (c)
State the conditions precedent that must be satisfied by the Applicant before the
application in (b) above can be granted by the court.
Answer
The court in Olumuyiwa Sotiminu v. Ocean Steamship Nig. (Ltd) stated the conditions that
must be established before an application for Mareva Injunction will be granted as:
a. The applicant should establish that there is an action by the Claimant pending against the
Defendant within jurisdiction;
b. He must equally establish the existence of an arguable case;
c. That the Defendant has assets within jurisdiction, particulars of which must be furnished
by the Claimant;
d. State the grounds for believing that the Defendant owns the assets;
e. That there is a real likelihood of the Defendant removing the assets from within
jurisdiction, thus rendering any judgment which the Claimant may obtain nugatory;
f. That the balance of convenience is on the side of the Claimant; and
g. That the Claimant is ready to give an undertaking as to damages.
Question 8 (d)
If Mr Frodd Moses wants to institute an action in court against Tacha Hospital to recover
the outstanding sum of N20 million by what mode and before which court will he institute
the action? Give reasons for your answer.
Answer
Writ of summons – Order ….Abuja – Doherty v. Doherty
High Court of FCT because the amount is more than 5m
The contract was to be performed in Abuja
e) Assuming after service of the originating process on the defendant it intends to contest
the service of the originating process on it because the process was not properly served.
What step(s) should he take to achieve this purpose.
Answer
1. Can file a condition appearance – Kindo v. Holman
2. May bring an appl;ication challgening the juruisiecxtion of the court – AG Imo v. AGF
3. May enter conditional appearance
No further step should be taken
Raise objection
Case Study 8 (f)

What type of appearance is he expected to enter in view of the facts stated in (e) above and
within how many days should he enter such appearance?
Answer
He is expected to make a conditional appearance, an appearance under protest, because the
process was not properly served on him. He is expected to enter into appearance within 14 days
of service.
61
WEEK 8
SUMMARY JUDGMENT PROCEDURE AND DEFAULT JUDGMENT
CASE STUDY 1
business name of Emeka Henry & Sons with his registered office at Cowry Street, Lekki, Lagos
State entered into a contract with Goodies Sugar Plc whose registered office is at Kirikiri Road,
Apapa, Lagos to supply 25 trailer loads of Sugarcane worth N70 million. The terms of the
agreement as stated in Clauses 4 & 5 of the contract agreement provide that:
4. The supplier shall supply the 25 trailer loads of Sugarcane to the purchaser on or before the
30th day of June 2020.
5. That down payment of N35 million being 50% of the contract sum will be made by the
purchaser to the supplier before the supply and the balance will be paid upon delivery at the
refinery on the 30th day of June 2020.
Goodies Sugar Plc limited paid the deposit of N35 million to Mr Emeka Henry who thereafter
delivered 20 trailer loads of Sugarcane within the time agreed upon. However, while the
remaining five trailer loads of Sugarcane were in transit, there was a traffic lock-jam along the
Apapa Oshodi Expressway due to a burning fuel tanker. Consequently Mr Emeka Henry could
not deliver the remaining Sugarcane until the 5th day of July 2020.
Goodies Sugar Plc refused to pay Emeka Henry the balance of N35 million despite the fact that
they accepted delivery of the goods. On the 12th day of July, 2020 the Managing Director of
Goodies Sugar Plc wrote a letter to Mr Emeka Henry stating that the Company has decided not
to pay the balance because the sugar cane in the last 5 lorry loads supplied were not of good
quality and did not meet the standard requested by the company. Emeka Henry does not agree
with the position taken by the Company and has written several letters of demand asking
Goodies Sugar Plc to pay him his balance but all efforts at getting the Company to pay fell on
deaf ears. Emeka Henry really needs to recover the money in order to pay back the loan he
obtained from First Atlantic Bank when he was going to execute the contract.
Mr Emeka Henry has now briefed you to use the fastest procedure under the rules to recover his
money expeditiously from Goodies Sugar Plc. He also believes that Goodies Sugar Plc will not
have a defence to his action.
TASKS:
Question 1
State the necessary processes for the purpose of applying for the appropriate procedure
you have chosen in Case Study 1.
Answer
The appropriate procedure is Summary Judgment under Order 13 Lagos State High Court Civil
Procedure Rules 2019.
62
The necessary processes to file is an application for summary judgment by motion on notice
supported by an affidavit and written address as well pre-action protocol Form 01
Question 2
Draft the necessary application with supporting documents by which you will get judgment
expeditiously in the matter.
Answer
IN THE HIGH COURT OF JUSTICE OF LAGOS STATE
HOLDEN AT LAGOS
SUIT NO:....................
BETWEEN
MR EMEKA HENRY
(Trading under the name and style of Emeka Henry & Sons) …CLAIMANT/APPLICANT
AND
GOODIES SUGAR PLC .................. DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 13 RULE 1 & 2 OF THE LAGOS STATE HIGH
COURT CIVIL PROCEDURE RULES AND UNDER THE INHERENT JURISDICTION
OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the...... day of February, 2022 at
the hour of 9 O‘clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant
may be heard praying this Honourable Court for the following:
1. AN ORDER of this honourable court entering SUMMARY JUDGMENT in favour of the

claimant/applicant against the defendant/respondent for the payment of the sum of N35
million to the claimant/applicant.
2. ANY FURTHER OR OTHER ORDER(S) that the Honourable Court may deem fit to make
in the circumstances of this case.
Dated this 10th day of February, 2022.
……………………..
BOMA ESQ.
GROUP 7 & CO
No. 1, Garki, FCT Abuja.
63
08033448976
Group7@gmail.com
FOR SERVICE ON:
BUKUNMI ESQ.
Defendant/Respondent‘s Counsel
5, Victoria Island, Lagos
Affidavit
HOLDEN AT LAGOS
SUIT NO:.................
BETWEEN
MR EMEKA HENRY ..................
CLAIMANT/APPLICANT
(Trading under the name and style of Emeka Henry & Sons)
AND
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, MR EMEKA HENRY, Adult, Male, Christian, Business Man and Nigerian Citizen of
Cowry Street, Lekki, Lagos State do hereby make oath and swear as follows:
1) That I am the Claimant/Applicant in this case
2) That by virtue of my position, I am conversant with the facts and circumstances of the
case and other related facts
3) That the Defendant is a public limited company with its registered address at Kirikiri
Road, Apapa, Lagos
4) That I believe that the defendant does not have a good defence to this claim.
5) That the Defendant/Respondent‘s right will not be affected or prejudiced in any way if
this application is granted
6) I swear to this affidavit in good faith believing same to be true and correct to the best of
my knowledge and in accordance with the Oaths Law of Lagos State.
………………
DEPONENT
Sworn to at the High Court Registry, Lagos
This….. day of…………. 2022

BEFORE ME
64
……………..………………………………..
Written address
HOLDEN AT LAGOS
SUIT NO:....................
BETWEEN
MR EMEKA HENRY ..................
CLAIMANT/APPLICANT
AND
WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE

1.0 INTODUCTION
2.0 BRIEF STATEMENT OF FACTS
3.0 ISSUES FOR DETERMINATION
4.0 LEGAL ARGUMENT
5.0 CONCLUSION
6.0 LIST OF ATHORITIES
……………………..
BOMA ESQ.
GROUP 7 & CO
08033448976
Group7@gmail.com
FOR SERVICE ON:
BUKUNMI ESQ.
Defendant/Respondent‘s Counsel
Question 3
Assuming the Defendant after service wants to defend the application in (2) above on the
merit, what document(s) is it required to file and within what time frame?
65
Answer
If the Defendant after service wants to defend the application on the merit, it is required to
file the following document(s) as contained under Order 13 Rule 4 Lagos
1. Memorandum of appearance
2. Statement of defence
3. A list and deposition of the witnesses
4. A list and copies of all documents to be used in his defence
5. A counter affidavit
6. Written brief in reply to the application for summary judgment
Time frame
If the Defendant after service wants to defend the application on the merit, it is required to file
the above listed documents within 42 days as provided under Order 17 Rule 2 LSHCCPR 2019
Question 4
Draft the necessary process(es) with any supporting document that you have identified in (3)
above.
The processes are counter affidavit, statement of defence
Statement of defence – first paragraph ―SAVE AND EXCEPT AS HEREIN EXPRESSLY
ADMITTED‖
….as if same were set out..….
List of witnesses – the heading of the court, suit number, the parties concerned will be there
List of witnesses – mention the names of the witnesses …. For Service on…
List of document – contract document
Question 5
Assuming the Defendant is out of time in filing the documents by which it will defend the
action, state the steps (if any) that it can take to regularise its position in the matter.
Answer
You will file motion before the court seeking leave of the court to … having paid all the
necessary fees
Question 6
Draft the application in 5 above with supporting documents (if any)
66
Answer
HOLDEN AT LAGOS
SUIT NO:....................
BETWEEN
MR EMEKA HENRY ..................
CLAIMANT/RESPONDENT
AND
GOODIES SUGAR PLC .................. DEFENDANT/APPLICANT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER RULE OF THE LAGOS STATE HIGH
COURT CIVIL PROCEDURE RULES AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable Court shall be moved on the...... day of February,
2022 at the hour of 9 O‘clock in the forenoon or so soon thereafter as Counsel to the
Claimant/Applicant may be heard praying the Honourable Court for the following:
1. AN ORDER OF THIS HONOURABLE COURT FOR THE EXTENSION OF
TIME WITHIN WHICH TO FILE THE DEFENCE OF THE
DEFENDANT/APPLICANT
2. ANY FURTHER OR OTHER ORDER(S) that the Honourable Court may deem
fit to make in the circumstances of this case.
……………………..
BUKUNMI ESQ.
Defendant/Applicant‘s Counsel
FOR SERVICE ON
BOMA ESQ.
Claimant/Respondent‘s Counsel
GROUP 7 & CO
08033448976
Group7@gmail.com

HOLDEN AT LAGOS
SUIT NO:....................
BETWEEN
MR EMEKA HENRY ..................
CLAIMANT/RESPONDENT
AND
67
I, FOLUKE EMERALD, Adult, Female, Christian, and Nigerian Citizen of Anofiu Close,
Maitama, Abuja, do hereby make oath and swear as follows:
1) I am a Director in Goodies Sugar Plc
2) By virtue of my position, I am conversant with the facts and circumstances of the
case and other related facts
3) I have the consent and authority of the Defendant to depose to this affidavit
4) That the Defendant/Respondent‘s right will not be affected or prejudiced in any
way if this application is granted
5) I swear to this affidavit in good faith believing same to be true and correct to the
best of my knowledge and in accordance with the Oaths Law of Lagos State.
………………
DEPONENT
Sworn to at the High Court Registry,
Lagos State this….. day of…………. 2022
BEFORE ME
……………..….

HOLDEN AT LAGOS
SUIT NO:....................
BETWEEN
MR EMEKA HENRY .................CLAIMANT/RESPONDENT
AND

1.0 INTODUCTION
2.0 BRIEF STATEMENT OF FACTS
3.0 ISSUES FOR DETERMINATION
4.0 LEGAL ARGUMENT
5.0 CONCLUSION
6.0 LIST OF ATHORITIES
68
……………………..
BUKUNMI ESQ.
Defendant/Applicant‘s Counsel
FOR SERVICE ON
BOMA ESQ.
Claimant/Respondent‘s Counsel
GROUP 7 & CO
08033448976
Group7@gmail.com
CASE STUDY 2
Mr. Santa Claus whose residence is at 4 Fatside Road, Wuse FCT, Abuja, sold a brand New
Prado Jeep to Mrs. Adamant who lives in Anofiu Close, Maitama, Abuja on the 3rd of July 2020
for the sum of N16.5 million (Sixteen Million, Five Hundred Thousand Naira). Mrs Adamant
only made a down payment of the sum of N10 million (Ten Million Naira) and is still owing Mr.
Santa Claus the balance of the purchase price in the sum of N6.5 million (Six Million, Five
Hundred Thousand Naira) Million Naira) only.
Mr. Santa Claus has written several letters of demand to Mrs Adamant to pay up the balance
outstanding but all efforts proved abortive. Infact Mrs Adamant has been avoiding him. Mr Santa
Claus is so frustrated because all efforts to recover the money from Mrs Adamant to solve an
urgent personal need have been futile. He is scared to go to court because of his past experience
in court in another matter where the legal fees charged and the time spent in court defeated the
essence of his going to court. A friend has advised him that there is a very fast procedure by
which he can get judgment expeditiously in court.
Mr Santa Claus wants his money back as a matter of urgency since he feels the matter is a
straight forward case and that Mrs Adamant cannot have a defence to his claim. He has therefore
briefed you to recover all the sums owed to him as quickly as possible.
TASKS:
1. Identify the procedure that will you adopt on behalf of the Claimant to get judgment in a
very fast and expeditious manner in Case Study 2?
69
Answer
Undefended list – 15/1 Abuja
2. State the necessary processes for the purpose of applying for the appropriate procedure you
have chosen in Case Study 2 above.
3. Draft the court process(es) with any supporting document(s) that you will file in court to get
judgment expeditiously in the matter.
Answer
An order placing the writ under the undefended list
An order mandating the defendant to pay the sum of N12,000
The Affidavit
…..
…..
The defendant/respondent made the down payment of ….
I believe that the defendant has no defence to this claim
Question 4
Assuming the Defendant after service wants to defend the application in (No. 2) above on the
merit, what document(s) is it required to file and within what time frame?
Answer
The document is notice of his intention to defend the suit and affidaivit …. 5/1 Abuja
Question 5.
Assuming that the Defendant could not file the court processes it ought to file in (No. 4) above
within time prescribed by the rules, explain what step(s) if any that it can take to regularise its
position.
Answer
Application for an detention of time to file for ….
70
Motion on notice supported by affidavit and written address
6. Draft the necessary process(es) with any supporting document(s) that you have identified in
(4) above.
Notice of intention to defendant

Take notice that the defendant wants to defend the suit at the hearing
….
Question 7 Case Study 2

Explain the procedure that you have chosen in (No.1) above with authorities in support (if
any)
The procedure that I have chosen in (No.1) above is undefended list procedure, contained in
Order 35 Abuja.
The claimant or plaintiff who intends to file an action under the undefended list in Abuja shall
file the following documents:
1. An application as in Form 1 (the writ of summons),
2. An affidavit in support of the writ of summons stating
a. The grounds on which the claim is based (statement- deposition)-
b. That in the belief of the deponent, there is no defence to the claim – although failure of the
claimant to state this is not fatal to his action. It is for the court to determine whether the
defendant has good defence to the action – Edem v. Cannon Bell Ltd.
c. Attach certificate of pre-action counseling – Order 2 Rule 2(2)(e) Abuja
3. If the court is satisfied, it will enter the suit under the undefended list
4. Any judgment gotten would be on merit.
This procedure accords with the decision of the Court of Appeal in Kwara Hotels Ltd v. Ishola
(2002). Also the cases of Bona Textile Ltd v. Asaba Textile Mill support this position.
Question 8, Case Study 2
Assuming the Judge feels that the Defendant has not disclosed a defence on the merit what
order(s) can the court make regarding the procedure you have identified in (No. 1) above?
71
Answer
If the Judge upon examination feels that the defendant has not disclosed a defence on the merit,
the case will be heard as an undefended suit. No leave to defend shall be granted to the defendant
and judgment shall be given in favour of the plaintiff without calling him to prove his case
formally.
Question 9, Case Study 2

Assuming that the Judge is of the view that the Defendant has disclosed a good defence to
the action in (No.1) above what order(s) can the court make in the circumstance?
Answer
If upon the examination of the defendant‘s notice of intention to defend and affidavit, the Judge
is of the view that the Defendant has disclosed a good defence on the merit, the court will grant
leave to the defendant to file for defence on such terms as the court deem fit. The case is then
transferred from the undefended list to the general cause list and it will proceed to full trial.
10. What will be the nature of the Court‘s decision in (No.8) above? Is the decision appealable?
Give reasons for your answer.
Answer
The court decision is final – merit – appealable to a higher court
11. State any other procedure (if any) in Abuja by which the Claimant in this case can get
judgement expeditiously.
Answer
Summary judgment 11 Abuja
Motion on notice supported by affidavit and written address
Undefended list is faster
72
12. State the similarities and differenced (if any) between the procedure you have identified (No.
1) above and the procedure in (No. 11) above.
CASE STUDY 3
Mr Titus Ajasa and Mr. Linus Ajasa are brothers. They both reside in Lagos State. Mr. Titus
Ajasa is an Automobile Dealer in Ogun State, while Mr. Linus Ajasa is an automobile engineer
with his workshop in Ikeja, Lagos State. Mr. Linus Ajasa told his brother who wants to buy a
vehicle that he has a client who wants to sell his fairly used Toyota Highlander SUV ( latest
model) at a price of N14 million naira.They both met the owner to inspect the vehicle in Ibafo,
Ogun State. Thereafter Mr. Titus Ajasa gave his brother Linus Ajasa the sum of N14,000,000 to
complete the transaction.
Unfortunately the owner called to tell them that he does not want to sell the car anymore. Mr.
Linus Ajasa refused to refund the money to Mr. Titus Ajasa despite repeated verbal and written
demands. Mr. Titus Ajasa is so furious because his brother also refused to yield possession of the
four storey building inherited by Mr. Titus Ajasa from their late father.
Mr. Titus Ajasa has now commenced an action in court against his brother Linus Ajasa to
recover the sum of N14 million from him and also obtain an order of declaration of his title to
the four storey building in Banana Island, Lagos.
Mr Linus Ajasa was served with the Originating processes on the 3rd of December, 2021 and he
entered an appearance in the matter on the 31st December, 2021. However, he has failed and/or
neglected to file a defence to the suit till date.
TASKS:
1. Assuming you are Counsel to Mr Titus Ajasa in this case state the necessary step(s) that you
will take in the matter on behalf of your client.
Answer
File motion on notice + Aff + Written Add for default judgment in default of appearance
An order of this honourable entering default judgment against the defendant in default of his
appearance
2. Prepare the necessary application together with the supporting document(s) that you will file
in court on behalf of your client Mr Titus Ajasa in the circumstances of this case.
Answer
Affidavit for default of defence – state that you have served the defendant ….bailiff had sworn to
affidavit of service …he has failed to file statement of defence
73
Assuming the Defendant is out of time in filing his statement of defence in the matter, state the
step(s) that he will be required to take in order to regularise his position in the matter?
Extension of time to file….
Application + Aff + Written Address
3. Draft the necessary application with supporting documents in (No. 3) above.

Question
Assuming the court grants judgment to Mr Titus Ajasa against the defendant in default of his
filing his statement of defence within time prescribed by the rules, explain the steps (if any) that
the defendant can take to set aside the judgment. – Falobi v. Falobi.
Notice + Aff + Written Address
Question 6
Explain the guiding principles that the court must consider before setting aside its own default
judgment given in (No. 5) above with authorities.
Answer
Hope Rising case
Question 7
What is the position of the rules of Court regarding setting aside a judgment obtained in default?
O 12/9 – default of appearance
22/12 – Lagos – default of pleading (note, this will also appear for appearance under the case
management conference.
Reasonable time
Showing evidence of payment of penalty
Question 8
List out the different types of default judgments.
12/4 - Lag
10/1 – Abuja
22/2 Lagos
1/1 Abuja
CASE STUDY 4 (THIS IS TO BE PREPARED BY ALL CLASS GROUPS & STUDENTS)

Mrs Leah Hogan is a caterer who operates her catering business under the name ―Sweet Meals
Enterprises‖ of No. 1 Catering Road, Ikeja. On 1st November 2019 she entered into an
agreement to provide catering services at the graduation ceremony of a private educational
74
institution - Eagles Private School Limited- of No. I Eagles Crescent, Victoria Island, Lagos. The
transaction entailed the supply of 4000 plates of assorted meals for the students of the School,
their parents and other invited guests at the ceremony, at the rate of N4000 per each plate/
person. To cover the cost of the ceremony the School had demanded and received the sum of
N50, 000 from each of its students as a ―Development fee‖
An initial sum of N4 million was paid to Mrs. Hogan, just as the parties agreed to the payment of
the balance of N12 million, within 2 weeks after the holding of the ceremony.
The graduation took place on the 17th November 2019, with success. By a letter of 19th
November, 2019 to Mrs. Hogan, the School commended the excellent performance of her part of
the catering agreement. The School also advised Mrs. Hogan to expect payment of the
outstanding N12 million within a week from the date on the letter.
Contrary to the promise, the School has refused, defaulted, and/ or neglected to settle its
outstanding indebtedness to Mrs. Hogan, in the sum of N12 million, despite several letters and
visits from Mrs. Hogan to the School. Rather, by another letter dated 10th May, 2020, the school
acknowledged its indebtedness to Mrs. Hogan, even as it pleaded its inability to raise the money
at this time. The School blamed its inability to settle the debt on the COVID-19 Epidemic which
had adversely affected payment of school fees by its students, before the closure of the School.
In any case, Mrs. Hogan has found out on good information from Miss. Slippery Joe (a friend of
Mrs. Hogan and an accountant with the School), that the School currently has to its credit - in an
account with the 3rd Bank of Nig. Plc- the sum of N 60 million being the school fees generated
in the last academic session.
Mrs. Hogan has retained your services to recover the sum of N12 million from the School:
ANSWER THE FOLLOWING QUESTIONS:

Question i, Case Study 4
Identify the procedure you would adopt to recover the money expeditiously and without
calling witnesses in Lagos.
Answer
The procedure I will adopt to recover the money expeditiously and without calling witnesses in
Lagos is summary judgment procedure under Order 13 Rule 1 High Court Civil Procedure Rule
2019, Lagos.
The application is by motion in accordance with in accordance with Order 43 Rule 1(1)
HCCPR, 2019 Lagos. Supported by affidavit stating the grounds on which the claim is based.
Question ii Case Study 4
75
State the documents that you would have to file in court while commencing the action in (i)
above.
Answer
The documents that I will file in court while commencing the action as contained in Order 13
Rule 1 HCLCPR 2019 are:
1. Writ of summons supported by affidavit and a written address,
2. Statement of claim.
3. List and copies of documents to be relied upon
4. List and deposition of witnesses
5. Application for summary judgment supported by affidavit stating the grounds on which the
claim is based.
6. Pre-action protocol Form 01
Question iii Case Study 4
Draft the application and the affidavit required in (i) above

Answer

IN THE LAGOS JUDICIAL DIVISISON
HOLDEN AT LAGOS
SUIT NO: HCL/223/22
BETWEEN
MRS LEAH HOGAN
(Trading under the name Sweet Meals Enterprises)…..…CLAIMANT/APPLICANT
AND
EAGLES PRIVATE LIMITED……………………..…....DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 13 RULE 1 AND 43 RULE 1 OF THE HIGH
COURT OF THE LAGOS STATE CIVIL PROCEDURE RULES 2019 AND THE
INHERENT JURISDICTION OF THIS COURT
76
TAKE NOTICE that this court will be moved on the ……day of…. 2022 at the hour of 9‘0 clock
in the forenoon or so noon thereafter as counsel to the claimant/applicant may be heard praying
the court for the following:
1. AN ORDER FOR SUMMARY JUDGMENT in the favour of the claimant/applicant ordering
the defendant/respondent to pay the claimant the sum of N12m.
2. AND FOR SUCH FURTHER ORDERS AND OTHER ORDERS as the honourable court
may deem fit to make in the circumstances of this case.
GROUNDS FOR THE APPLICATION
TAKE FURTHER NOTICE that the ground for the application is premised is that the
Defendant/Respondent having been served with all relevant originating processes in this suit has
no defence.
Dated this 11th day of February 2022

U.I .AWARE ESQ
Applicant‘s Solicitor
AWARE & CO
No. 1Akins way Ikoyi. Lagos
FOR SERVICE ON:

T. C Owode ESQ
OWODE & CO
RESPONDENT‘S SOLICITOR
Plot A2 Ikoyi Lane . Lagos.

IN THE LAGOS JUDICIAL DIVISISON
HOLDEN AT LAGOS
SUIT NO: HCL/223/22
BETWEEN
MRS LEAH HOGAN
(Trading under the name Sweet Meals Enterprises)……CLAIMANT/ APPLICANT
AND
77
EAGLES PRIVATE LIMITED………………………...DEFENDANT/RESPONDENT
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICCE

I, LEAH HOGAN, Adult, Female, Christian, Caterer and owner of Sweet Meals Enterprises and
Nigerian Citizen of No 1 Catering Road Ikeja do hereby make oath and state as follows:
1. That I am the claimant/ applicant in this suit
2. That by virtue of my position I am conversant with the fact and circumstances of this suit
3. That on the 1st November 2019 I entered into a contract with the defendant to provide catering
services for the sum of N16,000,000 (Sixteen million Naira)
4. That an initial sum of 4million was paid and 12 million agreed to be paid 2 weeks after the
graduation.
5. That contrary to the agreement the defendant has refused and defaulted to settle its outstanding
debt.
6. That several letters of demand has been sent and the defendant has acknowledged the debt.
The letter is hereby attached as EXHIBIT A1
7. I believe that the defendant has no defence to this claim
8. That the Defendant/Respondent‘s right will not be affected in any way if the application is
granted
8. I swear to this affidavit in good faith believing the same to be true and correct in accordance
with the Oaths Law.
……………………
DEPONENT
Sworn to at the High Court Registry of Lagos State on the 11th day of February, 2022
BEFORE ME
……………………………………….
COMMISSIONER OF OATHS
Draft the written address
Question iv, Case Study 4

Assuming the cause of action arose in Abuja, identify any other procedure that could be
adopted for the recovery of the money in lieu of the procedure identified in (i) above.
78
Answer
If the cause of action had arisen in Abuja, the other procedure that could be adopted for the
recovery of the money in lieu of the procedure identified in (i) above is undefended list
procedure under Order 35 Rule 1 Abuja 2018.
Question v, Case Study 4
Give a list of steps involved in the procedure in (iv), above.

Answer
1. The claimant shall file a writ of summons as in Form 1 in the Appendix to the rule
2. The writ of summons shall be supported by an affidavit stating the grounds on which the
claim is based, and stating that in the deponent‘s belief there is no defence to it,
3. The claim must be for a liquidated money demand and in compliance with the Abuja
Rules of Court, the claimant must also file a pre-action counseling certificate - Order 2
Rule 2(2)(e) Abuja.
4. The judge in chambers shall examine the writ and the supporting affidavit and if satisfied
that there are good grounds for believing that there is no defence to the claim, will enter
the suit for hearing under the ―Undefended List‖ and mark the writ of summons
accordingly - Order 35 Rule 1(1) Abuja.
5. The writ of summons for a suit in the undefended list shall contain the return date of the
writ - Order 35 Rule 1(2) Abuja.
6. The claimant shall deliver to a registrar as many copies of the supporting affidavit, as
there are parties against whom relief is sought, for service - Order 35 Rule 2 Abuja.
7. A copy of the marked writ and supporting affidavit shall be served on the defendant.
8. Upon service, the defendant has two options: he may concede the claim if he has no
defence or he may wish to defend the action
9. A defendant who concedes the claim is not required by Rules to file or do anything. On
the date fixed for hearing, the court may give judgment for the claimant based on his writ
and affidavit in support and the fact that defendant has no notice of intention to defend
the action. The claimant is not allowed to prove his case formally by summoning
witnesses before the court.
10. If the defendant wishes to defend the action, he shall file a Notice of Intention to
defendant with an affidavit disclosing a defence on the merit before 5 days to the hearing
date in accordance with Order 35 Rule 3(1) Abuja
11. On the hearing date, the court may give leave to defend the action upon just terms. If
leave to defend is given under this Rule, the action is removed from the Undefended List
and placed on the ordinary Cause List; and the Court may order pleadings, or proceed to
hearing without further pleadings.
12. If leave to defend is not granted by the court, the suit shall be heard as an undefended suit
and judgment given accordingly.
13. The court is at liberty to call for hearing or require oral evidence where it feels compelled
at any stage of the proceedings where there is no Notice of Intention to defend.
Question vi, Case Study 4

State 2 similarities as well as 3 differences between the procedure in (i) and the other one in
(iv), above.
79
Answer
Differences between Order 11 Summary Judgment and Undefended List
S/No. SUMMARY JUDGMENT UNDEFENDED LIST
1 It applies to all suits in which the It applies only to cases of recovery of debt and
defendant has no defence liquidated money demand
2 Mode of application is via motion on notice. Mode of application is via motion ex parte.
Order 39 Rule 1(1) & 3(1) Cash Affairs Ltd. v. Inland Bank (Nig.) Plc
Lagos; Order 49 Rule 1(1) Abuja (2000)
3 Statement of claim and deposition of There is no requirement for statement of claim
witnesses are to accompany writ of and deposition of witness to accompany
summons. Order 11 Rule 1 statement of claim. Order 35 Rule 1 Abuja
Lagos/Abuja
4 Suits are entered under summary Suits are entered under the undefended list
judgment procedure by the Registrar procedure by the Judge in Chambers. Order 35
Rule 1(1) Abuja
5 Where the matter is transferred to the Where the matter is transferred under the
general cause list after the defendant has general cause list after the defendant has
disclosed a defence on the merit, the hearing disclosed a defence on the merit, hearing can
will have to be by pleadings be by affidavits of parties without requiring
pleadings. Order 35 Rule 3(1) Abuja
6 Application is brought under Order 11 of Application is brought under Order 35 of Abuja
the Extant Rules (Lagos & Abuja) Rules
7 Where the defendant wants to defend, there Where the defendant wants to defend, there is
is no requirement for filing notice of requirement for filing notice of intention to
intention to defend defend. Order 35 Rule 3 Abuja
Similarities
The similarities between the procedure under the undefended list under Order 35 Abuja and
summary judgment under Order 13 Abuja; Order 11 Lagos are as follows:
1. Both are commence via writ of summons
2. Both are based on affidavit evidence;
3. Summary judgment on the merits;
4. Both are for obtaining judgment expeditiously
5. Judgment obtained under both cannot be set aside by the trial court;
6. Appeal lies to a higher court
7. No right of order granting unconditional leave to defend
8. The claimant must state that he believe that the defendant has no defence
80
9. Both must be made at the time of commencement of action
Question vii, Case Study 4

Make a list of different types of default judgments
Answer
Default judgment is usually obtained by a plaintiff in reliance of some omission on the part of
the Defendant in respect of something which he is directed to do by the rules.
Two main types are:
1) Default of Appearance: This judgment is given where a defendant fails to enter
appearance by filling the memorandum of appearance within the time prescribed. (O. 10
Abuja; O. 12 Lagos)
2) Default to file defence or pleadings by defendant, judgment may be entered in favour of
the Defendant. (O. 21 Abuja; O. 22 Lagos)
Other types of default judgment are:
3) Default of Appearance at trial after entering appearance and filing defence. (O. 32(3)(4)
Abuja; O.33(3)(4) Lagos)
4) Default in complying with the requirements of pre-trial conference (Abuja) or case
management conference (Lagos)
(O.27 r.5 Lagos; O. 27 r. 18 Abuja)
81
WEEK 9
PLEADINGS
CASE STUDY 1
business name of Emeka Henry & Sons with his registered office at Cowry Street, Lekki, Lagos
State entered into a contract with Goodies Sugar Plc whose registered office is at Kirikiri Road,
Apapa, Lagos to supply 25 trailer loads of Sugarcane worth N70 million. The terms of the
agreement as stated in Clauses 4 & 5 of the contract agreement provide that:
4. The supplier shall supply the 25 trailer loads of Sugarcane to the purchaser on or before the
30th day of June 2020.
5. That down payment of N35 million being 50% of the contract sum will be made by the
purchaser to the supplier before the supply and the balance will be paid upon delivery at the
refinery on the 30th day of June 2020.
Goodies Sugar Plc limited paid the deposit of N35 million to Mr Emeka Henry who thereafter
delivered 20 trailer loads of Sugarcane within the time agreed upon. However, while the
remaining five trailer loads of Sugarcane were in transit, there was a traffic lock-jam along the
Apapa Oshodi Expressway due to a burning fuel tanker. Consequently Mr Emeka Henry could
not deliver the remaining Sugarcane until the 5th day of July 2020.
Goodies Sugar Plc refused to pay Emeka Henry the balance of N35 million despite the fact that
they accepted delivery of the goods. On the 12th day of July, 2020 the Managing Director of
Goodies Sugar Plc wrote a letter to Mr Emeka Henry stating that the Company has decided not
to pay the balance because the sugar cane in the last 5 lorry loads supplied were not of good
quality and did not meet the standard requested by the company. Emeka Henry does not agree
with the position taken by the Company and has written several letters of demand asking
Goodies Sugar Plc to pay him his balance but all efforts at getting the Company to pay fell on
deaf ears. Emeka Henry really needs to recover the money in order to pay back the loan he
obtained from First Atlantic Bank when he was going to execute the contract.
Mr Emeka Henry has now briefed you to institute an action in court against Goodies Sugar Plc
for recovery of his outstanding sum of N35 million, Interest on the said sum at the rate of 21%
per annum until date of payment, N50 million general damages for the mental torture and
inconvenience occasioned to him as a result of the non-payment of his money.
TASKS:
82
Question 1
Assuming you have been briefed by the Claimant in Case Study 1, draft the Statement of
Claim.
Answer
HOLDEN AT LAGOS
SUIT NO: HCL/192/2020.
BETWEEN:
EMAKA HENRY & SONS.................................. CLAIMANT
AND
GOODIES SUGAR PLC................................... DEFENDANT
STATEMENT OF CLAIM
1. The claimant is a company incorporated under the company and allied matters act with its
registered office at Cowry street, lekki Lagos state.
2. The defendant is a public limited company incorporated under the companies and allied
matters act, with its registered address kirikiri Road, Apapa, Lagos .
3. The claimant avers that on the 1st day of April 2020, the claimant entered into a contract
with the defendant to supply 25 trailer loads of sugarcane worth N70,000,000.00 (70 million
naira) and claimant will rely on the document attached to this document to prove same
during trial.
4. The claimant avers that the defendant paid a deposit sum of N35,000,000.00(35 million
naira) which was 50% of the total fee.
5. The claimant avers that the parties agreed that all 25 trailers of sugarcane would be delivered
on or before the 30th day of June 2020.
6. The claimant avers that it was also the agreement of the parties that the balance would be
paid upon delivery at the refinery on or before 30th June, 2020.
7. The claimant avers that due to some logistics problems he could not supply the blocks until
the 5th day of July, 2020.
8. The claimant avers that the defendant refused to pay the contract sum even though defendant
accepted delivery of the goods.
9. On the 12th day of July 2020, claimant received a letter from the defendant purportedly
refusing to pay the balance of the contract sum after sugarcane was delivered and receipt
acknowledged by the defendant.
10. Upon receipt of the letter, the claimant sent out several letters of demand, one on the 13th
day of July, 2020, another on the 16th day of July, 2020, the next on the 21st day of July and
another on the 2nd day of August to the defendant to pay the balance of the contract sum all
to no avail. The claimant will rely on the letters to prove same during trial.
11. The claimant shall contend on trial that the defendants letter dated July 12th, 2020 was
83
merely calculated to avoid payment of the goods delivered
WHEREOF the claimant claim as follows:

I). The sum ₦35,000,000.00 (Thirty Five Million Naira) only for the sugar supplied.
2). 21% annual interest on the contract sum until date of payment.
3). ₦50,000,000.00 (Fifty Million Naira) only as general damages for breach of contract.
Dated this 12th Day of August, 2020.
...............................
G.O Ogunbiyi Esq
Claimant's counsel
Group one & co
No 3 cowry street,
Lekki, Lagos.
Groupone@gmail.com
070111111111
FOR SERVICE ON
The Defendant
Goodies Sugar PLC
Kirikiri Road,
Apapa Lagos.
Question 2
Assuming you have been briefed by Defendant in Case Study 1, prepare the Statement of
Defence.
Answer
HOLDEN AT LAGOS
BETWEEN
EMEKA HENRY………..………………………………………. CLAIMANT
(Trading under the name and style of “Emeka Henry & Sons”)
AND
GOODIES SUGAR PLC ………………………………………. DEFENDANT
STATEMENT OF DEFENCE
84
SAVE AND EXCEPT as is herein after expressly admitted, the Defendant denies each and every
allegation of fact contained in the Claimant‘s statement of claim as if same is herein set out and
traversed seriatim-
1. The Defendant admits paragraphs 1, 2 and 3 of the Statement of Claim.
2. The Defendant denies paragraphs 7, 8 and 9 of the Statement of Claim.
3. The Defendant states in response to paragraph 7 of the Statement of Claim that the sum
of ₦35,000,000.00 (Thirty Five Million Naira) only was paid to the claimant as deposit
for the delivery of within the time agreed upon on the 30th day of June 2020.
4. The Defendant further states in response to Paragraph 8 and 9 that on the 30th day of June
2020, only 20 trailer loads of Sugarcane and not 30 trailer loads of sugarcane were
delivered at the time agreed upon.
5. The Defendant avers that the claimant did not deliver the remaining 5 trailer loads of
sugarcane until the 5th day of July 2020.
6. The Defendant avers that on the 12th day of July 2020, the Defendant wrote a letter
stating the last 5 lorry loads supplied were not of good quality and did not meet the
standard requested by the company.
7. The Defendant avers that the Claimant gave no response as to the complaint made in
respect of the quality of the sugarcane delivered.
8. The Defendant avers that he does not owe the claimant any balance of ₦35, 000,000.00
(Thirty-Five Million Naira) or any amount whatsoever.
9. The defendant by way of setoff claims the sum owed of ₦50,000,000 (Fifty Million
Naira) only being the amount of loss suffered as a result of the substandard sugarcane
delivered by the claimant.
10. The defendant shall during trial, rely on the following documents:
a. Contract agreement between the parties executed on the 1st day of April 2020.
b. Receipt of the paid deposit of ₦35, 000,000 (Thirty Five Million Naira) only, being
payment of the 50% of the contract sum to the claimant‘s account by the defendant.
c. Letter to the claimant stating that the sugar cane was not of good quality dated 12th day
of July 2020
11. The Defendant states that the claimant's claim is frivolous, baseless, abuse of court
process and should be struck out.

………………………..
A.I. Akintayo ESQ
DEFENDANT‘S SOLICITOR
GROUP 2 CHAMBERS
NO 10 Law School Drive, Victoria-Island
Lagos.
Group2chambers@gmail.com
08185339161
FOR SERVICE ON:
The defendant
Goodies sugar PLC
Kirikiri Road Apapa
Lagos
85
Question 3
In addition to defending the case in Case Study 1, the defendant also wants to counterclaim
in order to recover the sum of N35 million earlier paid as down payment to the Claimant
because of its allegation that the sugar cane in the last 5 lorry loads supplied were not of
good quality and did not meet the standard requested by the company. Prepare the
pleading you will file in response to the statement of claim in order to do this.
Answer
HOLDEN AT LAGOS
SUIT NO: HCL/02/07/33
GOODIES SUGAR PLC…………………………………………….… CLAIMANT
AND
MR. EMEKA HENRY
(Trading in the name and style of EMEKA HENRY & Sons…………DEFENDANT
COUNTER CLAIM
1. The Counter Claimant avers that there was a contract between the Counter Claimant and
the Defendant/Claimant to this Counter-Claimant on the 1st day of April 2020, for the
supply of 25 trailer loads of Sugarcane worth N70,000,000.
2. The counter claimant avers that Defendant/Claimant failed to deliver the remaining 5
trailer loads of sugarcane on or before the 30th day of June 2020 as agreed by both parties
as delivery was made at a later date of 5th of July 2020.
3. The counter claimant avers that the last 5 trailer loads of sugarcane delivered by the
defendant/claimant were not of good quality and did not meet the standard as requested
by the Counter-claimant.
WHEREFORE THE COUNTER-CLAIMANT CLAIMS:
a) A DECLARATION that the defendant/claimant breached the terms of the contract.
b) AN ORDER compelling the defendant/claimant to refund the sum of N35,000,000
earlier paid by the Counter-claimant as down payment.
………………………….
A.O Akinrefe Esq
COUNSEL TO DEFENDANT
90, Akerele Street
Ikorodu, Lagos.
FOR SERVICE ON:
O.P Olaoba Esq
Counsel to Claimants
May and Baker Law Practice,
Suite 40, Craig Avenue,
Lekki, Lagos.
86
Question 4
List and explain the functions of pleadings.
Answer
1. Pleadings define the issues in dispute between the parties and also highlight matters in
which there is agreement between them. Issues are thus narrowed down, also facts
admitted need not be proved - section 123 Evidence Act 2011.
2. By pleadings, each party gives a fair notice to the other, of the case he intends to put up in
court. This enables the other party to prepare his own case in advance. Thus:
a. No party is allowed to adduce evidence on an issue not raised in the pleadings. Such
evidence ―goes to no issue‖ - Vincent Bello v. Magnus Eweka (1981)1 SC101
b. Evidence that is adduced which is contrary to or at variance with pleadings also goes to no
issue and must be expunged from the record of court if already admitted - Ambrosini v.
Tinko (1929) 9 NLR 8; Adegbenro v. AG (Fed) (1962)1 All NLR 431 o
c. A fact pleaded, on which no evidence is adduced, also goes to no issue - Olarewaju v.
Afribank (Nig) Plc (2001) 7 SCNJ 493
3. Pleadings inform the court what dispute exists between the parties. The court is in turn,
bound or guided by the pleadings in deciding whether or not it has jurisdiction over the
matter.
4. Pleadings constitute permanent records of what was decided on in a particular case; and
forms the basis on which a plea of estoppel per rem judicata may be raised in subsequent
actions.
5. Pleadings assist the court in determining the party on whom the onus of proof lies - Bakare
v. ACB Ltd. [1986] 5 SC 48
Question 5
State the formal parts of a statement of claim and explain what they are used for.
Answer
The formal parts of a statement of claim are:
1) The introductory averments; usually the first 3 paragraphs.
2) The body; and
3) The prayer or relief.
The Introductory Averments

This part deals with what is generally referred to as matters of inducement. They include
assertions as to who the parties are, their business and the work they do and their connection with
the transaction which is the subject of the dispute before the court. The introductory averments
usually consist of the first two or three paragraphs of the statement of claim.
87
The Body of the Statement of Claim
This is the part where the plaintiff states all the material facts upon which he relies in order to
prove his case. Order 15 rule 2(1) High Court (Civil Procedure) Rules of Abuja 2018. From the
body it should be clear whether or not the plaintiff has a cause of action and the defendant has a
legal liability. It is therefore important that the body of the statement of claim should disclose ex
facie, a legal right vested in the plaintiff and a breach or violation of that legal right by the
defendant. Wuta-Ofei v. Danquah; John George Will v. J A George Will.
The prayer or relief:

A statement of claim ought to state specifically the prayer or relief which the plaintiff
claims.Order 15 rule 1(1) Abuja rules. It is the last part of the statement of claim . It usually
begins with the words"And the plaintiff claims as follows..." or " Whereof the plaintiff claims as
follows..." and it then goes on to itemize the reliefs sought by the plaintiff.It is the claim, that is,
the relief being sought that the court examines in order to determine whether or not it has
jurisdiction to entertain the action.
Question 6
In paragraph 3 of the Statement of Claim the Claimant averred that “On the First day of
April 2020, the Claimant entered into a contract with the Defendant for the supply of
twenty five trailer loads of Sugarcane worth Seventy Million Naira.” Comment on the
propriety of this statement. Do a redraft if and where you think it is necessary.
Answer
This statement is not properly drafted. In line with the rule of drafting of pleadings, every
expression of dates, sums and numbers should be in figures.
It should be: On the 1st day of April 2020, the claimant entered into a contract with the defendant
for the supply of 25 trailer loads of Sugarcane worth of ₦70,000,000.00 (Seventy Million Naira).
Question 7
Assuming in paragraph 7 of the Statement of Claim the Claimant averred that “The
Claimant submits that the Defendant has intentionally breached the terms of the contract
agreement and is liable to pay damages for breach of contract. Comment on the propriety
or otherwise of the statement.
Answer
The Statement in Paragraph 7 of the statement of claim is improper. This is because every
pleading shall contain fact but not law or legal argument or conclusion. The party is only entitled
to plead the facts in which the law will be based. It is entirely for the judge to draw legal
conclusions based on the facts pleaded.
In Goureit v. Egerton, the court stated that it is bad pleading to allege merely that a right, duty or
a liability exists as the facts must be set out which give rise to such right or create such liability.
Hence it is for the court to determine the liability of the defendant not the claimant as the
claimant can only pray the court for the reliefs claimed.
88
Question 8
Assuming in paragraph 8 of the Statement of Claim the Claimant also stated that “It is the
opinion of the Claimant that the Defendant having accepted delivery of the goods is
estopped from avoiding the contract under the disguise that the goods supplies were not of
good quality.” Comment on the propriety of this statement.
Answer
It is improper for the statement of claim to contain allegations of facts attempting to purposely
destroy in advance, an anticipated imaginary defence that may be relied on by the defendant.
Anticipating the answer of the adversary and attempting to destroy it is in advance is referred to
as "leaping before one comes to the stiles". Rather a statement of claim should confine itself to
material facts at the present stage of the action and show a good prima facie case. In Hall v. Eve,
the court held that it was no part of statement of claim to anticipate the defence and begin to
answer to it - Shell Petroleum Development Co. v. Burutu LGC.
Question 9
State out the matters that must be specifically pleaded in pleadings.
Answer
1. Matters that will take the adverse party by surprise if not pleaded must be specifically
pleaded. Examples are limitation of action, immunity, commission of crime, fraud and
illegality.
2. Counterclaim or set-off must be specifically pleaded and relevant particulars furnished.
3. Insanity must be specifically pleaded in probate matters. A party who intends to challenge
a Will on the ground that the testator was insane, of unsound mind, memory and
understanding must specifically plead same and state particulars of such instances of
delusion and shall confine his evidence to the instances pleaded, at the trial.
4. Adultery in matrimonial causes must be specifically pleaded, giving particulars as to
date, time and place of occurrence as well as particulars of the person with whom the
adultery is allegedly committed.
5. In defamation cases, the words that are alleged to be defamatory must be specifically
pleaded and particulars of publication, the names of person(s) to whom the words were
uttered, in the case of slander, furnished. If the defamatory words were written or spoken in
a foreign language, the exact foreign version must be pleaded, followed by an
interpretation or translation of same. If the words complained of are ordinarily not
defamatory or did not specifically refer to the Plaintiff, the fact from which the court can
infer the innuendo or reference to the Plaintiff must be pleaded. Particulars of special
damages if any and any defence like qualified privilege or justification must be pleaded.
6. Equitable maxims and “special pleas” like res ipsa loquitur, estoppel, latches,
acquiescence and undue influence must be specifically pleaded or sufficient facts from
which such maxims or doctrines could be implied, must be pleaded if intended to be relied
on at the trial - Ololo v. NAOC Ltd. [2001] 6 SC 136 at 140
7. Evidence of traditional history where it is to be relied on in land matters must be
specifically pleaded. Particulars of custom, family history and the ancestral lineage
relevant to the claimant‘s title must be pleaded.
8. Unenforceability of a document or waiver of a right must be pleaded specifically by
party relying on same as defence.
89
9. A purchaser of a legal estate, subject of a prior equitable mortgage must specifically
plead that he is a purchaser for value without notice or else, notice will be imputed.
10. Special damages must be specifically pleaded and particulars of same itemised and proved
at the trial for the Claimant to succeed.
11. Customary law, foreign law and Islamic law must be specifically pleaded unless already
judicially noticed by the court.
12. Documents that are material facts to the establishment of a fact must be pleaded.
Although, decided authorities are replete that say it is not necessary to plead a document, it
is however submitted that the guiding question is whether the document itself is a material
fact.
Question 10
Assuming the Defendant averred in paragraph 5 of his statement of Defence that “The
Defendant denies owing the Claimant the sum of N35 million Naira.” Comment on the
propriety or otherwise of this statement. Do a redraft if and where you think it is necessary.
Answer
The statement is not proper. This is because it raises other propositions such as; does the
defendant owe more than 35 million naira or less than 35 million naira.
The draft breached the rule of negative pregnant traverse which provides that monetary sums
should be written in figures and the tone of must be indicative and not passive.
Redraft:
The defendant denied owing the claimant the sum of ₦35,000,000.00 (Thirty Five Million Naira)
or any other amount at all
Case Study 2:
On October 1st, 2020 Miss Tade Gold who resides at 6, Alubarika close, GRA, Ikeja, Lagos was
approached by Mr Ola Rascal who lives at 9, Pako Lane, GRA Ikeja, Lagos to be his lover but
she turned him down. She told him that he was not a graduate and was working as an ordinary
cashier in a supermarket and that since she is a graduate and an Engineer by profession she
would rather date a graduate who is a professional like herself.
This did not go down well with Mr Ola Rascal who felt insulted and belittled by what Miss Tade
Gold said to him. Ola Rascal informed his police officer friend Mr Tony Biggie about what
transpired between him and Miss Tade Gold. On her way back from church on the 7 th of
October, 2020, Miss Tade Gold was harassed and assaulted by both Ola Rascal and Mr Tony
Biggie along Allen Avenue, Ikeja, Lagos. In the process she sustained some serious injuries, her
pair of glasses and Apple lap top got broken. She was rushed to the Tender Care Medical Center,
Ikeja where she was admitted for 5 weeks for medical treatment.
Miss Tade Gold is very upset by the whole incident. After her discharge from hospital she
briefed you as Counsel to institute an action in Court against both Mr Ola Rascal and Mr Tony
Biggie for the sum of (i) N2.5 paid as hospital bill for surgery performed on her broken leg and
other medical treatment, (ii) N550,000 as cost of replacing her Apple lap top, (iii) N150,000 as
cost of getting a new pair of glasses and (iv) N50 million as general damages for the pains she
suffered, emotional trauma and mental torture she went through.
90
TASKS:
Question 1
Assuming you have been briefed by the Claimant in Case Study 2, draft the statement of
claim.
Answer
HOLDEN AT LAGOS
BETWEEN
TADE GOLD...…………………………….……………….... CLAIMANT
AND
2. OLA RASCAL...................................................... 1ST DEFENDANT
3. TONY BIGGIE………………………….………… 2ND DEFENDANT
STATEMENT OF CLAIM
11. The Claimant is a graduate and an engineer, who resides at 6, Alubarika close, GRA
Ikeja, Lagos.
12. The 1st Defendant is a cashier at a supermarket, who resides at No. 6, Pako lane, GRA,
Ikeja, Lagos.
13. The 2nd Defendant is a police officer and a friend of the 1st defendant who recides at N0
1 Dwane Drive Ikoyi Lagos.
14. The Claimant avers that the 1st defendant, approached her to be his lover on the 1st of
October 2020.
15. The Claimant avers that she rejected the proposal of the 1st defendant to be his lover on
the ground that he is not a professional like herself.
16. The Claimant avers that the 1st defendant felt insulted and belittled by the claimant‘s
statement
17. On the 7th of October 2020, the 1st and 2nd defendant jointly harassed and assaulted the
claimant along Allen Avenue, Ikeja, Lagos on her way back from church.
18. The Claimant sustained serious injuries, her pair of glasses and apple laptop got broken in
the process of being harassed and assaulted by the 1st and 2nd defendant.
19. The Claimant was rushed to Tender Care Medical Centre, Ikeja where she was admitted
for 5 weeks for medical treatment.
91
PARTICULARS OF SPECIAL DAMAGES
1. Cost of hospital bill for surgery performed on the broken leg of the complainant and
medical treatment = ₦2,500,000.00 (Two Million and Five Hundred Thousand Naira).
2. Cost of the damaged Apple lap top = ₦550,000.00 (Five Hundred and Fifty Five thousand
Naira)
3. Cost of damaged pair of Glasses = ₦150,000.00 (One Hundred and Fifty Thousand Naira)
THE CLAIMANT CLAIMS AS FOLLOWS:

(a) The sum of ₦2,500,000.00 (Two Million and Five Hundred Thousand Naira) for the hospital
bill for surgery performed on the claimant‘s broken leg and other medical treatments.
(b) The sum of ₦550,000.00 (Five Hundred and Fifty Five thousand Naira) as the cost of
replacing her Apple laptop
(c) The sum of ₦150,000.00 (One Hundred and Fifty Thousand Naira) as cost of getting a new
pair of glasses, and
(d) The sum of ₦500,000.00 (Five Hundred Thousand Naira) as general damages for pains
suffered, emotional trauma, and mental torture experienced by the claimant.
Dated this 15th day of February 2022.
______________________
DAMOLA AJAYI ESQ
CLAIMANT SOLICITORS
DAHMZIE & CO
No. 7 Mayfair way, Victoria Island Lagos
Damolaajayi@gmail.com
08134567789
FOR SERVICE ON:
First Defendant.
Ola Rascal
No 6 Pako Lane, GRA Ikeja Lagos.
SECOND DEFENDANT:
Tony Biggie
N0 1 Dwane Drive Ikoyi Lagos.
92
Question 2
Assuming you have been briefed by Defendant in Case Study 2, prepare the statement of
defence.

HOLDEN AT LAGOS
BETWEEN
MISS TADE GOLD …………… CLAIMANT
AND
1. MR OLA RASCAL
2. MR TONY BIGGIE ……………… DEFENDANTS
1. SAVE AND EXCEPT as hereinafter expressly admitted, the Defendants deny each and
every material allegation of fact contained in the Statement of Claim as if they were set
out herein and traversed seriatim.
2. The 1st Defendant admits paragraphs 1, 2, 3, 4 and 5 of the Claimant‘s Statement of
Claim.
3. The 1st and 2nd Defendants deny paragraphs 6 & 7 of the Claimant‘s Statement of Claim
4. The 1st and 2nd Defendants deny that they ever harassed or assaulted the Claimant along
Allen Avenue, Ikeja, Lagos on the 7th day of October, 2020 or any other day.
5. The 1ST and 2nd defendants aver that paragraph 6 & 7 of the Claimant‘s Statement of
Claim are a distortion of facts and the Defendants put the facts in their proper perspective
as follows:
a) The 1ST and 2nd defendants never saw nor met the Claimant on the 7th day of
October, 2020.
b) At no time on the 7th of October, 2020 were the 1ST and 2nd defendants at or
anywhere near Allen Avenue, Lagos
6. The 1ST and 2nd defendants state that the claims of the Claimant are frivolous, vexatious
and an abuse of court process.
Dated this 14th day of February, 2022

…………….
V.O UMEH ESQ.
GROUP 7 & CO
DEFENDANTS COUNSEL
15, Ikoyi, Lagos
Group7@gmail.com
09099865576
ADDRESS FOR SERVICE:
F.F ALAYA ESQ
F.F. Alaya & co
Ffaalaya@gmail.com
0810623443
93
Question 3
Assuming the Claimant in Case Study 2 forgot to state in her statement of claim the fact
that the Defendants whilst harassing and assaulting her broke her Apple I- pad which she
bought for the sum of N550,000.00. The Claimant now wishes to raise this fact by way of
amendment of her statement of claim. Draft the necessary application for amendment.
Answer
Procedure for amendment of pleadings
The Necessary application for amendment of statement of claim is by Motion on notice,
supported with an affidavit and a written address.
MOTION ON NOTICE
HOLDEN AT LAGOS
SUIT NO:...............
BETWEEN
MISS TADE GOLD - CLAIMANT
AND
4. MR OLA RASCAL
5. MR TONY BIGGIE - DEFENDANT
MOTION ON NOTICE
(CIVIL PROCEDURE) RULE 2019 AND UNDER THE INHERENT JURISDICTION OF
THIS HONOURABLE COURT
TAKE NOTICE That this honourable court may be moved on the ….. Day of ………At the
hour of 9:00 o'clock in the forenoon or so soon thereafter. Where counsel to the claimant
applicant shall be heard praying the court the following order:
(g) An order seeking the leave of court for the claimant/applicant to amend the statement of
claim dated and filed on the 30th day of January 2022.
(h) And for such further order and other order as this honourable court may deem fit to make
in the circumstance.

Tamilore Adeogun, Esq
Pepper Dem Legal
19, Ironrod street, Lagos.
t.adeogun@pdl.com
08012345678
FOR SERVICE ON
1st and 2nd Respondent
℅ their counsel
Daf Brown, Esq.
94
419 Marlian Way, Lagos
PROPOSED AMENDEMENT TO THE STATEMENT OF CLAIM

HOLDEN AT LAGOS
SUIT NO:...............
BETWEEN
AND
1. MR OLA RASCAL
PROPOSED AMENDMENT TO THE STATEMENT OF CLAIM

1. The Claimant is an Engineer, residing at No. 6 Alubarika close, GRA, Ikeja, Lagos.
2. The 1st Defendant is a cashier, residing at No. 9 Pako Lane GRA, Ikeja, Lagos.
3. The 2nd Defendant is a police officer, with the Nigeria Police Force, residing at No. 39,
Pako Lane GRA, Ikeja Lagos.
4. The Claimant avers that on the 1st day of October, 2020, she was approached by the 1st
defendant to be his lover.
5. The Claimant further avers that she turned down the 1st Defendant‘s request.
6. The Claimant avers that on her way back from church on the 7th day of October, 2020,
she was seriously beaten by the 1st and 2nd Defendants in Alubarika Close, GRA Ikeja,
Lagos.
7. The Claimant further avers that as a result of the serious beating meted on her, she
sustained some serious injuries.
8. The Claimant avers that her pair of glasses, Apple laptop and Apple I-pad got
broken in the course of the assault.”
9. The Claimant avers that she was immediately rushed to Tender Care Medical Centre, a
hospital at No. 17 Daniel Close, GRA Ikeja Lagos, where she was admitted for 5 weeks
for medical treatment.
10. The Claimant further avers that she paid, as hospital bill, the sum of N2, 500, 000 (Two
Million Five Hundred Thousand Naira) for surgery performed on her broken leg and
other medical treatment.
11. The Claimant avers that she replaced her broken Apple laptop and Apple I-pad at
the cost of N550, 000 (Five Hundred and Fifty Thousand Naira), each.
12. The Claimant further avers that she spent the sum of N150, 000 (One Hundred and Fifty
Thousand Naira) as cost of getting a new pair of glasses.
13. The Claimant shall, during the trial, rely on the following document:
a. The medical report issued by a medical doctor;
b. Receipt of the sum of N2,500,000.00 being the bill charged by the hospital;
c. Receipt of purchase of the new Apple laptop;
d. Receipt of payment of the new Apple-I-pad.
e. Receipt of purchase of the new pair of glasses;
f. Bill of charges issued to claimant by Pepper Dem Legal. .
95
14. WHEREOF THE CLAIMANT CLAIMS AS FOLLOWS
a. The sum of N2, 500, 000.00 being the sum paid as hospital bill for surgery performed on
her broken leg and other medical treatment.
b. The sum of N550, 000.00 being the sum paid as cost for replacing her Apple laptop.
c. The sum of N550, 000.00 being the sum paid as cost for replacing her Apple I-pad.
d. The sum of N150, 000.00 being the sum paid as cost for getting a new pair of glasses
e. The sum of N10,000,000 being the sum paid as cost of litigation.
f. The sum of N50, 000,000,00 as general damages for the pains she suffered, emotional
trauma and mental torture.
AMENDED THIS ……….DAY OF…………2022 PURSUANT TO ORDER OF

HONOURABLE JUSTICE KAREEM ALOGBA DATED THE……….DAY OF……..2022.
…………………………
Pepper Dem Legal
t.adeogun@pdl.com
08012345678
FOR SERVICE ON
℅ their counsel
Daf Brown, Esq.

HOLDEN AT LAGOS
SUIT NO:...............
BETWEEN
AND
f. MR OLA RASCAL
g. MR TONY BIGGIE - DEFENDANT
I, Ata Rodo, female, Christain, law office secretary Nigerian Citizen of 24 Don‘t leave me street,
ilupeju Lagos, do make oath and state as follows:
1. That I am the secretary in the law firm of counsel of the claimant/applicant herein and by
virtue of which I am familiar with the facts of the case.
96
2. I have the authority and consent of my employers as well as the claimant/applicant to
depose this affidavit.
3. That the claimant omitted to state in her statement of claim that the defendant whilst
harassing her broke her ipad
4. That she bought the ipad for the sum of N 550.000.00
5. That the claimant wishes to raise this fact by way of amendment of her statement of
claim.
6. That the statement of claim has already been filed in court
7. It will be in the best interest of justice to grant this application,
8. I make this solemn declaration in good faith conscientiously believing the same to be true
and in accordance with the oath Acts.
………………………….
Deponent
Sworn to at the High Court Registry
Dated ……….day of ……….2022
Before me
…………………………………………
Before me Commissioner for Oath
WRITTEN ADDRESS OF MOTION ON NOTICE

HOLDEN AT LAGOS
SUIT NO:...............
BETWEEN
AND
3. MR OLA RASCAL
INTRODUCTION
In this application by motion on notice, the applicant seeks the order of this honourable court for
the amendment of the claimant‘s statement of claim.
The order is brought pursuant to Order 26 rule 2 of the Lagos state High Court (Civil Procedure)
Rules 2019 and under the inherent jurisdiction of this honourable court.
In support of the application is an eight paragraph affidavit deposed to by Miss Ata Rodo, the
secretary of the claimants counsel law office. We rely on all the paragraphs of the affidavit
particularly paragraphs 2 - 7.
97
The lone issue for determination in this application, in our humble view, is whether the applicant
has made out a case worthy of consideration by this honourable court to grant an order for
amendment of the applicant statement of claim.
LEGAL ARGUMENT
We respectfully submit that this Honourable Court can grant permission for amendment of the
statement of claim . We respectfully refer his Lordship to Order 26 Rule 5 of the High Court of
Lagos state (civil Procedure) Rules 2019.
Going by the above cited rule of this honourable court, we submit that this honourable court is
empowered to grant our prayer for amendment of statement of claim as it is in the interest of
justice to do so.
We respectfully refer to his Lordship to Supreme court Decision in Adekeye v Akin Olugbade
179 (1987) 3 NWLR (pt 600 214 at 223. Where the court stated as follows:
There is no kind of mistake or error which if not fraudulent or
intended to overreach, the courts cannot correct if this can be done
without injustice to the other party.
CONCLUSION
We respectfully submit that the honourable court has the power and discretion to grant the
application and we urge the court to do so as it is in the interest of justice.

…………………………..
Pepper Dem Legal
t.adeogun@pdl.com
08012345678
FOR SERVICE ON
℅ their counsel
Daf Brown, Esq.
List of Authorities
1. Adekeye v Akin Olugbade 179 (1987) 3 NWLR (pt 600 214 at 223.
98
Question 4
Assuming the Claimant did not affect the above amendment in (3) above in her Writ of
Summons, explain any effect this may have on the Writ.
Answer
If the Claimant amends her Statement of Claim but fails to amend her Writ of Summons to that
effect, the Court will still take it into consideration as once a Statement of Claim is filed, it
supersedes the Writs. ELF (NIG) Ltd v SILLO (1994)
Question 5
Assuming in paragraph 5 of the statement of defence the Defendant averred that ―The Defendant
is not in a position to admit or deny paragraph 4 of the statement of claim.‖ Comment on the
propriety or otherwise of this averment.
Answer
This type of traverse is improper. It does not amount to a proper traverse, and the facts traversed
will be deemed admitted and established at trial (LEWIS & PEATS (NRI) LTD v.
AKHIMIEN; OSENI v. DAWODU).
Question 6
Assuming the claimant averred in paragraph 5 of her Statement of Claim that “The 1 st
Defendant harassed and assaulted the Claimant on 7th October, 2020 along Allen Avenue,
Ikeja and the 1st Defendant in response stated in paragraph 5 of the statement of defence
that the 1st Defendant denies harassing and assaulting the Claimant”. Comment on the
propriety or otherwise of the 1st Defendant’s response.
Answer
The response was improper and ineffective because it is a negative pregnant traverse which
leaves with it a positive proposition that perhaps the defendant may have done more or less than
alleged. A traverse is required to deny the substance of the allegation and not merely the letters
of the allegation. Order 19 Rule 2 Lagos Rules state that a part shall not deny a pleading
evasively but on the point of substance.
The proper way should be:
The first defendant denies harassing or assaulting the Claimant on 7th October, 2020 along Allen
Avenue, Ikeja or at any other day or other place at all.
Question 7
Assuming the 1st Defendant stated in paragraph 6 of the statement of defence that “The
Defendant admits hitting the Claimant but states that the Claimant punched him first,
called him a bastard and also tore his shirt”. What type of pleading is this and what is its
purpose in pleadings?
Answer
This type of pleading is known as confession and avoidance.
It is used in admitting an allegation in the statement of claim while also alleging new facts which
gives entirely different consequences to such admission as is evident in the scenario above. It is
used for the avoidance of legal consequences. The new facts alleged may constitute a defence to
99
the allegation in the statement of claim. In this instant case, it can be held that the Defendant
resorted to self-defence against the Claimant‘s attack on him.
Question 8
Assuming the 1st Defendant’s statement in (6) above raised new issues that did not arise in
the Claimant’s statement of claim. Advise on how the Claimant can answer to these new
allegations.
Answer
My advice to the claimant is to file a reply....as a reply is the pleading which a claimant files in
response to the defendant's statement of deference in order to answer to new issues raised therein
or to make admissions he may be disposed to making.
Question 9
Explain the terms Set off and Counter claim. Explain the basic difference(s) between a set-
off and a counterclaim.
Answer
Set Off
Set-off is a monetary claim by the defendant against the claimant which the defendant pleads in
his defense. The doctrine of Set-off allows the Defendant to put his own claim against the
claimant before the court, in certain circumstances.
Counter-claim:
A counter claim is by nature a cross-action raised in the defendant's statement of defense against
the claimant. The statement of defense (under a different heading) arising where a defendant has
a cause of action against a claimant who has sued him.
It is a claim made by the Defendant against the claimant. Similarly, it is the claim independent
and separable from Plaintiff's claim which can be enforcing by cross action. Also, counter-claim
should not exceed the pecuniary limits of jurisdiction. Counter-claim shall be treated as a Plaint
and the Plaintiff can file a written statement as answer to it.
Counter-claim can be filed after filing of written statement.
DIFFERENCE BETWEEN SET OFF AND COUNTERCLAIM
SET OFF COUNTERCLAIM
Set-off is a statutory defense of the defendant Counter-claim is substantially a cross-action
to a plaintiff's action ***
Set-off must be for a monetary claim A Counter-claim can be made in any subject
matter
*******
Set off is used as a shield ***** Counter claim can be used a sword
Set-off must arise out of the same It need not arise out of the same transaction
transaction*****
100
When the claim dies, the set off dies as A counterclaim can survive even after the
well****** death of the original claim.
Is used for the same party Can be used to include other parties
Conclusion:
Set-off is a statutory defense to a Plaintiff's action, whereas a Counter-claim is a cross
action. Set-off must arise out of the same transaction, whereas Counter-claim need not arise out
of same transaction.
SIMILARITIES BETWEEN SET OFF AND COUNTER CLAIM

 Both of them can be seen as a 'response' to a suit of Civil Nature,
 Neither can exceed the pecuniary limits of Jurisdiction of the court
 Both are supposed to be accompanied with written statements.
 Both are liable to pay court-fees.
 Both are not compelling on the defendant, and the defendant may always take
independent action. NOTE: (For general knowledge)
Question 10
Set out ethical issues that may arise in drafting and filing of pleadings.
Answer
 A counsel should disclose all facts even if the facts are against his client Rule 15(3) (e)
RPC.
 A counsel should not plead false facts
 A counsel should not file frivolous pleadings Rule 1 RPC
 A counsel should take full responsibility for his brief.
 A counsel should draft the pleadings competently and in accordance to his client‘s
instruction Rule 16 RPC
 A counsel should not sign a pleading prepared by a non-lawyer. Rule 3 RPC
 A counsel should affix his seal and stamp on the pleadings – Rule 10 RPC
 A counsel should not mislead the court. Rule 32 RPC
CASE STUDY 3 (THIS MUST BE PREPARED BY ALL CLASS GROUPS &

STUDENTS)
Dr. Moshood Tantan of 5, Ojota Lane, Surulere, Lagos bought a piece of land from Chief
Warinpa of 22, Edepie Street, Ikoyi, Lagos on 22 January 2018 for which he paid fully, and
erected a fence on two sides of the property. He had a Deed of Assignment, duly perfected by
him and having registration number 55/55/2018F, in respect of the transaction. But he did not do
101
anything more. The property is located at 11, Ikorodu Road, Ikeja, Lagos. Dr Moshood Tantan
was however informed on 07/03/2020 by his boys that one Mr Sam Abroko of 41, Ikorodu Road,
Palmgroove, near Ikeja, Lagos had started depositing some building materials preparatory to
commencing a building project on the same land. When the boys approached Mr Abroko, Mr
Abroko said he had bought the land from Chief Warinpa in June 2019. Dr Tantan`s boys could
not stop Mr Abroko because Mr Abroko stationed stern-looking touts who were ready to deal
with anyone who tried to stop them. Dr Tantan is aggrieved and has decided to file an action to
protect his property. Dr Tantan has approached you to commence an action immediately.
Question (A) (i)

As Counsel to Dr Tantan, answer the following questions, draft the statement of claim,
ready for filing.
Answer

HOLDEN AT LAGOS
SUIT NO: HCL/196/22
BETWEEN:
DR. TANTAN MOSHOOD …………………………………………………….. CLAIMANT
AND
1. MR SAM ABROKO
………………………………………………DEFENDANTS
2. CHIEF WARINPA
STATEMENT OF CLAIM
1. The Claimant is a businessman, residing at No. 5, Ojota Lane, Surulere, Lagos State.
2. The 1st Defendant is an engineer, residing at No. 41, Ikorodu Road, Palmgroove, near
Ikeja, Lagos State.
3. The 2nd Defendant is a businessman, residing at No. 22, Edepie Street, Ikoyi, Lagos State.
4. The Claimant avers that on 22nd January, 2018, he bought a piece of land situate at No.
11, Ikorodu Road, Ikeja, Lagos State from the 2nd Defendant.
5. The Claimant avers that the property is covered by a Deed of Assignment registered as
55/55/2018F.
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6. The Claimant avers that on the 7th day of March, 2021, he was informed by his boys that
the 1st Defendant had started depositing some building material preparatory to
commencing a building project on the same land
7. The Claimant avers that the 1st Defendant has stationed stern-looking touts at the
property.
8. The Claimant shall, during the trial, rely on the Deed of Assignment registered as
55/55/2018F.
9. WHEREOF the Claimant claims as follows:
a. A declaration of title to all that piece and parcel of land, lying and situate at No.
11, Ikorodu Road, Ikeja, Lagos State.
b. The sum of ten million naira (N10,000,000) being general damages for trespass.
………………………
FAITH TITO ESQ.
TITO & CO.
15, OZUMBA, LAGOS STATE.
0801 222 3333
faith@titoandco.com
FOR SERVICE ON:
THE 1ST DEFENDANT
MR. SAM ABROKO
41, IKORODU ROAD,
PALMGROOVE, NEAR IKEJA,
LAGOS STATE.
THE 2ND DEFENDANT

CHIEF WARINPA
22, EDEPIE STREET,
IKOYI, LAGOS STATE.
Question (A) (ii)

List out matters that the statement of claim should and should not contain, mention the
documents you are required to file alongside the statement of claim, and identify the effect
of failure to file all the documents in court, at the same time.
Answer
Matters that the statement of claim should contain:
(a)Material facts – These are facts necessary in law for the Claimant to establish his case;
(b)It should contain statement of facts – Order 17, Rule 2 of the High Court of Lagos State
(Civil Procedure) Rules 2019; and
(c) it should contain reliefs.
103
Matters that the statement of claim should not contain:
(a) It should not contain statement of law; and
(b) It should not contain evidence – Order 17, Rule 2 of the High Court of Lagos State (Civil
Procedure) Rules 2019.
Documents required to be filed alongside the Statement of Claim:

(a)A list of witnesses to be called at trial;
(b)Written statements on oath of witnesses except witnesses on subpoena;
(c)Copies of every document to be relied on at trail; and
(d)Pre-Action Protocol Form 01 – Order 5, Rule 1(2) of the High Court of Lagos State (Civil
Procedure) Rules 2019.
Effect of failure to file all the documents in Court at the same time:
The effect of failure to file all the documents in Court at the same time is that it nullifies the
action – Order 5, Rule 1(3) of the High Court of Lagos State (Civil Procedure) Rules 2019.
Question (A) (iii)

List out facts that you must specifically plead in the statement of claim, and highlight the
effect of failure to specifically plead such facts.
Answer
Facts that you must specifically plead in the statement of claim
Answer
1. Matters that will take the adverse party by surprise if not pleaded must be specifically
pleaded.
2. Special damages must be specifically pleaded and particulars of same itemized and proved
at the trial for the Claimant to succeed.
3. Documents that are material facts to the establishment of a fact must be pleaded.
Effects of failure to specifically plead such facts

Effects of failure to specifically plead such facts is that the court will reject the claim. In other
words, the claim will fail.
Question (A) (iv)

How and when is Dr Tantan expected to respond to the statement of defence (if any)?
Answer
Dr. Tantan is expected to respond to the statement of defence by filing a Reply. He is expected to
file the Reply within 14 days of receipt of the statement of defence. Order 17, Rule 1(4) & Order
20, Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2019.
104
Question (B) (i)
Assuming you were Counsel to Mr Abroko, and Mr Abroko intends to defend this suit,
state the time within which Mr Abroko is required to file his statement of defence, and
identify the effect of failure to file the same within time. Is there any remedy for Mr
Abroko if he fails to file his/her statement of defence within time?
Answer
He must file his statement of defence within 42 days as provided for in Order 17 Rule 1 (2) of
the High court of Lagos (Civil Procedure Rules) 2019
Effect
The effect of failure to file within time is that the claimant will be able to bring an application for
judgment in default of pleadings by way of motion on notice supported by affidavit and written
address.
Remedy
As to whether there is any remedy for Mr Abroko if he fails to file his/her statement of defence
within time, Yes, there is a remedy available to him. The defendant may apply for extension of
time by motion on notice supported by an affidavit and written address. Order 48 Rule 4 of
Lagos rules provide for extension of time. The affidavit must contain cogent reasons for failure
to file within time.
Question (B) (ii)

Draft the statement of defence up to the first paragraph. Highlight the role and legal effect
of the first paragraph of the statement of defence.
Answer
IN THE HIGH COURT OF LAGOS STAE
HOLDEN AT LAGOS
SUIT NO:HCL/223/22
BETWEEN
MOSHOOD TANTAN……………….CLAIMANT
AND
SAM ABROKO
CHIEF WARINPE………………………DEFENDANTS
105
SAVE AND EXCEPT as expressly admitted , the defendant denies each and every of fact
contained in the statement of claim as if same is herein set out and traversed seriatim.
The role of the first paragraph of as statement of defence is that it is an omnibus clause. Any fact
other than the ones expressly admitted are denied
The legal effect is that it does not preclude the defendant from admitting or denying/addressing
each of the paragraphs in the statement of claim. It also does not cover specific pleas that the
defendant ought to plead.
Question (B) (iii)

Assuming Mr Abroko has a counter-claim, how and within what time is he expected to file
same in the court, and by what document is Dr Tantan expected to respond?
Answer
Mr Abroko is expected to file the counter –claim within 42 days
Dr. Tantan will respond using a Reply which shall be filed within 14 days of the service of
statement of defence – Order 17 Rule 1(4) Lagos
Question (B) (iv)

Identify the differences between a Counter-Claim and a Set-off in civil proceedings.
Answer
COUNTERCLAIM SET-OFF
It is used as a sword to attack the claimant It is used as a shield to defend the defendant
It is not restricted to monetary claims It must be a monetary claim
A claimant must file a defence to a The defendant is not expected to file a defence
counterclaim excepts if he admits the to a counterclaim unless it raises new issues
counterclaim
It is an independent action It is not an independent claim
106
Question (B) (v)
With the aid of legal authorities, discuss the legal effect of the statement of defence in this
suit being signed as follows:
-----------------------------
Musa Jide Agu & Co
Legal Practitioners for the Defendant
Address:
Phone Number:
Email:
Or
------------------------
Managing Partner,
Musa Jide Agu & Co
Legal Practitioners for the Defendant
Address:
Phone Number:
Emeail:
Answer
The legal effect of the statement of defence signed by the law firm is that it will not be
admissible in court because a law firm is not a legal practitioner having the capacity to sign a
statement of defence. In the case of Okafor v Nweke , only a legal practitioner that has been
called to bar can sign.
The legal effect is that the document will not be in admissible in court. The managing partner in
the case is a position (a non-existent person) and not a legal practitioner thereby lacking capacity
to sign the statement of defence. The case of Agbomagbe Bank v General Manager, G.B.
Ollivant is instructive on this point where it was held that a general manager is not a legal
person.
Question (C) (i)

Assuming that as the trial was about to commence, Dr Tantan drew his Counsel`s attention
to the fact that, he had (immediately after perfection of the Deed of Assignment)
107
commenced processing his Certificate of Statutory Right of Occupancy in respect of the
property, and indeed he furnished the counsel with documents to testify to this fact, what
step should the counsel take in order to reflect this fact/development in the suit already
before the court and within what time is the counsel expected to take this step;
Answer
The Counsel should make an application via Motion on Notice supported by an affidavit and
written address asking for leave to amend the statement of claim and equally add the Certificate
of Statutory Right of Occupancy as one of the documents to be relied upon; the proposed
amended statement of claim should also accompany the application (O 26 R 2 Lagos State High
Court Civil Procedure Rules) 2019.
The Counsel must do this before the close of Case Management Conference and not more than
twice during the trial but before judgment (O 26 r 2 Lagos State High Court Civil Procedure
Rules).
Question (C) (ii)
State the documents the counsel would need to file in court for the purpose in (i) above;
and identify the factors the court ought to consider in deciding whether or not to permit
such step.
Answer
The documents the counsel would need to file in court for the purpose in (i) above are
 Application for the amendment of pleading via Motion on notice supported by affidavit
and a written address
 Proposed amended Statement of Claim
 Proposed amended list and copies of documents to be relied upon
Factors the court will consider
 Whether it will cause injustice to the other party
 Whether it is useful to the case at hand or not
 Whether it will amount to an abuse of court process
Question (C) (iii)

Identify the different types of pleadings, and enumerate the role of pleadings in civil
proceedings.
Answer
The different types of pleadings are:
1. Statement of Claim
2. Statement of Defense
3. Counter-claim/Set-off
4. Reply
5. Further and Better Particulars
6. Defenses to Counter-claim/Set-off
Role of Pleadings
 Gives Fair Notice to the Parties of the Case they intend to put in Court (George v.
Dominion Flour Mills Ltd, National Investment & Properties Co. Ltd v. Thompson
Organization Ltd)
108
 Define the Issues in Dispute between the Parties (Bello v. Eweka)
 Informs the Court on the Dispute Existing between the Parties (Ifeajuna v. Ifeajuna)
 Constitute Permanent Records of Court
 Determines Party with Burden of Proof (Bakare v. ACB Ltd)
 Determine Steps to be taken by the Parties
 Pleadings serve as useful guide to determine whether the court has jurisdiction.
Question (C) (iv) (a)

List any ten duties that Dr. Tantan`s Counsel owes Dr Tantan,
Answer
1. A counsel should draft the pleadings competently and in accordance to his clients
instruction Rule 16 RPC
2. A counsel should be dedicated to the case of his client Rule 14 RPC
3. A counsel must not mix the client‘s property or money with his own Rule 23 RPC
4. A counsel must keep the privilege and confidence of his client, he should not divulge
privileged information Rule 19 RPC
5. Rule 15 RPC -
Question (C) (iv) (b)

List any ten duties that Dr. Tantan`s Counsel owes Mr Abroko,
Answer
1. A counsel should not plead false facts Rule 15(3) (f) RPC
2. A counsel should disclose all facts even if the facts are against his client – Rule 15(3) (e)
RPC.
Question (C) (iv) (c)

List five duties Dr. Tantan`s Counsel owes the court,
Answer
1. A counsel should not file frivolous pleadings
2. A counsel should disclose all facts even if the facts are against his client – Rule 15(3) (e)
RPC
3. A counsel should not plead false facts
4. Duty not to abuse court processes Rule
5. A counsel must observe decorum in the courtroom Rule
Question (C) (iv) (d)
List any three duties that Dr. Tantan`s Counsel owes the opposing counsel in this case.
Answer
1. A counsel should not plead false facts Rule 15(3) (f) RPC 2007
2. A counsel must observe good faith and fairness in relation to opposing counsel Rule 27
RPC 2007
3. Duty to frontload and file all necessary documents timeously Rule 15 RPC 2007
109
WEEK 10
PRE-TRIAL ISSUES
TASKS:-
Assignment 1
Mr Musa Shege and Miss Lovebird Okoro have been dating for the past few years. In March
Lovebird 2020 paid Musa a visit at his residence in Ikoyi, Lagos and was caught up by the
Federal Government lockdown order in Lagos State. Due to the long period they were together,
Musa discovered that Lovebird is a very lazy woman. So he ended their relationship. Lovebird
sued Musa for breach of promise of marriage. In her Statement of Claim she averred that Musa
had never mentioned marriage throughout their relationship. She also averred that Musa was a
regular visitor in her father‘s house and that she also regularly visited his house, and that their
marriage was a matter of time. The parties have exchanged pleadings and pleadings were closed
on 18 May 2020.
Question 1
What is the next step to be taken in the action? Indicate in your answer the party to take the step,
the time within which to take it and the consequences of failure to take it.
Answer
Claimant to apply for issuance of case management form (Form 17)
The judge will then issue Form 18.
It will be served to the other party
The time frame is within 14 days after the close of pleading – Order 27 Rule 1 Lagos 2019.
Question 2
Draft the document by which the step in (1) above will be taken by the party you have
indicated.
Answer
Application for issuance of case management form – Order 27 Rule 1 Lagos
Question 3
Explain what step (if any) that the court can take in the matter after the document in (2)
above has been received by the court.
Answer
The court will cause Form 18 to be issued along form 17
Question 4
Explain the purpose(s) for taking the step in (1) above?
Answer
The purpose is to kick start the CMC – O 27 R 1 Lagos
Question 5
Assuming the party you have indicated in (1) above failed and/or neglected to take the step,
explain the other option(s), if any that may be available in the circumstance.
Answer
O 27 R 1(3) – apply for an order to dismiss the action
110
Question 6
State five subject matters that can be on the court‘s agenda for consideration when conducting
the procedure in the step taken in (1) above.
Answer – O. 27 R 2(1) Lagos
1. Formulation or settlement of issue
2. Amendments, further and better particulars
3. The admission of facts, and other evidence by consent of the parties
4. Control and scheduling of discovery, inspection and production of documents
5. Settlement of documents to be admitted as exhibit at the trial
Question 7
Assuming you are counsel to Musa Shege, given the facts of the case, what possible
interlocutory application will you make in the course of the conduct of the procedure in the step
taken in (1) above.
Answer
Application by motion on notice + Affi + Written address for striking out the action for lack of
reasonable cause of action
Question 8
Draft the application you have chosen in (5) above.
Answer
Application for issuance of CM Form
….
To the Registrar,
….
The second option is to apply for dismissal by motion on notice supported by affidavit and a
written address
Any time you are to draft a motion and requires affidavit and written address, you must draft the
supporting document unless you are otherwise authorize not to do so.
Question 9
What is the time frame for the completion of the procedure in the step taken in (1) above?
Would your answer to (6) above be different if the action was commenced in Abuja?
Answer
Procedure
The procedure is CMC
Time frame is 3 months from the date of commencement
My answer to (6) above will not be different if the action was commenced in Abuja? This is
because agenda under the Abuja Rules is the same with what is obtainable in Lagos CMC.
Question 10
What are the consequences of either of the parties failing to participate in good faith in the step
in (1) above?
111
Answer
If claimant – dismiss
If defendant – default judgment
Question 11
By what mode will you submit your issues for determination before the court? Prepare the issues
for determination
Answer
The issues would be submitted in writing
The issues for determination are:

1. Whether or not there was a promise to marry
2. Whether or not there has been a breach of such contract
3. Whether or not Lovebird Okoro can validly maintain an action in breach of promise
Assignment 2
Topshape Fitness Center Ltd located in Wuse, Abuja had entered into a contract with Seir
Equipment Ltd for the supply of twenty (20) treadmills in December 2019. The full purchase
price of N30m was paid by Topshape Fitness Center and the goods were to be delivered on or
before 28 February 2020. Seir Equipment has failed to deliver the goods claiming that the
contract was frustrated due to the Corona Virus pandemic as it was unable to clear the goods
from the port as expected. Topshape Fitness Center through its counsel Reuben Jacob has
brought an action against Seir Equipment Ltd for breach of contract claiming the refund of the
contract sum and N10 million general damages. At the Pre-Trial Conference, Reuben Jacob
intends to get more facts from Seir Equipment Ltd as to when the goods arrived the Nigerian port
and when the clearing would have been completed. He also will like to see the clearing
documents.
Question 1
Describe the procedure the parties should adopt in bringing to the notice of the court the issues
they have settled for trial.

Question 1
Describe the procedure the parties should adopt in bringing to the notice of the court the
issues they have settled for trial.
Answer
Based on the provisions of Order 27 Rule 1 of the High Court of FCT Abuja (Civil Procedure)
Rules 2019, the procedure is in writing
112
Question 2
Prepare the issues for determination to be submitted to the court.
Answer
IN THE HIGH COURT OF ABUJA
HOLDEN AT ABUJA
SUIT NO:
Between
Topshape Fitness Center Ltd :::::::::::::::::::::::::::::::::Claimant
And
Seir Equipment Ltd :::::::::::::::::::::::::::::::::::::::::::: Defendant
1. Whether or not there was a valid contract between the parties,

2. If the issue in 1 Above is in the affirmative, the issue will now be Whether or not the
pandemic actually affected the performance of the contract
3. Whether or not there has been a breach of contract
4. Whether or not the claimant suffered any damage as a result of the breach of contract
Question 3
Assuming you are Reuben Jacob what step will you take to actualize your intentions?
Answer
I will ask for inspection of document in written – O 28 R 1 Abuja
O 28 R 8
Question 4
Draft only the process for the step taken in (2) above with regards to the intention of
getting more facts.
Answer
Always add the omnibus prayer ----- for such other the court may consider appropriate in the
circumstances
Question 5
Draft the process by which he will actualize his intention to see the clearing documents.
Answer
Request for production of document as heading of the letter
Question 6
Assuming you are the Counsel to Sier Equipment Ltd. How will you react to the process served
on your client in (3) above?
Answer
I will prepare an affidavit to answer to the interrogatory O 28 R 6 Abuja
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Question 7
Draft the process you have chosen in (5) above.
Answer
The process is application for discovery of document – O 28 R 8 Abuja.
Question 8
Explain how Counsel to Sier Equipment Ltd will react to the process requesting to see the
documents that was served on him in (4) above. State the time limit within which you the
step should be taken.
Answer
Form 23 FCT Rule – O 28 R
Within 7 days or such other time as the court may deem fit
Question 9
Draft the process you have chosen in (7) above.
Answer
Letter for application for request for inspection of document
To make available for my inspection (not discovery)

Question 10
Prepare the Ethical issues which may arise from counsel refusing to disclose documents or facts
required of him, withholding relevant information from court; refusing to allow the counsel on
the other side to inspect documents after notice has been served on him.
Answer
Rule 1 RPC 2007
Refusing to ----contempt
Refusing to allow opposing counsel to --- Rule 27 RPC 2007
Rule 15(3)(e) RPC 2007
Rule 32(1) RPC 2007
Rule 14 RPC 2007
Rule 16 RPC 2007
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WEEK 11
TRIAL PREPARATION AND EVIDENCE (I)
CASE STUDY 1
Mr. John Odia is the Senatorial candidate under the Peoples party of Nigeria (PPN). Chief
Chinda Iketu is the candidate of Justice Advance party (JAP). The senatorial election took place
on the 12th of May 2020. On the said date of the election Mr. John Odia‘s agents with the active
connivance of the Resident Electoral Officer of INEC snatched the ballot boxes and voting
materials at Gudu central polling booth in the FCT. The name of Chief Chinda Iketu the
senatorial candidate of Justice Advance party, was also omitted from the ballot papers used for
the election. On the 13th of May 2020, INEC declared Mr. John Odia as winner of the election
with 10500 votes whilst Chief Chinda Iketu was said to have polled 5700 votes. There were
other obvious irregularities at the senatorial district.
At one of the polling units where there were rampant irregularities, a junior consul official of the
British High commission Mr. Jean Clarke who monitored the election used his ipad phone and
recorded images of irregularities at the polling unit. Chief Chinda Iketu is aggrieved and has
engaged you as his Counsel to challenge the result of the election on grounds of irregularities.
Question (a)
Assuming Chief Chinda Iketu wants to tender the certified true copy of the result sheets in
some polling units. State the requirements for the admissibility of the certified true copy.
Answer
The requirements for the admissibility of the certified true copy of the result sheets in some
polling units as provided by Section 104 Evidence Act 2011 are:
1. There must be payment of fees prescribed to this effect.
2. There must be certificate written at the foot of such copy that it is a true copy.
3. The certificate must be dated.
4. It must be submitted by such officer with his name and official title.
5. It must be sealed whenever such officer is authorized by law to make use of seal – Araka v.
Egbue.
Question (b)
Assuming you want to invite the INEC Resident officer to testify, what means will you
adopt to ensure that the he appears in court to give evidence?
Answer
The proper means to adopt to ensure that the INEC Resident officer appears in court to testify, is
to apply to the court for a subpoena ad testificandum.
Question (c)
The Junior consul official Mr. Jean Clarke has been served with a subpoena to appear in
court to tender the images from his ipad. Comment on the propriety or otherwise of the
service of this process on him.
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Answer
It is improper because by virtue of Section 1(1) of Diplomatic Immunity and Privileges Act
1962, consulate officers are accorded immunity from suits and legal processes. In other words,
Mr. Jean Clarke though a competent witness cannot be compelled by court process to appear in
court because he enjoy diplomatic immunity by virtue of his office.
Question (d)
Assuming Chief Odia wants to tender INEC’s result sheets downloaded from INEC
website, state the requirements for the admissibility of the documents.
Answer
Computer generated evidence is admissible. However, for this to be done, the following
requirement of the admissibility of these documents as contained in Section 84(2) Evidence Act
2011 must be observed:
1. The statement produced by the computer must be one used regularly to store or process
information for the purposes of any activity carried out over that period of time
2. That over that period there was regularly supplied to the computer information of such nature.
3. That over the period the computer was operating properly.
4. That the information contained in the statement was supplied to the computer in the ordinary
cause of its normal use
Kubor v. Dickson and Silver v. Dickson.
Question (e)
Assuming Mr. Jean Clarke was subpoenaed in respect of the contract he had with INEC
for the supply of election materials, would your answer in c above be different? Give
reason for your answer.
Answer
Yes, my answer would be different because by virtue of Section 1(3) of Diplomatic Immunity
and Privileges Act 1962, the immunity of diplomats does not cover commercial or professional
activities. This was the decision of the court in Zabusky v. Israeli Aircraft Industries (2007).
CASE STUDY 2
Mr. Iyiola Taddy is a businessman with its business located at No. 2 Parklane Ikoyi, Lagos. He
has instructed his Lawyer, Mr. Gideon to institute an action in court against Memories Nig. Ltd
whose registered office is at No. 20 Air borne street Victoria Island, Lagos to recover the sum of
N50 million which was the sum due to be paid to him for supply and installation of electrical
equipment for the benefits of Memories Nig. Ltd as agreed by the parties in their agreement
dated 10th of April, 2020. The Hon. Justice Sunmonu has set down the matter for trial and
definite hearing in court on 21st June 2022.
Use the scenario in Case Study 2 to answer the following questions:
Question (a)
On the dated fixed for hearing of the suit if neither party appears what order shall the
court make?
Answer
If neither party appears on the dated fixed for hearing of the suit, the proper order the court may
make is to strike out the cause unless there is any other good reason to do otherwise – Order 33
Rule 2 Lagos 2019. The position is also the same under the Abuja Rules.
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Question (b)
Where the suit is called for hearing and the claimant appears but the defendant does not
appear, what order shall the court make?
Answer
Where the suit is called for hearing and the claimant appears but the defendant is absent, the
claimant may prove his claim, so far as the burden of proof lies on him – Order 33 Rule 3 Lagos
2019. The position is also the same under the Abuja Rules.
Question (c)
Where both parties are in court on the date slated for hearing, which party shall commence
the trial?
Answer
Where both parties are in court on the date slated for hearing, the party on whom the burden of
proof lies (the claimant in this case) by the nature of the issues or questions between the parties
shall begin – Order 33 Rule 8 Lagos 2019. The position is also the same under the Abuja Rules
and in line with Section 131 Evidence Act 2011 which requires that he who alleges must prove.
Question (d)
At the conclusion of trial, where both parties adduce evidence, which party shall first
address the court?
Answer
At the conclusion of trial, where both parties adduce evidence, Order 33 Rule 14 Lagos 2019
requires the defendant (Mr. Iyiola Taddy) to begin first by filing a written address within 21 days
of close of evidence. Upon being served with the defendant‘s written address, the claimant
(Memories Nig. Ltd) shall within 21 days file his own written address – Order 33 Rule 15 Lagos
2019.
The order of filing written address would have been different if the defendant did not call
evidence. In such case, the claimant will file his own written address first within 21 days, and
upon being served with the written address, the defendant will be required to file his final written
address within 21 days – Order 33 Rule 13 Lagos 2019.
Question (e)
Under what circumstances will a defendant make a no case submission?
Answer
The circumstances under which a defendant may make a no case submission are as follows:
1. Where there has been no evidence to prove an essential ingredient of the claimant‘s claim.
2. When the evidence adduced by the claimant had been so discredited as a result of cross-
examination or is so manifestly unreliable that no reasonable tribunal could consider it for
judgment in favour of the claimant.
This is different from the defendant resting his case on that of the claimant. The difference is that
in no case submission, the defendant is put on election that if his no case submission is overruled,
he will call evidence to enter defence. But in the case of the defendant resting his defence on the
case of the claimant, there is no option for election.
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WEEK 12
TRIAL PREPARATION AND EVIDENCE II
TASKS AND ASSIGNMENTS:

On October 1st, 2020 Miss Tade Gold who resides at 6, Alubarika close, GRA, Ikeja, Lagos was
approached by Mr Ola Rascal who lives at 9, Pako Lane, GRA Ikeja, Lagos to be his lover but
she turned him down. She told him that he was not a graduate and was working as an ordinary
cashier in a supermarket and that since she is a graduate and an Engineer by profession she
would rather date a graduate who is a professional like herself.
This did not go down well with Mr Ola Rascal who felt insulted and belittled by what Miss Tade
Gold said to him. Ola Rascal informed his police officer friend Mr Tony Biggie about what
transpired between him and Miss Tade Gold. On her way back from church on the 7 th of
October, 2020, Miss Tade Gold was harassed and assaulted by both Ola Rascal and Mr Tony
Biggie along Allen Avenue, Ikeja, Lagos. In the process she sustained some serious injuries, her
pair of glasses and Apple lap top got broken. She was rushed to the Tender Care Medical Center,
Ikeja where she was admitted for 5 weeks for medical treatment.
Miss Tade Gold is very upset by the whole incident. After her discharge from hospital she
briefed you as Counsel to institute an action in Court against both Mr Ola Rascal and Mr Tony
Biggie for the sum of (i) N2.5 paid as hospital bill for surgery performed on her broken leg and
other medical treatment, (ii) N550,000 as cost of replacing her Apple lap top, (iii) N150,000 as
cost of getting a new pair of glasses and (iv) N50 million as general damages for the pains she
suffered, emotional trauma and mental torture she went through.
(a) prepare a succinct statement of the theory of their case prepare a trial plan for their case
(b) list the witnesses to be called in proof of their case and give brief summary of the evidence
each witness will give including documentary or other evidence that will be tendered
through such witness
(c) list ethical issues that may arise from collation of evidence.
Question (a)
Statement of the theory of their case
Answer
Our client, Miss Tade Gold who resides at 6, Alubarika close, GRA, Ikeja, Lagos was assault
and battered on the 7th of October, 2020 along Allen Avenue, Ikeja, Lagos by Mr Ola Rascal
who lives at 9, Pako Lane, GRA Ikeja, Lagos and his police officer friend Mr Tony Biggie
because our client turned down Mr Ola Rascal‘s request to be his lover.
Our client sustained degree of injuries arising from the battery and was admitted for 5 weeks for
medical treatment at Tender Care Medical Center, Ikeja where she spent N2.5m paid as hospital
bill for surgery performed on her broken leg and other medical treatment.
Our client equally spent N550,000 as cost of replacing her Apple lap top, N150,000 as cost of
getting a new pair of glasses.
Thus, we will be instituting an action for assault and battery and we will be claiming the sum of
N50 million as general damages against Ola Rascal and Mr Tony Biggie for the pains suffered,
emotional trauma and mental torture our client went through.
118
The defendants are likely to deny these claims. However, to strengthen our case, we shall be
presenting documentary evidence of receipt for the repair of our client‘s pair of glasses and
Apple lap top which got broken in the course of the assault and battery and we shall equally
present evidence of cost of our client medical treatment.
Question (b)
Prepare a trial plan for their case
Answer
Cause Elements Witnesses Evidence Defence Possible Authoritie general notes

of of claim witnesses legal s and follow up
Action defences actions to be
taken in
respect of the
case
Assault Intent, 1. Tade Gold 1. Hospital 1. Tony Provocation Provocation
and threat, 2. Surgeon bills, Biggie cannot be an
battery reasonab who 2. Receipt of 2. Ola absolute
le treated the repair Rascal defence
apprehen Tade Gold of glass
sion of 3. Pictures
harm, of the
physical injuries
contact/h
arm,
Question (c).
List the witnesses to be called in proof of their case and give brief summary of the evidence
each witness will give including documentary or other evidence that will be tendered
through such witness
Answer
1. Tade Gold
2. The Surgeon
Evidence
1. Documentary evidence of medical bill
2. Receipt of the repair of glass
3. Pictures of the injuries
Question (d)
List ethical issues that may arise from collation of evidence.
Answer
1. Interviewing witness for the opposing side – Rule 25(1) RPC 2007.
2. Duty to representing my client within the bounds of the law – Rule 15(1) RPC 2007.
3. Duty to act competently - Rule 16 RPC 2007.
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4. Duty of confidentiality with regards to all oral or written communications made by my client
to me as her lawyer in the normal course of professional employment – Rule 19(1) RPC 2007.
5. Duty not to act as a witness for a client – Rule 20(1) RPC 2007.
6. Duty not to depose to an affidavit on behalf of a – Rule 20(4) RPC 2007.
7. Rule 25(3)
8. Rule 15(3)(f) RPC 2007
9. Rule 15(3)(h) RPC 2007
CASE STUDY 2
Read the following scenario and answer all the questions
Janet Joyce a super star Afro music legend in Lagos State was invited by the Law Students
Association of the Lagos State University to perform at the 25th convocation dinner ceremony
scheduled for 15th March, 2019. At about 5.30 pm on 15th March, 2019 on her way to the
University, at Police road she met her old friend Rose Moses who was also going to the
convocation dinner with her 10 years old son David Moses and she gave them a ride. At about
6.00 pm, the Police road traffic warden at Jimoh Roundabout stopped the vehicle and suddenly a
Toyota Camry 2014 model driven by one Engineer Rufus, chatting with his friend Mr Bello
Musa hit her vehicle from the rear. Consequently, Janet Joyce hit her head on the wheel and
broke her tooth and her car was damaged. She was hospitalized at Rando Medical centre along
Dogire, Road Vespa Lagos where she expended the sum of N150, 000.00 for treatment. She
equally spent the sum of N350,000.00 to repair the vehicle. Against this background, she
engaged the law firm of A.B. Smart & Co to institute an action against Engineer Rufus. Upon the
receipt of the statement of defence, A.B. Smart Esq realized that the main defence contained in
the process is contributory negligence and has decided to prepare well for the matter coming up
for hearing the following week. He intended calling Rose Moses as one of the claimant‘s
witnesses but was told by the claimant that she passed on just a week ago and decided to call
David Moses instead.
Answer the following questions.
Question 1
Assuming you are A.B. Smart Esq prepare the theory of the case and a trial plan that will
guide you during the trial
Answer
Claimant‘s Case Theory
Court: High Court of Lagos State
Law Firm: A. B Smart &CO
Case: Janet Joyce v Engineer Daniel Rufus
The claimant Janet Joyce, a musician on the 15th of March 2019 at about 5:30 pm was headed to
the Lagos state University 25th Convocation Dinner ceremony with her late friend and her son
David Moses. At 6:00pm the traffic warden stopped the claimant vehicle. It was at this moment
that the claimant‘s vehicle was hit by a car driven by the defendant who was chatting with his
friend. Due to the defendant‘s negligent driving the claimant sustained injuries and her car was
damaged. The defendant as a fellow road user owes the defendant the duty of care which he
breached and finally resulted in damage. The defense of contributory negligence will not avail
the defendant as there is no proof that the claimant contributed to the accident. To this end the
claimant should succeed
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TRIAL PLAN
CAUSE ELEMENT WITNESSE LIKELY LIKELY LAWS GENERAL
OF OF CAUSE S FOR DEFENCE LEGAL NOTES
ACTION OF ACTION WITNESS DEFENCE
Duty of care David MR Bello Contributory Common If defendant
Breach of Moses Musa Negligence Law wants to rely on
Negligence duty of care Traffic Judicial contributory
Consequential Warden authorities negligence, it
damage Janet Joyce Federal has to show
Road how claimant
Safety contributed to it
Commissi
on(Establi
shment)
Act
Evidence
Act 2011
Question 2
Comment on the importance of the theory of the case and the trial plan you prepared in 1
above
Answer
1. They give direction to another lawyer who may handle the case where A.B Smart Esq is
debriefed in the future
2. They enable the lawyer choose the most compelling focal point for a case
3. They help set reminders for outstanding tasks (e.g. filing of processes)
4. They help highlight the strength and weakness of a case.
Question 3
In not more than 8 paragraphs draft the claimant‘s written statement on oath
Answer
HOLDEN AT LAGOS
SUIT NO:……………
BETWEEN
JANET JOYCE :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CLAIMANT
AND
ENGINEER DANIEL RUFUS ::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
WITNESS STATEMENT ON OATH OF JANET JOYCE

I, Janet Joyce, Adult, Female, Christian, Teacher and Nigerian Citizen of 3, Koko Drive, Ikoyi,
Lagos, do hereby make this oath and state as follows:
121
1. That I am the Claimant in this case, and by virtue of which I am conversant with the facts of
this case.
2. On the 15th of March 2019, at about 5:30pm, I was on my way to attend the Lagos State
University 25th convocation dinner ceremony with my late friend Rose Moses and her 10
years old son David Moses.
3. At about 6:00pm, the traffic warden at Jimo Roundabout stopped my vehicle.
4. It was at this same time that my vehicle was hit from the rear by a car driven by the
Defendant.
5. Due to this accident, I sustained injuries and my car was damaged.
6. I was hospitalised in XYZ hospital (note that for the purpose of exam, you are at liberty to
improvise where you are not given the name of hospital. You may not really be penalised for
not stating the hospital any ways. It is however advisable to state the hospital).
7. I spent the sum of N150,000.00 and N350,000.00 to treat myself and repair my vehicle
respectively.
8. I make this statement on oath believing its contents to be true and correct and in accordance
with the Oaths Law..
___________________________
DEPONENT
SWORN TO AT THE HIGH COURT REGISTRY, LAGOS
THIS ______ DAY OF ______2020
BEFORE ME
______________________________
Question 4
Comment on the propriety or otherwise of calling David Moses as a witness in the suit.
Answer
Calling David moses as a witness in this suit is proper as he will be regarded as a child witness.
A child witness below the age of 14 can only give an unsworn evidence.
Note that once the evidence of a child is so strong, there will be no need for corroboration.
Corroboration is only required in criminal action.
Generally, a child can testify if he is competent in that his age has not deprived him of the
capacity to understand questions put to him or to give rational answers to the questions. (Section
175 of the Evidence Act).
David Moses is 10 years old and can only give unsworn evidence where the court is satisfied that
the child is possessed of sufficient intelligence to justify the reception of his evidence and
understand the duty of speaking the truth. David Moses can give oral evidence or file an unsworn
written statement.
Question 5
Assuming Janet Joyce invited Mr Bello Musa to come and testify in court as to what
actually happened in the matter and he refused, briefly comment on what she can do in the
circumstance.
122
Answer
Janet Joyce can go to court to obtain an order of subpoena ad testificandum to compel Mr Bello
Musa to come and testify in court as to what actually happened in the matter.
Question 6
Assuming the claimant Janet Joyce wants Mr Jide Tafa the traffic warden to tender the
police report of the accident that he prepared but he refused. Briefly comment on what she
can do in the circumstances.
Answer
In the circumstance that Mr. Jide Tafa refused to tender the report of the accident, Ms. Janet
Joyce can apply to the court that a subpoena duces tecum be issued on him.
A subpoena is a writ or order issued by a court commanding the addressee to attend court on a
particular day to testify or produce a document in his custody. In this circumstance a subpoena
duces tecum is the most appropriate as the witness is to only tender the report of the accident
which he prepared or has in his custody.
In this circumstance, Mr. Bello Musa can send a representative to come and represent him. Also,
he is not liable to be cross-examined.
Question 7
Assuming that during trial Dr. Thomas the medical Director of Rando medical Centre who
was called as Claimant witness refused to co-operate during trial and was becoming hostile,
briefly comment on what A.B. Smart Esq can do in the circumstances.
Answer
In this circumstance, what the counsel to the claimant (A.B Smart, Esq) will do is to apply orally
and seek the LEAVE of the Court to declare the witness (Dr. Thomas) as a hostile witness; and
he can be cross-examined by the party that called him as a witness.
A hostile witness is a witness who in the opinion of the court is giving adverse or unfavorable
testimony against the party that called him/her as a witness and is unwilling to say the truth.
Before a witness can be declared and satisfied by the court as hostile witness, it must be
established that such witness‘s testimony is unfavorable to the party that called him/her and
he/she refused to tell the truth. The two conditions are conjunctive and not disjunctive.
Note that a child under 14 cannot submit witness statement on oath. He can just submit written
statement but not on oath.
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WEEK 13
TRIAL – EXAMINATION OF WITNESSES
Paragraph 1,2,3,4, 5, admitted

Paragraph 6, denied
Paragraph 7, denied
Paragraph 8, denied
Paragraph 9, denied
Paragraph 11, denied
Cross-examination
2. Did you entered into contract with the defendant to deliver In the contract, you were to supply
30 load o trailer of sugarcane, Yes or No
3. In the contract parties agreed to supply 25 trailer load of sugarcane to the defendant. did you
supply – Yes or No
4. As at 30th
12. The Defendant states in response to paragraph 7 of the Statement of Claim that the sum of
₦35,000,000.00 (Thirty Five Million Naira) only was paid to the claimant as deposit for the
delivery of within the time agreed upon on the 30th day of June 2020.
13. The Defendant further states in response to Paragraph 8 and 9 that on the 30th day of June
2020, only 20 trailer loads of Sugarcane and not 30 trailer loads of sugarcane were delivered
at the time agreed upon.
14. The Defendant avers that the claimant did not deliver the remaining 5 trailer loads of
sugarcane until the 5th day of July 2020.
15. The Defendant avers that on the 12th day of July 2020, the Defendant wrote a letter stating
the last 5 lorry loads supplied were not of good quality and did not meet the standard
requested by the company.
16. The Defendant avers that the Claimant gave no response as to the complaint made in respect
of the quality of the sugarcane delivered.
17. The Defendant avers that he does not owe the claimant any balance of ₦35, 000,000.00
(Thirty-Five Million Naira) or any amount whatsoever.
18. The defendant by way of setoff claims the sum owed of ₦50,000,000 (Fifty Million Naira)
only being the amount of loss suffered as a result of the substandard sugarcane delivered by
the claimant.
19. The defendant shall during trial, rely on the following documents:
a. Contract agreement between the parties executed on the 1st day of April 2020.
b. Receipt of the paid deposit of ₦35, 000,000 (Thirty Five Million Naira) only, being
payment of the 50% of the contract sum to the claimant‘s account by the defendant.
c. Letter to the claimant stating that the sugar cane was not of good quality dated 12th day
of July 2020
20. The Defendant states that the claimant's claim is frivolous, baseless, abuse of court
process and should be struck out.
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………………………..
A.I. Akintayo ESQ
DEFENDANT‘S SOLICITOR
GROUP 2 CHAMBERS
NO 10 Law School Drive, Victoria-Island
Lagos.
Group2chambers@gmail.com
08185339161
FOR SERVICE ON:

The defendant
Goodies sugar PLC
Kirikiri Road Apapa
Lagos
ADDITIONAL TASK FOR CIVIL LITIGATION CLASS ON 21/6/22

(B). The following cross examination took place during a trial at the High Court of Lagos
State, Ikeja.
Q1. Counsel - Witness, you claimed that the car driven by the defendant was travelling at an
excessive speed, at the time of the accident, didn't you?
Witness -Yes.
Q2. Counsel- And the event took place at about 9pm in the night. Am I correct?
Witness - Yes.
Q3. Counsel- At the time, there was no street light in the area in question. Am I correct?
Witness- Yes.
Q4. Counsel - Then, how were you able to see the accident?
125
Witness- That was simple. The moon shone brightly, and the whole place was well lit up. I saw
everything clearly.
Q5. Counsel - You are not telling the truth. You are lying. You are a hostile witness. I apply that
you be so treated.

1. a. Was the above cross examination successful?
Answer
No. It has not achieve the desired purpose of discrediting the witness. Instead, it helped him to
solidify his case.
b. Identify 3 functions of cross examination.

Answer
c. Identify 3 techniques in cross examination.

Answer
1. Confrontation
2. Probing
3. Insinuation
d. Is there any of the above stated questions you would have refrained from asking? State your
reason(s).
Answer
Yes, Question 4 – it an open-ended question which gave the witness opportunity to explain and
further solidify his case.
e. Identify the type of questions asked in Q1- Q3. Define its purpose
Answer
Question 1 – leading question
2 a. Identify other stages of examination of witnesses. State the major functions of the stages.
Answer
1. Examination in chief and
2. Re-examination
Explanation and Functions
b. Is any of the stages optional?

Answer
Yes – cross-examination and re-examination
3. a. Was counsel right in the way he treated the witness in Q.5? State your reason (s).
Answer
126
No – the counsel was not right to have treated the witness the way he did. The questions were
scandalous, needlessly offensive. Counsel can apply that the question be expunged
b. Could counsel have validly made the application in Q5? State your reasons.
Answer
No. He was not the right person to make such application.
In terms of procedure, oral application should be made first to the court to declare the witness a
hostile witness.
Ethical Issues
Rule 1 RPC
Rule 32 RPC
Rule 32(3) RPC
Rule 25(4) RPC - A lawyer shall not be unfair or abusive or inconsiderate to adverse witnesses
or opposing litigants, or ask any question only to insult or degrade the witness; and he shall not
allow the unfair suggestions or demands of his clients to influence his action.
Rule 31(1) RPC - A lawyer shall always treat the Court with respect, dignity and honour.
127
WEEK 14
CLOSING/FINAL ADDRESS AND JUDGMENT
Tasks (A)
Question 1
Based on the Trial prepared & presented in class in weeks 11, 12 & 13, all the students in
each group should prepare the final addresses using the Case Study of Emeka Henry v.
Goodies Sugar Plc or Tade Gold v. Ola Rascal
Answer
HOLDEN AT LAGOS
BETWEEN
EMEKA HENRY………..………………………………………. CLAIMANT
(Trading under the name and style of “Emeka Henry & Sons”)
AND
GOODIES SUGAR PLC ………………………………………. DEFENDANT
DEFENDANT’S FINAL WRITTEN ADDRESS

2. INTRODUCTION
a. My Lord, the Claimant by a Writ of Summons and Statement of Claim dated and filed
on 1st of June, 2022, claims against the Defendant as follows:
1. The Claimant called 3 witnesses
2. The Claimant tendered 5 documents
3. 21% annual interest on the contract sum until date of payment
4. N50,000,000 (Fifty Million Naira) only as general damages for breach of contract
3. BRIEF STATEMENT OF FACTS

b. The agreed facts are that: The Claimant entered into a contract with the Defendant on
the 1st day of April, 2020. The purpose of the contract was for the supply of 25 trailer
loads of sugarcane. Based on the contractual agreement, the Defendant paid the
deposit of N35,000,000 (Thirty Five Million Naira only) which is 50% of the total
fee. The balance of N35,000,000 (Thirty Five Million Naira only) was to be paid after
the Claimant had completed the delivery on or before the 30th day of June, 2020. The
Claimant was only able to supply 20 trailer loads before the 30th day of June, 2020.
The Claimant later delivered the remaining 5 trailer loads of sugarcane on the 5th day
of July, 2020. Upon taking delivery, the Claimant discovered that the 5 trailer loads
that were subsequently discovered contained bad goods. Thereafter, the Defendant
wrote a letter to the Claimant stating that its refusal to complete the balance due to the
failure of the Claimant to strictly abide by the terms of the contract. The Claimant
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then proceeded to institute an action for breach of contract against the Defendant even
though it is supposed to be the other way around.
c. My Lord, at the course of presenting its case, the Claimant called two witnesses and
tendered three exhibits. On the other hand, the Defendant called one witness and
tendered one exhibit which were all admitted in evidence.
d. The claimant
4. ISSUES FOR DETERMINATION

My Lord, from the case presented by the parties, the Defendant humbly submit the
following issues for determination
9. Whether by the …., a contract has beenvaliafly entered
10. WHETHER THE CONTRACT BETWEEN THE CLAIMANT AND THE
DEFENDANT WAS BREACHED BY THE CLAIMANT
11. WHETHER THE CLAIMANT IS ENTITLED TO THE FULL PAYMENT
AFTER FAILING TO FULFILL HIS CONTRACTUAL OBLIGATION
12. WHETHER THE CLAIMANT IS ENTITLED TO THE RELIEFS SOUGHT
5. LEGAL ARGUMENT
e. WHETHER THE CONTRACT BETWEEN THE CLAIMANT AND THE
DEFENDANT WAS BREACHED BY THE CLAIMANT
4.1.0 My Lord, we respond in the affirmative that the Claimant breached the
Contract. The Claimant and the Defendant executed a contractual agreement for the
delivery of 25 trailer loads of sugarcane. Clause 3 of the Contract is as follows:
―The goods to be supplied shall be of good quality and meet the standard required by
the company‖.
4.1.1 Upon the late delivery of the goods on the 5th of July, 2020, while taking
inventory of the goods, the Defendant discovered that the goods delivered had gotten
spoilt and had decayed. The Defendant immediately wrote to the Claimant citing the
bad quality of the goods supplied, the letter was tendered by DW1 and was marked
―Exhibit D1‖. This amounts to a clear contravention of Clause 3 of the contract. The
goods were not only bad; it also falls below the standard required by the Company. In
VARLEY v WHIPP (1900) 1 QB 513 and G.N NWAOLISAH v PASCHAL
NWABUFOH (2011) LPELR-SC.211/2003, the Court held that in a contract of sale,
the goods to be delivered must be fit for purpose. In this case, the Claimant supplied
goods which were not fit for the purpose for which the Defendant needed it for
irrespective of the fact that it was also expressly stated in the contract.
4.1.2 Clause 4 of the Contract states:
―the goods must be delivered on or before the 30th day of June, 2020‖.
However, the Claimant failed to deliver the entire goods on the agreed date thus
amounting to a breach of the said Clause 4. During cross-examination, PW1 (the
Claimant) admitted to making the full delivery on the 5th day of July, 2020. This
amounts to a clear breach of Clause 4 of the Contract.
4.1.3 My Lord, in JOS FLOUR MILLS LTD & ANOR v MR. CHRISTOPHER
GIWA & ORS (2020) LPELR-51452 (CA), the Court held that
“a breach of contract means that the party has acted contrary to the terms of the
contract”.
129
It is quite clear that the actions of the Claimant amounts to a clear breach of two
clauses contained in the contract. Thus, we urge Your Lordship to resolve this issue in
favour of the Defendant.
f. WHETHER THE CLAIMANT IS ENTITLED TO THE FULL PAYMENT

AFTER FAILING TO FULFILL HIS CONTRACTUAL OBLIGATION
4.2.0 My Lord, according to the agreement between the Claimant and Defendant as
evidenced in Clause 5 of the Contract, ―Down payment of N35,000,000 (Thirty Five
Million Naira) being 50% of the contract sum will be made by the Purchaser
(Defendant) to the supplier (Claimant) and the balance will be paid upon delivery at
the refinery on the 30th day of June, 2020‖.
4.2.1 As stated by PW2 in Paragraph 6 of his Witness Statement on Oath, the
Defendant made the payment of N35,000,000 on the 1st day of April, 2020 as
stipulated in the contract. This is also evidenced by the Notification of Payment
marked as ―Exhibit P3‖. Thus, the Defendant fulfilled its own part of the contract by
duly making the part payment.
4.2.2 However, as seen in the wordings of Clause 5, the payment of the balance of
N35,000,000 (Thirty Five Million Naira) is premised on the delivery of the full goods
by the Claimant on or before the 30th day of June, 2020. In BEST (NIG) LTD v
BLACKWOOD HODGE (NIG) LTD & ORS (2011) LPELR-776, the Court held
that:
“Expressio Facit Cessare tactitum which means the express mention of certain thing
is the exclusion of the other not mentioned”.
4.2.3The payment of the balance as expressed in the contract is premised on the
delivery of the goods on or before the 30th day of June, 2020. Thus, a failure to
deliver the goods on the agreed date means the Defendant is not obliged to make the
payment as it is excluded having not been mentioned
Reliefs Sought
g. WHETHER THE CLAIMANT IS ENTITLED TO THE RELIEFS SOUGHT

This is consequential upon the findings of the court in the above issues.
6. CONCLUSION
My Lord, flowing from the arguments canvassed above, it can be easily seen that the
Claimant is the defaulting party in the contract between the parties. The Claimant
failed to deliver on the agreed date, he also failed to deliver the quality of goods
stipulated in contract. It will amount to an injustice for the Claimant to turn around and
attempt to benefit from his own wrongs and breach. It is an accepted maxim of equity
that ―he who comes to equity must come with clean hands‖. In this regard, the
Claimant is the party who is on the wrong side, it would amount to an injustice for him
to attempt to be rewarded for his own wrong.
We hereby respectfully urge this Honourable Court to dismiss the case of the Claimant
with substantial cost for being frivolous, lacking merit and being instituted with
fraudulent intention.
7. LIST OF AUTHORITIES
BEST (NIG) LTD v BLACKWOOD HODGE (NIG) LTD & ORS (2011) LPELR-776
130
JOS FLOUR MILLS LTD & ANOR v MR. CHRISTOPHER GIWA & ORS (2020)
LPELR-51452 (CA)
VARLEY v WHIPP (1900) 1 QB 513
G.N NWAOLISAH v PASCHAL NWABUFOH (2011) LPELR-SC.211/2003
Dated this ……. day of…….……..2022

………………
B.E GOSPEL ESQ.
For: GROUP 6 SOLICITORS
DEFENDANT‘S COUNSEL
15, Ikoyi, Lagos
group6@gmail.com
080869529991
FOR SERVICE ON
THE CLAIMANT
C/O His Counsel
R.J AJIRI ESQ.
GURU CHAMBERS,
No. 3, Cowry Street,
Lekki, Lagos
group2@gmail.com
0819319934
Assuming the final address above is for the claimant, it should have address for service for the
defendant and since it is a fresh suit, it should be served personally to Goodies Sugar as a
company and not through her counsel because at this stage, it has no legal practitioner yet. It will
be drafted thus:
FOR SERVICE ON
The Defendant
Goodies Sugar PLC
Kirikiri Road,
Apapa Lagos.
131
Question 2
Students are also to prepare one page opinion on a judgment given in a case reported in the
law report pointing out any strengths and weaknesses in the judgment.
Answer
Consider whether all the qualities of a good judgment are present.
Question 3
Students are to identify ethical issues involved.

Answer
1. Duty to be diligent and represent client competently – Rules 14 & 16 RPC 2007.
2. Demonstrate candor and disclose the existence of adverse authorities to the court as a minister
in the temple of justice.
3. Duty to file address within the time limited by the rules/court.
4. Duty to ensure that addresses are served in good time.
5. Dignity and respect to the court – Rule 31 RPC 2007.
6. A lawyer is an officer of the court and accordingly, he shall not do any act or conduct himself
in any manner that may obstruct, delay or adversely affect the administration of justice - Rule
30 RPC 2007.
7. In appearing in his professional capacity before a court or tribunal, a lawyer shall not with
knowledge of its invalidity cite an authority, a decision that has not been overruled or a statute
that has been repealed with intent to mislead the court or tribunal - Rule 32(3) (g) RPC 2007.
8. Also, a lawyer shall not intentionally or habitually violate any established rule of procedure or
of evidence – Rule 32(3) (e) RPC 2007.
9. A lawyer shall not in his argument assert as a fact that which has not been proved, or in those
jurisdiction where a side has the opening and closing argument to mislead his opponent by
concealing or withholding his in his closing argument position which his side intends to rely –
Rule 32(3) (h) RPC.
10. In his representation of his client, a lawyer shall not knowingly make a false statement of law
or fact - Rule 15(3) (g) RPC.
11. A lawyer must not misquote authorities. If he finds any authority adverse to his case, he must
disclose it and he is permitted to distinguish - Rule 32 RPC.
Question
Task (B)
Question B (1)
Where the defendant decides to rest his case on that of the claimant/plaintiff who
addresses the court first.
Answer
132
Where a defendant decides to rest his case on that of a claimant, the Claimant will address the
court first because he has not called any witness. When a defendant rest his case on the
claimant‘s case, he is simply saying that the claimant has failed to make out a prima facie case to
call the defendant to answer by calling evidence or has a complete defence in law. In the
circumstance, the claimant will address the court first since the defendant did not adduced
evidence. This position enjoys statutory backing under Order 32 Rule 14-17 Abuja 2018 and
Order 33 Rule 13-16 Lagos 2019 and has found judicial application in a plethora of judicial
authorities such as Tariola v. Williams (1982); Akanbi v. Alao (198).
Question B (2).
Would your answer in 1 above be different, if the defendant calls no witness but read
evidence through the claimant’s witness?
Answer
My answer will be different, since the defendant read evidence through the claimant‘s witness.
The reading of evidence in the circumstance simply means that the defendant elicited evidence
via cross-examination and therefore will address the court first.
In effect, he was the last to address the court therefore he should be the first to address the court
with his final address. This is in line with Order 33 Rule 12 Lagos High Court (Civil
Procedure) Rules 2019 and Order 32 Rule 14 FCH High Court (Civil Procedure) Rules 2018.
Question B (3).
Would your answer be different from 2 above if apart from the documents tendered by
consent the defendant calls no witness?
Answer
My answer will not be different from 2 above since the defendant tendered document by consent.
It amounts to giving evidence, thus the defendant will address the court first – Automatic
Telephone & Electric Co Ltd v. FMG of Nigeria.
Task (C).
The suit between Council of Legal Education and Access Computers Ltd came to an end as
the parties already filed, exchanged and adopted their final addresses and Justice S.B Oke of
Lagos State High Court adjourned the matter to 15th June, 2020 for judgment . On the date
fixed for judgment, all parties and their counsel were in court. Hon. Justice Oke sat around
9.00am as usual, and started delivering his judgment. But later, he asked all counsel to pick
pen and paper to write what he would be dictating as part of the judgment because he said
he couldn‘t write the last part because his ink finished and wouldn‘t like to sit late.
Although counsel started taking down what he was dictating to them, midway, he also said
133
the counsel should excuse him as he was tired but will continue delivering the judgment
next week from where he stopped.
Question C (1)
Was Justice Oke right when he dictated part of his judgment because his ink finished?
Support your answer with authorities
Answer
Justice Oke was wrong to have dictated his judgement. According to Section 294(1) CFRN
1999, a judgement of a superior court must be in writing. Thus an oral judgement is
unconstitutional and as such invalid. This position was judicially upheld in the cases of Ifezue v.
Mbadugba; Okoruwa v. The State, etc.
Question C (2)
Was Justice Oke right when he excused himself that he would continue to deliver his
judgment next week? State your reasons.
Answer
Justice Oke was wrong to have excused himself that he would continue to deliver his judgement
next week. The reason is that a judge cannot deliver a judgement in piecemeal as judgement
must be delivered as a whole. See the case of CBN V BECKITI CONSTRUCTIONS LIMITED.
Assuming judgment was delivered after the required 90 days, the judgment will be
improper, however, it will not be vitiated unless it can be proved that the delay occasioned
miscarriage of justice.
Question C (3)
State the features of a good judgment

Answer
The features of a good judgment are:
1. It must be in writing - section 294 CFRN 1999
2. It must be delivered within 90 days after the final written address has been filed
3. It must give reasons for the judgment unless it is a court of final appellate jurisdiction. ANPP
V. GOMI.
4. It is to be delivered in an opinion
134
5. It must show a clear resolution of all the issues that arise from the case
6. The judgment must show clearly that the court considered evidence in trial
Question C (4)
When will a judgment of a justice of an appellate court be read and when will it be
pronounced?
Answer
Where it is in impracticable for a justice or a writer of a judgment to deliver the judgment on the
ground of illness, if it is duly written and signed by the judge of the appellate court, such
judgment would be said to be read by another justice of that same court. A.G FED v ANPP &
Ors [2003].
Where such a justice have been promoted or he died, his judgment would be said to be
pronounced. A.G IMO v. A.G RIVERS and Section 294 CFRN.
135
WEEK 15
ENFORCEMENT OF JUDGMENT & APPLICATIONS PENDING APPEAL.
Task 1
Assuming the court gave judgment in favour of Emeka Henry in the sum of N35 Million as
payment of outstanding sum due in respect of the goods supplied and N30 Million as general
damages and Goodies Sugar Plc has refused to pay up the judgment sum. Emeka Henry
thereafter levied execution on the moveable properties of Goodies Sugar Plc i.e. A Lexus LX
500 Jeep worth N10m and other factory machines equipment worth N20m. However the sum
realised from the sale of the goods was not enough to satisfy the judgment debt. Emeka Henry
now wants to proceed to levy execution against Goodies Sugar Plc‘s immovable property i.e. His
4 bedroom duplex in Ajah worth N40m. Draft the necessary processes needed for execution of
the judgment.
Task 2
Assuming Emeka Henry wishes to levy execution of the judgment against Goodies Sugar Plc‘s
account with GT Bank, Victoria Island branch, Lagos where the company has nothing less than
N100m in its account for the purpose of recovering the outstanding judgment sum of N35
million. Draft the necessary processes with which you will do this.
Question 3(a)
Assuming Goodies Sugar Plc has appealed against the judgment in favour of Emeka Henry and
does not want Emeka Henry to execute the judgment whilst the appeal is pending. Draft the
necessary application to be filed in court.
Answer

HOLDEN AT IKEJA
SUIT NO: HC/LAG/63/2020.
BETWEEN:
GOODIES SUGAR PLC:::::::::::::::::JUDGMENT CREDITOR/ GARNISHEE/APPLICANT
AND
EMEKA HENRY
136
(Trading under the business name of Emeka Henry & Sons) ::::::::::::::::::::: JUDGMENT
DEBTOR/GARNISHOR/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 58 RULE 1 HIGH COURT OF LAGOS STATE
(CIVIL PROCEDURE) RULES 2019 AND ORDER 7 RULE 3 OF THE COURT OF
APPEAL RULES 2011 AND UNDER THE INHERENT JURISDICTION OF THE
COURT
TAKE NOTICE that this Honourable Court will be moved on the ____ day of ________ 2022 at
the hour of 9 O‘clock in the forenoon or so soon thereafter as counsel on behalf of the
APPLICANT may be heard praying this Honourable Court for the following orders:
1. AN ORDER OF STAY OF EXECUTION OF THE JUDGMENT of this Honourable Court
delivered on the 17th June 2020, pending the determination of the appeal filed against it at
the Court of Appeal, Lagos Division.
2. AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit
Dated the _______ day of ______ 2020

---------------------------------------
Comrade Wisdom O. Isaac
Counsel to Appellant/Applicant
For: Group Six & Ass.
No. 1, Law School Drive,
Ikeja, Lagos
group6ass@gmail.com
08012345678.
FOR SERVICE ON:
Respondent
C/o Counsel
Emeka Tomboy & Co.
4A Akenpai Street
Opp. Conoil Filing Station
Gbagada, Lagos.
137
Affidavit in Support of Application for Stay of Execution
HOLDEN AT IKEJA
BETWEEN:
GOODIES SUGAR PLC:::::::::::::::::JUDGMENT CREDITOR/APPLICANT
AND
EMEKA HENRY
DEBTOR/RESPONDENT

I, Markson Olumide, Male, Christian, Nigerian citizen, Businessman of No. 65, Agric Oke-Aro,
Ikeja Lagos, do hereby make oath and state as follows:
1. That I am the Managing director of Appellant/Applicant Company herein and by virtue of
which I am familiar with the facts of the case in the Suit herein.
2. That I have the authority and consent of the Board of Directors as well as the members of the
Applicant Company to depose this affidavit
3. That I have since been served with the judgment of the proceedings which awards the sum of
₦50,000.000,00 (Fifty Million Naira) damages against the Appellant/Applicant Company the
judgment debtor.
4. That I have reacted to the said judgment by filing Notice of Appeal against the judgment. A
copy of the Notice of Appeal is hereby attached and marked ―Exhibit A‖.
5. That If this application is not granted, the applicant will not be able to reap the fruit of its
appeal if appeal succeeds.
6. That this application is necessary and it is in the interest of justice pending the determination
of the appeal.
7. That I make this affidavit in good faith believing the contents to be true and correct and in
accordance with the Oaths Act.
………………………….
DEPONENT
This ______day of__________ March 2020.
Before me
…………………………………………..
COMMISSIONER FOR OATH
138
Written Address in Support of Application for Stay of Execution

HOLDEN AT IKEJA
BETWEEN:
GOODIES SUGAR PLC:::::::::::::::::JUDGMENT CREDITOR/APPLICANT
AND
EMEKA HENRY
DEBTOR/RESPONDENT
WRITTEN ADDRESS IN SUPPORT OF MOTION

Introduction
My Lord, this is an application in which the Judgment Creditor is seeking the Order of Stay of
Execution of judgment of this Honourable Court pending the determination of appeal already
filed.
Brief Statement of Facts

My Lord, the facts of the case are as follow: ……….the Appellant/Applicant had a contract
with the Respondent for the supply of 25 trailer load of sugarcane …...
Issue for Determination

My Lord, the major issue sought out here is whether the Applicant is entitled to an order of this
Honourable Court to stay the execution of judgment having filed a Notice of Appeal.
Legal Argument
The Supreme Court stated in the case of ….
139
Conclusion
My Lord, we therefore urge the Court to grant the application. We move in terms of our motion
papers.
Dated the _______ day of ______ 2021

---------------------------------------
Ikeja, Lagos
group6ass@gmail.com
08012345678.
FOR SERVICE ON:
Respondent
C/o Counsel
Emeka Tomboy & Co.
4A Akenpai Street
Gbagada, Lagos.
Question 3(b)
State the conditions that must be established before the application can be granted.
Answer
The conditions that must be established before the application for stay of execution can be
granted are:
1. Chances of success in the appeal
2. That there is a valid notice of appeal already filed
3. The nature of the subject matter
140
4. Whether the appellant would be able reap of the benefit of the appeal if he succeeds.
5. In respect of money judgment, will the appellant be able to recover the money if he
succeeds on appeal
6. Does the notice of appeal disclose substantial grounds
Task 4(a)
Assuming during trial of the action Goodies Sugar Plc sought to tender as an exhibit the
computer generated report of its purchasing manager to proof that the sugar cane supplied were
not of good quality, but the judge refused to admit the document in evidence and also marked it
rejected. Goodies Sugar Plc has now filed an appeal against the judge‘s decision. However it
does not want the trial to continue until the appeal is determined. Draft the necessary application
you will file in court.
Task 4(b)
Comment
1. Valid appeal
2. Grounds of appeal is substantial
3. Balance of convenience is in the applicant‘s favour
4.
Task 5(a)
The court has delivered its judgment and dismissed the case of Emeka Henry against Goodies
Sugar Plc. Emeka Henry has appealed against the judgment and does not want goodies Sugar Plc
to give effect to the judgment whilst the appeal is still pending. Draft the necessary application
for filing in court.
Task 5(b)
Task 6
Mr. Thompson and Mr. Matthew are members of the Living Wonder Church, Ikeja, Lagos
where they have worshipped for the past 10 years. Mr. Thompson just retired as a Senior
Executive Director of Midas Car Limited, Ikeja, Lagos while Mr. Matthew is a Director in
Whitepearl Estate Limited, Ikeja Lagos.
On the 2nd January, 2021, Mr. Thompson visited Mr. Matthew at his home and requested
for a loan of N15,000,000 to complete the building of his house in Ikeja so that he can
move in and celebrate his 60th Birthday anniversary upon his retirement by the end of
February 2021. He promised to pay back the loan to Mr. Matthew at the end of March 2021
when he will be paid N20,000,000 as his gratuity.
141
Mr. Matthew did not doubt Mr. Thompson‘s promises because of their long-standing
relationship and having known Mr. Thompson to have paid back all the loans he collected
in times past promptly. He, however, requested Mr. Thompson to put his undertakin g into
writing. Upon putting the undertaking into writing by Mr. Thompson, Mr. Matthew gave
him the sum of N15,000,000 in cash.
However, to the dismay of Mr. Matthew, two months passed without Mr. Thompson paying
him back the loan and without even contacting him about it and Mr. Thompson stopped
attending the church where they worshipped. When Mr. Matthew inquired from the General
Manager of Midas Car Limited, the General Manager confided in him that because of the
financial crisis that was occasioned to the Company due to the COVID 19 pandemic, the
Company could not pay Mr. Thompson‘s gratuity at the end of March but will do so by the
end of August.
Mr. Matthew instituted an action against Mr. Thompson in the High Court of Lagos State
and successfully got judgment in his favor on the 17th June 2021. Mr. Matthew has come
to you for advice on the following issues:-
Question 6(a)
The procedure he will follow to recover the judgment debt of N15, 000,000.
Answer
The procedure he will follow to recover the judgement debt
There are various procedures available for the recovery of a judgement debt which is pecuniary
in nature, they are as follows:
 Writ of fieri facias to recover

 Garnishee proceedings
 Judgment debtor summons
 Writ of sequestration
 Installment Payment
In this case the procedure I will advise he take is the garnishee proceedings based on the fact that
it is most suited for cases where there the judgement debt is a determinable sum of money.
The procedure for a garnishee proceeding is as follows:
 An application by a motion ex-parte with an affidavit and written address attached, praying
for a GARNISHEE ORDER NISI
 Hearing date and order nisi: If the court is satisfied, a hearing date is fixed and it makes a
garnishee order nisi as in Form 26 requiring the garnishee to come to court to show cause why
the Order nisi should not be made absolute and also notifying the garnishee that if he pays the
money to the Registrar of the court within 8 days of service of the form, he shall incur no
further cost.
142
 Service: The form shall be personally served on the garnishee, at least 14 days before the
hearing date. The judgment debtor will also be served but will have no right of hearing the
court Sec 83(2) SCPA
 The garnishee has the option of filing an affidavit accepting or disputing the debt. If he
accepts and pays the money into court, the proceedings terminate, but if he disputes the debt,
he should file a counter-affidavit and appear before the court on the hearing date.
 Decision of the court: On the date fixed for hearing, if the court is convinced that garnishee is
owing the judgment debtor it will make the garnishee order absolute. However, where the
court is convinced that the garnishee does not owe, the application may be struck out.
 Execution: will be carried out against the garnishee if he fails to pay. A writ of Fiera Facias
can be executed against him as if he is a normal party pursuant to section 86 SCPA.
Question 6(b)
Whether he can compel Midas Car Limited to pay to him the amount due from Mr
Thompson’s gratuity. Assuming he can compel the Company, what would be the
procedure to follow?
Answer
Yes, he can compel or request Midas Car Limited to pay the amount due from Mr. Thompson‘s
gratuity under Garnishee proceedings.
However, for the debt to be attachable, it must be due or accruing to the judgment debtor.
Section 85 of the Sheriffs and Civil Process Act.
Procedure
1. File a motion ex parte supported by affidavit and a written address. Section 83 of the Sheriffs
and Civil Processes Act.
2. The garnishor attaches the CTC of the judgment
3. The court makes a garnishee order nisi as in (SCPA Form 26) directing the garnishee to show
cause while money in his/her custody should not be attached in satisfaction of judgment
4. Service of Form 26 automatically attaches the money
5. The garnishee is given 8 days to file an affidavit to show cause
6. Where a good cause is shown , the garnishee is discharged
7. The garnishee could either comply by paying the money to the judgment creditor or challenge
the order if there is no such money in his possession
8. Where good cause is not shown , the garnishee order nisi becomes absolute and enforceable -
CBN v. Interstella communications.
143
Question 6(c)
What procedure will you follow if the execution of the judgment given by the Lagos
State High Court were to be carried out in Abuja?
Answer
This is otherwise known as inter-State execution of judgment. This requires registration of the
judgment in the State where it is intended to be executed i.e. the Federal Capital Territory,
Abuja. See Section 104 of the Sheriffs and Civil Processes Act. Accordingly the following
procedure has to be followed: -
1. Obtaining of Judgment Certificate. The judgment is to be issued by the High Court of Lagos
State and shall contain particulars of claim and the judgment. The Registrar of the court is to
issue it under his hand and seal.
2. Registration of the judgment Certificate in High Court of the Federal Capital Territory, Abuja
which is to be done by the Registrar of the court.
3. Then I will file an affidavit in the High Court of the Federal Capital Territory, Abuja stating:
a. That the amount is due and unpaid or:
b. That the act ordered to be done has not been done: or
c. That the person restrained from doing an act disobeyed the order. See Electrical &
Mechanical Construction Co. Ltd v. Total (Nig.) Ltd. & Anor. (1972).
4. When it is registered, it is deemed the register of the court that registered it.
5. The Registrar of the court will then send a report to the court which gave the judgment
stating the level of compliance with the judgment.
Question 6(d)
Will your answer be different if the judgment were given by an Abidjan (Ivory Coast)
High Court to be executed in Abuja, Nigeria?
Answer
Yes, my answer would be different as the procedure for enforcement of foreign judgements
differs from that stated above. In the case of enforcement of foreign judgements, they can only
be applied through the following means:
By an action at common law, here the foreign judgment creditor will commence an action in a
High Court in Nigeria, using the reliefs given in his foreign judgment as the cause of action.
By reciprocity or reciprocal enforcement: This is based on the enforcement of judgments given
by foreign courts in Nigeria which accord reciprocal treatment to judgments given in Nigeria.
Such countries that are engaged in reciprocal enforcement with Nigeria are those to be listed in
an order made by the Minister of Justice under Part I of the Foreign Judgment (Reciprocal
Enforcement) Act 1961.
144
For Nigeria this method of enforcing foreign judgements only applicable to the commonwealth
nations of Africa and nations under the trusteeship of the league of nations. Section 9 foreign
judgement (Reciprocal Enforcement) Act 1961
In this present case, the judgement made by the High Court in Ivory Coast cannot be enforced in
Nigeria as it does not fall under any of the categories provided above. In other words, Ivory
Coast (Abdijan) is not a Commonwealth Country in respect of which the Foreign Judgment
(Reciprocal Enforcement) Act applies. Consequently enforcement will be by way of an action
under common law commenced at the High Court of Federal Capital Territory, Abuja, Nigeria,
using the judgment as the cause of action.
Question 6(e)
Assuming Mr. Thompson appealed against the judgment and wants you to apply for
stay of execution of same. Draft the necessary application.
Answer
HOLDEN AT IKEJA
BETWEEN
MR. THOMPSON ---------------------------- JUDGMENT DEBTOR/APPLICANT
AND
DONALD MATTHEW ----------------------------- JUDGMENT CREDITOR/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 58 RULE 1 HIGH COURT OF LAGOS STATE
(CIVIL PROCEDURE) RULES 2019 AND ORDER 7 RULE 3 OF THE COURT OF
APPEAL RULES 2011 AND UNDER THE INHERENT JURISDICTION OF THE
COURT
TAKE NOTICE that this Honourable Court will be moved on the ____ day of ________ 2022 at
the hour of 9 O‘clock in the forenoon or so soon thereafter as counsel on behalf of the
APPLICANT may be heard praying this Honourable Court for the following orders:
3. AN ORDER GRANTING STAY OF EXECUTION OF THE JUDGMENT of this
Honourable Court delivered on the 17th June 2021, pending the determination of the appeal
filed against it at the Court of Appeal, Lagos Division.
4. AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit
Dated the _______ day of ______ 2021
---------------------------------------
145
Ikeja, Lagos
group6ass@gmail.com
08012345678.
FOR SERVICE ON:
Respondent
C/o Counsel
Emeka Tomboy & Co.
4A Akenpai Street
Gbagada, Lagos.
Affidavit in Support of Application for Stay of Execution

HOLDEN AT LAGOS
BETWEEN
MR. THOMPSON ---------------------------- APPELLANT/APPLICANT
AND
DONALD MATTHEW ----------------------------- RESPONDENT

I, Mr. Thompson, Male, Christian, Nigerian citizen, a retired Senior Executive Director of
Midas Car Limited, Ikeja, Lagos, of No. 65, Agric Oke-Aro, Ikeja Lagos, do hereby make oath
and state as follows:
1. I am the Appellant/Applicant in the Suit herein
2. I have since been served with the judgment of the proceedings which awards the sum of
₦15,000.000,00 (Fifteen Million Naira) damages against me as the judgment debtor.
3. I have reacted to the said judgment by filing Notice of Appeal against the judgment. A copy
of the Notice of Appeal is hereby attached and marked ―Exhibit A‖.
4. If this application is not granted the applicant will not be able to reap the fruit of his appeal if
appeal succeeds.
5. This application is necessary and it is in the interest of justice pending the determination of
the appeal.
6. I make this affidavit in good faith believing the contents to be true and correct and in
…………………………
DEPONENT
This ______day of__________ March 2021.
146
Before me
…………………………………………..
Written Address in Support of Application for Stay of Execution

HOLDEN AT LAGOS
BETWEEN
MR. THOMPSON ::::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT/APPLICANT
AND
DONALD MATTHEW :::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

Introduction
My Lord, this is an application in which the Judgment Creditor is seeking the Order of Stay of
Execution of judgment of this Honourable Court pending the determination of appeal already
filed.

My Lord, the facts of the case are as follow: the Appellant/Applicant borrowed the sum of
N15,000.000.00 from the Respondent to enable the Appellant/Applicant complete the
building of his house in Ikeja with a promise to pay back the loan to the Respondent at the
end of March 2021 when the Appellant/Applicant will be paid my gratuity by Midas Car
Limited, Ikeja, Lagos where the Appellant/Applicant just retired as a Senior Executive
Director. However, due to the financial crisis that occasioned to the Company as a result of
the COVID 19 pandemic, the Company could not pay the Appellant/Applicant gratuity as
envisaged but has deferred same to a later date. The Respondent instituted an action against
the Appellant/Applicant in the High Court of Lagos State and successfully got judgment in
his favor on the 17th June 2021. The Respondent is desirous in enforcing same against the
Appellant/Applicant.
147
My Lord, the major issue sought out here is whether the Applicant is entitled to an order of this
Honourable Court to stay the execution of judgment having filed a Notice of Appeal.
Legal Argument
Conclusion
My Lord, we therefore urge the Court to grant the application. We move in terms of our motion
papers.
Dated the _______ day of ______ 2021

---------------------------------------
Ikeja, Lagos
group6ass@gmail.com
08012345678.
FOR SERVICE ON:
Respondent
C/o Counsel
Emeka Tomboy & Co.
4A Akenpai Street
Gbagada, Lagos.
Ethical Issues That May Arise From The Topics Treated
148
WEEK 16
APPEALS
Case Study 1
Chief Joseph Lambe is the holder of the statutory right of occupancy in respect of the choice
piece of land at No. 1 Lambe Close, Ikoyi, Lagos State by virtue of the Federal Certificate of
Occupancy No. FCO/111/2001 issued to him by the Minister of Lands and Urban Development
sometime in 2001. Royal Estates Limited, a real estate development company, desirous of
buying the property from Chief Lambe, entered into negotiation with him. N250m was agreed as
the purchase price. A contract of sale was thereafter executed by both parties on 1st June 2018.
Some of the clauses in the agreement are as follows:
5. The purchaser shall pay to the seller the sum of N25m being 10% of the purchase price as
deposit before the execution of this contract.
6. Upon the execution of this agreement, the seller shall hand over possession of the land to the
purchaser and the purchaser shall be at liberty to commence construction work on the land
immediately.
7. Balance of the agreed purchase price shall be paid on or before 1st November 2018.
After payment of the deposit and execution of the contract of sale, the purchaser moved into
possession and started construction of a 10 storey residential apartments on the land but did not
pay the balance of the purchase price as agreed. On the 1st December, 2018, the seller wrote a
letter to the purchaser demanding that the purchaser pay the balance of purchase price or give up
possession of the land. A similar letter was written on the 5th of January, 2019. On the 7th
January 2019, the seller wrote another letter terminating the contract of sale and demanding that
the purchaser vacate the land within 7 days of service of the letter. However, on the 8 th of
January, 2019 the purchaser paid the balance of purchase price which was promptly returned by
the seller.
In addition to the N25m paid as deposit, the purchaser has spent N75m on construction works on
the land consisting of N15m for building plans and approvals, N10m for quantity surveying and
N50m for piling. The projected annual income from the developed property is N60m. The
purchaser is therefore not happy and has instructed his Counsel Mr Loya Aristo to commence
proceedings to ensure that the contract stands or adequate monetary compensation is paid by the
seller.
Question 1
Assuming the Defendant filed a preliminary objection challenging the Jurisdiction of the
State High Court to hear the matter, the ruling of the trial High Court dismissing the
preliminary objection was delivered on the 15th June, 2021. You were briefed on 13th July,
2021, to appeal against the ruling
a. Draft the relevant process(es) for the proper commencement of the appeal.
149
IN THE COURT OF APPEAL OF NIGERIA
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED…………………… CLAIMANT/APPELLANT
AND
CHIEF JOSEPH LAMBE…………………… DEFENDANT/RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Claimant/Appellant being dissatisfied with the decision of the High
Court of Lagos State contained in the judgment of Hon. Justice Pinheiro Ishola dated the 15th
day of June 2021 doth hereby appeal to the Court of Appeal upon the grounds set out in
paragraph 3 and will at the hearing of the appeal seek the relief set out in paragraph 4.
And the Appellant further states that the names and addresses of the persons directly affected by
the appeal are those set out in paragraph 5.
2. DECISION APPEALED AGAINST:
The whole ruling of the trial court.
3. GROUNDS OF APPEAL
Ground 1
The learned trial judge erred in law when he dismissed the preliminary objection challenging the
jurisdiction of the trial court.
Particulars of Error
Preliminary objection challenging the jurisdiction of a court is a condition precedent for
commencement of an action in court.
4. RELIEFS SOUGHT
I. ORDER setting aside the decision of the lower court.
II. AND FOR SUCH ORDERS OR OTHER ORDERS AS this court may deem fit to make in
the circumstances.
5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL
1. Royal Estates Nigerian Limited
12, Ikoyi Drive, Ikoyi.
Lagos Nigeria
2. Chief Joseph Lambe
Lambe Close Ikoyi
Lagos.
150
DATED this ............. DAY OF ............ 2022
.................................
Mr Adam Michael
(Claimant's/Appellant's Counsel)
Adam Michael & co
No. 3, Osborne Street,
Ikoyi, Lagos State
AdamMike&co@gmail.com
08077756723
FOR SERVICE ON:
The Respondent,
Royal Estates Limited
Ikoyi, Lagos state
Royalestate@gmail.com
07023657895
b. Draft your brief of argument in respect of the substantive appeal.

HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED…………. …… CLAIMANT/APPELLANT
AND
CHIEF JOSEPH LAMBE………………………….. DEFENDANT/RESPONDENT
APPELLANT‘S BRIEF OF ARGUMENT
1. Introduction
2. Brief facts/summary of the case
3. Issues for determination
151
4. Legal arguments in support of issues for determination
5. Conclusion
6. List of authorities cited
DATED this ............. DAY OF ............ 2022
.................................
Mr Adam Michael
(Claimant's/Appellant's Counsel)
Adam Michael & co
Ikoyi, Lagos State
08077756723
FOR SERVICE ON:
The Respondent,
Ikoyi, Lagos state
07023657895
Question 2
Assuming the trial court also granted an order of interlocutory injunction on 22nd June,
2021 to restrain the defendant from selling or disposing of the property subject matter of
the suit to another person pending the determination of the substantive suit and you were
briefed on the 13th July 2021 to appeal against the decision. Draft the necessary
process(es) for the proper commencement of the appeal.
152
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED………………………. APPELLANT/APPLICANT
AND
CHIEF JOSEPH LAMBE…………………….…………..RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Claimant/Appellant being dissatisfied with the decision of the Lagos
State High Court, contained in the judgement of Hon. Favour Ogbadu dated 22nd June, 2021
doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3.
2. PART OF THE DECISION COMPLAINED OF:
The interlocutory injunction restraining the defendant from selling or disposing of the property
subject matter of the suit to another person pending the determination of the substantive suit.
3.GROUNDS OF APPEAL
Ground One
That the trial court misdirected itself when it held that the conditions for the grant of an
interlocutory injunction had been fulfilled in this matter.
Particulars
The statutory conditions for the grant of an interlocutory injunction have not been fulfilled. The
Defendant/Respondent has not performed any act that might lead to irreparable damage on the
Appellant/Applicant. Rather, he has demonstrated good faith throughout the pendency of the
agreement between the parties.
4. RELIEFS SOUGHT
The Appellant hereby seeks for the following reliefs:
1. AN ORDER setting aside the ruling of the lower court
2. AND FOR SUCH OTHER ORDERS OR OTHER ORDERS that the court may deem fit to
grant in these circumstances.
5. PERSONS DIRECTLY AFFECTED BY THE APPEAL
a. Royal Estates Limited
153
No. 1, Blossom Drive, Ikoyi, Lagos
b. Chief Joseph Lambe
Plot 4, Lambeg Close, Ikoyi , Lagos .
Dated this……………….. day of……………………… 2022
.................................
Mr Adam Michael
APPELLANT/APPLICANT‘S COUNSEL
Adam Michael & co
Ikoyi, Lagos State
08077756723
FOR SERVICE ON:
…………………….
Mrs Dayo Akinade
Ikoyi, Lagos state
07023657895
Notice of Motion
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED……………………APPELLANT/APPLICANT
154
AND
CHIEF JOSEPH LAMBE………………….…………..RESPONDENT
NOTICE OF MOTION
BROUGHT PURSUANT TO ORDER 6 RULE 6 OF THE COURT OF APPEAL RULES 2021
AND WITHIN THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that this Honourable court shall be moved on the ________day
of_________2022 at the hour of 9.00am or so soon thereafter as the Counsel for the
Appellant/Applicant shall be heard for an application praying the court for the following
RELIEFS:
1. AN ORDER of extension of time within which to appeal against the ruling in suit
HC/LAG/06/21 delivered on the 22nd June, 2021 by Hon. Justice Mula Mula.
2. AND SUCH FURTHER ORDER OR ORDERS as this honourable court may deem fit to
Dated this……………….. day of……………………… 2022
.................................
Mr Adam Michael
Adam Michael & co
Ikoyi, Lagos State
08077756723
FOR SERVICE ON:
…………………….
Mrs Dayo Akinade
Ikoyi, Lagos state
07023657895
155
Affidavit
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED………………………. APPELLANT/APPLICANT
AND
CHIEF JOSEPH LAMBE………. ……….…………..RESPONDENT
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
I, Chief Joseph Lambe, Male, Christian, Nigerian citizen, businessman of No. 1 Lambe Close,
Ikoyi, Lagos State, do hereby make oath and state as follows:
1. I am the Appellant/Applicant in the Suit.
2. That on the 1st of June 2018, a contract of sale of land, in respect of a land situate at Lambe
Close, Ikoyi, Lagos, covered by a Certificate of Occupancy No. FCO/111/2001 was executed
between the claimant (herein the respondent) and the defendant (herein the appellant) with
the agreed purchase price of N250 million Naira (two hundred and fifty million naira) only.
3. That the respondent breached the terms of the contract to pay the balance sum even after
consistent requests by the appellant which led the appellant to terminate the contract.
4. That the Respondent filed an action in the Lagos High Court with suit no. HC/LAG/06/21
5. That the Respondent further applied for interlocutory injunction restraining the appellant
from selling or disposing of the property subject matter of the suit pending the determination
of the substantive suit.
6. That I have since been served with the order of Honourable Justice Favour Ogbadu of the
Lagos State High Court restraining me from selling or disposing of the property subject
matter of the suit pending the determination of the substantive suit
7. That this application is brought out of time because I was out of the country at the time when
the order was made and could not react to same at an earlier date.
8. That a refusal of this application will inflict greater hardship on me if not granted
9. I make this affidavit in good faith believing the contents to be true and correct and in
…………………………………….
DEPONENT
This _______day of__________ 2022
156
Before me
………………………………………..
Written Address
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED……………………………………….
APPELLANT/APPLICANT
AND
CHIEF JOSEPH LAMBE……………………………. ……….…………..RESPONDENT
WRITTEN ADDRESS IN SUPPORT OF NOTICE OF MOTION
Introduction
My Lord, this is an application in which the Applicant is seeking an extension of time within
which to file an appeal against the decision of the lower court which granted an interlocutory
injunction to the Respondent.
My Lord, the facts are that the trial court granted an order of interlocutory injunction on 22nd
June, 2021 to restrain the Applicant from selling or disposing of the property subject matter of
the suit to another person pending the determination of the substantive suit.
Whether or not the Applicant is entitled to the orders as prayed
Legal Argument
My Lord, the Applicant is entitled to the orders prayed as the delay was not occasioned by any
fault of his own. He was outside the country and could not make this application at an earlier
date.
My Lord, there was also no unreasonable delay in bringing the application in compliance with
ORDER 6 RULE 6 OF THE COURT OF APPEAL RULES, 2021.
157
Conclusion
My Lord, we therefore urge the Court to grant the application.
Dated this……………….. day of……………………… 2022
.................................
Mr Adam Michael
Adam Michael & co
Ikoyi, Lagos State
08077756723
FOR SERVICE ON:
…………………….
Mrs Dayo Akinade
Ikoyi, Lagos state
07023657895
 Draft your brief of argument in respect of the substantive appeal.

HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED……………………. APPELLANT/APPLICANT
AND
158
CHIEF JOSEPH LAMBE……………………………. …………..RESPONDENT
Introduction
The appellant through notice of motion seeks the order of the court for the extension of time to
file its appeal against the ruling of the High Court of Lagos in suit no. HC/LAG/06/21 dated
22nd June, 2021 by Hon. Justice Mula Mulu.
Statement of Facts
The Appellant executed a contract of sale of land with the Respondent on 1st June, 2018. And it
was agreed that the Appellant would hand over possession to the Respondent upon the payment
of 25m being 10% of the purchase price as deposit, and the purchaser is at liberty to commence
construction base on the agreement that the balance of the purchase price shall be paid on the 1st
day of November, 2018. The Respondent defaulted in payment of the balance after repeated
request which made the Appellant terminate the contract of sale on 7th January, 2019
Grounds for Appeal
1. That the trial court erred in law when it held that the Defendant/Respondent had fulfilled
the conditions for grant of an interlocutory injunction.
2. The decision of the trial court is against the weight of the evidence.
Issues for Determination
Whether or not all conditions for the grant of a valid interlocutory injunction had been fulfilled
Legal Argument
1. My Lord, it is trite that in support of an application for interlocutory injunction, there must be
an affidavit stating out facts that fulfill the conditions for the grant of such application.
2. The conditions for the grant of an interlocutory injunction as stated in OBEYA MEMORIAL
HOSPITAL v. AGF are that there must be the:
 Existence of legal or equitable right
 Existence of substantial issue to be tried
 Balance of convenience
 Irreparable damage or injury
 Conduct of the parties( i.e. behaviors of the parties before and during the time of the
application)
 Undertaking as to damages
3. My Lord, the Respondent in his affidavit failed to show any of the above conditions as being
fulfilled.
4. My Lord, the application of the Respondent ought to have been denied by the learned trial
judge for failure to prove material conditions for the grant of such application.
5. We respectfully submit that the learned trial judge erred in law by granting the application as
there was no basis for doing so
Reliefs Sought
THE APPELLANT seeks the following reliefs:
a) AN ORDER of this court setting aside the ruling of the trial court.
159
b) AND FOR SUCH OTHER ORDERS as this Honourable court may deem fit to make in the
circumstances of this case.
List of Authorities
OBEYA MEMORIAL HOSPITAL V. A. G FEDERATION & ANOR (1987) 7 SC (PT 1) 52.
Dated this……………….. day of……………………… 2022
.................................
Mr Adam Michael
Adam Michael & co
Ikoyi, Lagos State
08077756723
FOR SERVICE ON:
…………………….
Mrs Dayo Akinade
Ikoyi, Lagos state
07023657895
Question 3
Assuming the trial Court entered judgment in favour of the claimant in respect of all the
claims in the case on the 30th June, 2021 and you were briefed on the 13th July, 2021 to
appeal against the judgment. Draft the necessary process(es) for the proper commencement
of the appeal.

HOLDEN AT LAGOS
SUIT NO................
160
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED…………………. DEFENDANT/APPLICANT
AND
CHIEF JOSEPH LAMBE………. ……….…………..CLAIMANT/RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Appellant being dissatisfied with the decision of the lower court
delivered by His Lordship, Justice Nsikan Blankson of the High Court of Lagos dated 30th of
June, 2021, more particularly stated in paragraph 2 of this Notice of Appeal do appeal to the
Court of Appeal upon the grounds set out in the paragraph 3 and will at the hearing of the appeal,
seek the relief sought in paragraph 4.
The Appellant further states that the names and addresses of the persons directly affected by the
appeal are those set out in paragraph 5.
2. DECISION APPEALED AGAINST:
The whole decision of the court
Ground 1
The learned Trial Judge erred in law when he held that there was a valid and subsisting contract
between the Appellant and the Respondent.
Particulars
The contract was validly terminated via a letter written by the Appellant, dated the 7th January
2019 informing the Respondent of the termination and demanding same to vacate the land within
7 days of service of the letter.
4. RELIEFS SOUGHT:
The appellant hereby seeks the following reliefs:
1. AN ORDER setting aside the decision of the lower court.
5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL ARE:
Chief Joseph Lambe
No. 1 Lambe Close, Ikoyi, Lagos State
No 5 Victoria Island Road, Ikoyi, Lagos
Dated this…….. day of July…….. , 2022.
………………………………
Comrade Wisdom APPELLANT‗S
SOLICITOR
Wisdom Solicitors.
Plot 1 Akinmolowu Way, Ikoyi,
Lagos State.
Wisdomsolicitors@gmail.com
+234812345678
161
FOR SERVICE ON:
…………………
Loya Aristo
RESPONDENT‗S SOLICITOR
Mr Loya Aristo & Co.,
No 16 Abacha Street, Ikeja,
Lagos State.
loyaaristo@yahoo.com
+234189076543
3b. Draft your brief of argument in respect of the substantive appeal.
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED……………………. DEFENDANT/APPLICANT
AND
CHIEF JOSEPH LAMBE…….…………..CLAIMANT/RESPONDENT
INTRODUCTION
This action was commenced by writ of summons and duly filed along with it were the statement
of claim, written statement on oaths of witnesses and certificate of pre-trial counselling as
required by the Rules of Court. The Defendant was duly served the processes on 6th February,
2019. The Defendant entered unconditional appearance and filed its statement of defence, written
statement on oaths of witnesses, copy of contract agreement. They were all served on the
Claimant on 25th February, 2019
BRIEF FACTS RELEVANT TO THE APPEAL

The Claimant/Respondent instituted an action against the Defendant/Appellant in the Honourable
court. Judgment was entered in favour of the Claimant/Respondent in respect of all the claims on
the 30th June, 2021. The learned trial judge erred in law when he entered judgment in favour of
the Claimant/Respondent and this has caused great hardship on the Defendant/Appellant who
had filed this action to appeal the decision of the High Court.
ISSUE FOR DETERMINATION

The sole issue raised in this appeal is whether the learned trial judge was correct in law when he
came to the conclusion that there was a valid and subsisting contract between the appellant and
respondent.
162
LEGAL ARGUMENT
My Lord, it is trite that a party who pursues an equitable relief must show that he has previously
conducted himself in a fair and proper manner in the transaction between him and the defendant.
Therefore, a party is himself guilty of misconduct cannot have the aid of equity because he who
has committed inequity shall not have equity. This principle was demonstrated in the case of Gill
v. Lewis (1956) 2 Q.B. 1, the court refused to grant the equitable relief against forfeiture to a
tenant who has forfeited his tenancy for failure to pay rent upon the discovery that the tenant has
been using the premises for immoral purposes.
RELIEFS SOUGHT
The appellant hereby seeks the following reliefs:
1. An order setting aside the decision of the lower court.
2. A declaration that there was no subsisting contract between the Appellant and the
Respondent in this case.
3. Any such other orders that the court may deem fit to grant in the circumstances of this case.
CONCLUSION
This Honourable Court is therefore urged to resolve the sole issue in favour of the Appellant,
grant the reliefs sought and allow the appeal in that: The trial judge erred in law in holding that
there was a breach of contract.
LIST OF AUTHORITIES
Gill v. Lewis (1956) 2 Q.B. 1.
Dated this…..day……… of 2019
………………………………
Comrade Wisdom APPELLANT‗S
SOLICITOR
Wisdom Solicitors.
Plot 1 Akinmolowu Way, Ikoyi,
Lagos State.
Wisdomsolicitors@gmail.com
+234812345678
FOR SERVICE ON:
…………………
Loya Aristo
RESPONDENT‗S SOLICITOR
163
Mr Loya Aristo & Co.,
No 16 Abacha Street, Ikeja,
Lagos State.
loyaaristo@yahoo.com
+234189076543
Question 4
Assuming the parties in the case had entered into an agreement and filed terms of
settlement which was entered as the judgment of the trial court on the 30th June, 2021 but
you were briefed on the 13th July, 2021 by the defendant to appeal against the judgment.
Draft the necessary process(es) for the proper commencement of the appeal.
To commence an appeal against a consent judgment, leave to appeal must be sought first
(Section 241 (2) (c) CFRN). The application shall be via a motion on notice supported by an
affidavit and a written address at the trial court (High Court). If leave is not granted, an
application can then be made to the Court of Appeal via a Notice of Motion. After leave has been
obtained, a Notice of Appeal will be filed which is the commencement of an Appeal
Motion on notice
HOLDEN AT LAGOS
SUIT NO:…………..
BETWEEN
CHIEF JOSEPH LAMBE…………………………………………. APPLICANT
AND
ROYAL ESTATES LIMITED………………………………. RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER RULE OF THE LAGOS STATE HIGH COURT (CIVIL
PROCEDURE) RULES 2019 AND UNDER THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the ___day of _______2022 at the
hour of 9 o‘clock in the forenoon or so soon thereafter as Counsel to the Applicant may be heard
praying the Court for the following:
1. AN ORDER granting leave to appeal the Judgment of this Court delivered by Hon.
Justice on the 30th day of June, 2021
2. AND FOR SUCH FURTHER ORDER(S) that this Honourable Court may deem fit to
make in the circumstances of this case.
Dated this………. day of ………. 2021
______________
B.MALIU ESQ.
GROUP 7 LLP
APPLICANT‘S COUNSEL
15, Ikoyi, Lagos
group7@gmail.com
07069523641
164
FOR SERVICE ON:
V.O UMEH ESQ.
Respondent‘s Counsel
6, Pivet Drive, Lagos
Affidavit in support of motion

HOLDEN AT LAGOS
BETWEEN
CHIEF JOSEPH LAMBE…………………………………………………. APPLICANT
AND

I, Chief Joseph Lambe, Male, Businessman, Christian, Nigerian Citizen of No 10, Lambe Close,
Ikoyi, Lagos do hereby depose to an oath and state as follows:
1. That I am the deponent herein
2. That I am the Applicant in this case by virtue of which I am conversant with the facts of this
case
3. That a consent judgment was entered in respect of this suit on the 30th day of June, 2021. A
certified copy of the judgment is hereby attached and marked ―Exhibit A‖
4. That the terms of settlement entered as judgment did not convey the true intention of the
parties
5. That the Respondent misrepresented principal facts while the terms of settlement were being
agreed upon
6. That the court was misled into giving judgment under a mistaken belief
7. That I have suffered grave injustice as a result of this misrepresentation
8. That I hereby attach my proposed Notice and Grounds of Appeal
9. That the grounds of appeal are prima facie arguable and novel
10. That it will be in the interest of justice to grant this application
11. That I swear to this affidavit in good faith believing same to be true and in accordance with
the Oaths Act
_______________
DEPONENT
This ____day of __________2021
BEFORE ME
_______________________
165
Written address
HOLDEN AT LAGOS
BETWEEN
CHIEF JOSEPH LAMBE………………………………………. APPLICANT
AND

INTRODUCTION
This Written Address is delivered in support of the Applicant‘s Motion Ex-parte. The
Application is brought pursuant to Order Rule of the Lagos State High Court (Civil Procedure)
Rules, 2019 and under the inherent jurisdiction of this Honourable Court for the following
orders:
1) AN ORDER granting leave to appeal the Judgment of this Court delivered on the 30th
day of June, 2021
2) AND FOR SUCH FURTHER ORDER(S) that this Honourable Court may deem fit to
make in the circumstances of this case
The Application is supported by a paragraph affidavit sworn to by the Applicant. We rely on all
the paragraphs of the affidavit
BRIEF STATEMENT OF FACTS
The Respondent instituted a suit against the Applicant in this Honourable Court. Both parties
however entered into an agreement and filed terms of settlement which was entered as judgment
of this Honourable Court on the 30th of June, 2021.
The Applicant subsequently discovered after judgment has been entered that the Respondent
made some misrepresentation while terms of settlement were being agreed upon. This has
brought grave injustice and hardship on the Applicant.
Thus, the Applicant has filed this application to seek the leave of court to appeal the judgment of
the Court delivered on the 30th of June, 2021.
Whether the applicant is entitled to be granted leave to appeal
LEGAL ARGUMENT
My Lord, in arguing the sole issue for determination, we respond in the affirmative that the
Applicant is entitled to be granted leave to appeal. As held in the case of ABDULKARIM v
INCAR (NIG.) LTD (1992) 7 NWLR (Pt. 251) at 20; leave of Court must be sought and
obtained before a consent judgment can be appealed against. Also, S 241 (2) (c) CFRN stipulates
that leave of court must be sought before a consent judgment is appealed against.
My Lord, in seeking leave to appeal, the Applicant has also attached a proposed Notice of
Appeal and Grounds of Appeal together with this Application. These grounds of appeal are
prima facie arguable and it will be in the interest of justice to grant the Applicant leave to appeal
the Judgment.
CONCLUSION
We humbly urge Your Lordship to grant this Application as prayed
166
LIST OF AUTHORITIES
ABDULKARIM v INCAR (NIG.) LTD (1992) 7 NWLR (Pt. 251) at 20
S 241 (2) (c) CFRN
Dated this………… day of……….. 2021

______________
B. M ALIU ESQ.
GROUP 7 LLP
15, Ikoyi, Lagos
group7@gmail.com
07069523641
FOR SERVICE ON:
V.O UMEH ESQ.
Notice of Appeal
HOLDEN AT LAGOS
SUIT NO:………….
APPEAL NO:…………….
BETWEEN
CHIEF JOSEPH LAMBE……………………………………. APPELLANT
AND
ROYAL ESTATES LIMITED……………………………. RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Appellant being dissatisfied with the decision of the lower court
delivered by His Lordship Hon. Justice Kyahuwa Bwari of the Lagos State High Court on the
30th of June, 2021, more particularly stated in paragraph 2 of the Notice of Appeal do appeal to
the Court of Appeal upon the grounds set out in the paragraph 3 and will at the hearing of the
appeal, seek the reliefs sought in paragraph 4
The Appellant further states that the names and addresses of the parties directly affected by the
appeal are those set out in paragraph 5
2. DECISION APPEALED AGAINST
The whole decision of the Court, attached is a certified copy of the judgment
Ground 1
The Trial Judge was wrong to enter the terms of settlement as consent Judgment on the 30th of
June, 2021 as the Judgment was obtained based on misrepresentation of principal facts.
Particulars
During the process of negotiating the terms of settlement, the Respondent misrepresented
principal facts to the Appellant which led to the Appellant accepting the terms of settlement.
Subsequently, the Appellant discovered that the facts represented by the Respondent are false
and untrue. As a result, the Judgment does not reflect the true intentions of the parties.
4. RELIEFS SOUGHT
The Appellant hereby seeks the following reliefs:
167
i. An order allowing the appeal
ii. An order setting aside the decision of the lower court
iii. A declaration that the act of the Respondent amounts to libel
5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL ARE:
a. CHIEF JOSEPH LAMBE
No 10, Lambe Close, Ikoyi, Lagos
b. ROYAL ESTATES LIMITED
No 50, Ikoyi, Lagos
Dated this………… day of……….. 2021

______________
B. M ALIU ESQ.
GROUP 7 LLP
15, Ikoyi, Lagos
group7@gmail.com
07069523641
FOR SERVICE ON:
V.O UMEH ESQ.
Draft your brief of argument in respect of the substantive appeal.

HOLDEN AT LAGOS
BETWEEN
CHIEF JOSEPH LAMBE…………………………………………. APPELLANT
AND

INTRODUCTION
This is an appeal against the Judgment of the High Court of Lagos State delivered on the 30th of
June, 2021 by Hon. Justice Kyahuwa Bwari.
The Notice of Appeal was filed on the 15th day of July, 2021
This action was commenced by writ of summons and duly filed along with it were the statement
of claim, written statements on oath of witnesses and certificate of pre-action protocol form 01 as
required by the Rules of Court. The Defendant was duly served the processes on 2nd day of
October, 2o20
168
The Defendant entered unconditional appearance and filed its statement of defence and written
statements on oath of witnesses. They were all served on the Claimant on the 10th day of
October, 2020
BRIEF FACTS RELEVANT TO THE APPEAL
The case did not go into trial as the Court advised parties to explore possible ways of settlement.
The parties filed terms of settlement before the court and it was entered as a judgment in this
suit.
Whether this honourable court can set aside a consent judgment obtained by misrepresentation of
facts.
LEGAL ARGUMENT
My Lords, we hold in the affirmative as regards this issue. As espoused in the case of
LAUTECH v ABIODUN (2021) LPELR – 53349 (CA), the Court of Appeal held that a consent
judgment although a product of a compromise agreement which is binding on them is not
sacrosanct and it can be impugned where the circumstances do so exist.
Also, in AFEGBAI v A.G EDO STATE (2001) LPELR (193) 1 at 21-22, Ayoola JSC held that
―A consent judgment will be set aside on any ground which may invalidate the agreement on
which it is founded would be rescinded‖. This means that in an instance where the consent
judgment was obtained by misrepresentation of principal facts, such can be set aside.
In this instant case, the Respondent made some principal misrepresentations during the
negotiations for terms of settlement.
As a result of these misrepresentations, the Appellant decided to agree to the terms of settlement.
Subsequently, the Appellant discovered the representations made by the Respondent to be untrue
and false. Thus, it is trite that the consent judgment be set aside.
RELIEFS SOUGHT
The Appellant hereby seeks the following reliefs:
1. An order allowing the appeal
2. An order setting aside the decision of the lower court
3. A order that the suit be assigned to another Judge of the High Court for re-trial
4. Any such other orders that the court may deem fit to grant in the circumstances of this case.
SUMMARY AND CONCLUSION
This Honourable Court is therefore urged to resolve the sole issue in favour of the Appellant,
grant the reliefs sought and allow the appeal.
LIST OF AUTHORITIES
169
LAUTECH v ABIODUN (2021) LPELR – 53349 (CA)
AFEGBAI v A.G EDO STATE (2001) LPELR (193) 1 at 21-22
Dated this………. day of……. 2021

______________
B.M ALIU ESQ.
GROUP 7 LLP
APPELLANT‘S COUNSEL
15, Ikoyi, Lagos
group7@gmail.com
07069523641
ON NOTICE TO:
V.O UMEH ESQ.
Question 5
Assuming the consent judgment in 4 above was entered on the 31st March, 2021 and you
were briefed to appeal against the judgment on 13th July, 2021:-
Draft the necessary process(es) for the proper commencement of the appeal.
Trinity prayers
HOLDEN AT LAGOS
BETWEEN
CHIEF JOSEPH LAMBE………………………………. APPELLANT/APPLICANT
AND
ROYAL ESTATES LIMITED…………………………………. RESPONDENT
NOTICE OF MOTION
BROUGHT PURSUANT TO ORDER 6, RULE 9 OF THE COURT OF APPEAL RULES,
2021 AND UNDER THE INHERENT JURISDICTION OF THE COURT
170
TAKE NOTICE this Honourable Court will be moved on the ______ day of_______ 2022 at the
hour of 9 0‘Clock in the forenoon or so soon thereafter, as Counsel to the Appellant/Applicant
shall be praying the Court for the following RELIEFS:
1. AN ORDER OF EXTENSION OF TIME within which to seek leave to appeal
2. AN ORDER granting leave to appeal
3. AN ORDER OF EXTENSION OF TIME within which to file notice of appeal against the
consent judgment in suit no hc/23/2022 entered on the 31st day of march 2021 by
Honourable Justice --------
4. AND FOR SUCH FURTHER ORDER OR ORDERS that this Honourable Court may
deem fit to grant in the circumstances.
………………………….
B.E GLORY ESQ.
GROUP 9&CO
3 VINCENT ROAD, IKOYI
group9&co@gmail.com
08112348974
FOR SERVICE ON :
THE RESPONDENT
CHIEF JOSEPH LAMBE
7, LAMBE CLOSE IKOYI LAGOS
Supporting affidavit
HOLDEN AT LAGOS
BETWEEN
CHIEF JOSEPH LAMBE………………………………. APPELLANT/APPLICANT
AND
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I, CLEMENT IGHO, Male, Adult,Christian, Nigerian Citizen of 7, Iyanu Street, Ilupeju, Lagos,
do hereby make oath and state as follows:
171
1. I am the managing director of the appealant/ applicant in this case and by virtue of my
position, I am conversant with the facts of this case and the circumstances leading to this
application
2. I have the authority and consent of the appellant/ applicant to depose to the facts herein.
3. I know as a fact that a consent judgment was given in Suit No: HC/23/2022 which judgment
was delivered by Hon. Justice XXX of the Lagos High Court on 31st March 2021.
4. That I and my lawyer were involved in a ghastly accident on the 31st of March 2021 on our
way back from court
5. That as a result of the accident we were admitted in hospital for over 3 months. The medical
report is hereby attached as an exhibit
6. That I just got discharged from the hospital while my lawyer is still in the hospital
7. That afterwards I engaged a new lawyer who informed me that the time limit for the appeal
has elapsed.
8. That the terms of settlement entered as judgment did not convey the true intention of the
parties
9. That the Respondent misrepresented principal facts while the terms of settlement were being
agreed upon
10. That the court was misled into giving judgment under a mistaken belief
11. That I hereby attach the proposed Notice and Grounds of Appeal as exhibit
12. That it will be in the interest of justice to grant this application
13. I make this oath in good faith conscientiously believing same to be true and correct and in
accordance with the Oaths Act,
…………………….
DEPONENT
SWORN TO AT THE COURT OF APPEAL REGISTRY, LAGOS

THIS……….. DAY OF…………. 2022
BEFORE ME
……………………………..
COMMISIONER FOR OATHS
+Written Adress
+Notice of Appeal (we should have drafted a written address and Proposed Notice of appeal)
Draft your brief of argument in respect of the substantive appeal.

HOLDEN AT LAGOS
172
BETWEEN
CHIEF JOSEPH LAMBE……………………………. APPELLANT/APPLICANT
AND
ROYAL ESTATES LIMITED…………………………. RESPONDENT

INTRODUCTION
This is an appeal to set aside a Consent judgment of the High Court of Lagos Judicial Division in
Lagos State delivered by the Honorable Justice XXX on the 31st day of March 2020. The case is
about the purchase of a parcel of land covered by a certificate of occupancy no. FCO/111/2001
for the sum of₦250, 000.000.00 (two hundred and fifty million naira)
BRIEF SUMMARY OF FACTS
The claimant entered into a contract of sale agreement with the defendant in respect of a plot
situated at Lambe Close, Ikoyi, Lagos State with Federal Certificate Of Occupancy No
FCO/11/2010, with the purchase price agreed in the sum of N250,000,000.
The claimant made part payment in the sum of N25,000,000 (twenty-five million naira) and was
required by the terms of the Contract of Sale Agreement to furnish the defendant the balance of
the purchase price in the sum of N225,000,000 ( two hundred and twenty-five million naira) on
or before the 1st day of November 2018.
The Claimant took possession of the subject plot and commenced construction therein. However
the balance of the purchase price was not made available until the 8th of January 2019, due to
some circumstances beyond the control of the Claimant as will be pointed out in the argument
and the defendant rejected same, premised on the ground that he purportedly terminated the
contract of sale vide a letter dated 7th January, 2019. The claimant commenced and had almost
completed construction of a 10storey residential apartment on the land in dispute expending the
sum of N75, 000,000 (seventy Million naira).
Whether or not the Court of Appeal has power to set aside the Consent judgement given by the
trial court.
LEGAL ARGUMENTS
It follows that a consent judgment, is also an agreed judgment, is a judgment based on the
agreement of parties to an action and given a stamp of legality and efficacy by the court. In
practice, the parties negotiate settlement out of the bowels of the court, reduce their terms of
agreement into writing, sign and file the same in court and request the court to make a judgment
for the parties. Hence, consent or agreed judgment is predicated on the consensus ad idem of
parties. It is binding on the parties much the same way as a judgment obtained after a full-scale
trial of an action. It is only appealable with the leave of the court that handed it down to the
parties pursuant to section 241(2)(c) of the Constitution, as amended. The Supreme Court, in
the case OF Race Auto Supply Company Ltd. & Ors. vS. Alhaja Faosat Akib (2006) 13 NWLR
Part 997 page 333, per Ogbuagu, JSC, undoubtedly straightened expressed that a CONSENT
173
judgment may be set aside either by the Court that gave/made it or a Court of competent
jurisdiction on the ground for which a contractual agreement could be voided or rescinded.
CONCLUSION
We pray this honourable court to set aside the consent Judgment given by the trial court on
grounds of fraud and Misrepresentation.
LIST OF AUTHORITIES
Race Auto Supply Company Ltd. & Ors. v S. Alhaja Faosat Akib (2006) 13 NWLR Part 997
Woluchem v. Wokoma (1974) 3 SC 153
1999 Constitution of the Federal Republic of Nigeria as amended
………………………….
B.E GLORY ESQ.
GROUP 9&CO
3 VINCENT ROAD, IKOYI
group9&co@gmail.com
08112348974
FOR SERVICE ON :
THE RESPONDENT
CHIEF JOSEPH LAMBE
7, LAMBE CLOSE IKOYI LAGOS
Question 6
As the Appellant, draft the process you will file to discontinue the appeal.
HOLDEN AT LAGOS
BETWEEN
CHIEF JOSEPH LAMBE……………………………………………. APPELLANT
174
AND
NOTICE OF WITHDRAWAL OF APPEAL

TAKE NOTICE that at the hearing of the above appeal, the Appellant intends to discontinue this
appeal and may be heard praying this Honourable Court for an order withdrawing the appeal.
AND TAKE NOTICE that the grounds on which the Appellant intends to rely are as follows:
1. The appeal is immature
2. The appeal intends to regularize its processes before the court and file within the statutory
period within the appropriate order of the court.

______________
B.M ALIU ESQ.
GROUP 7 LLP
15, Ikoyi, Lagos
group7@gmail.com
07069523641
ON NOTICE TO:
V.O UMEH ESQ.
Question 7
As the Respondent, draft the process you will file to challenge the competence of the
Appeal.
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED…………………. APPELLANT/RESPONDENT
175
AND
CHIEF JOSEPH LAMBE……. ……….…………..RESPONDENT/APPLICANT
NOTICE OF PRELIMINARY OBJECTION
BROUGHT PURSUANT TO ORDER RULE OF THE COURT OF APPEAL RULES, 2021
AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
TAKE NOTICE that at the hearing of the above Appeal, the Respondent/Applicant intends by
way of preliminary injunction to challenge the competence of the Appeal and may be heard
praying this Honourable Court for an order dismissing or striking out the Appeal.
AND TAKE FURTHER NOTICE that the grounds on which the Respondent intends to rely on
are as follows:
i. The Appeal is incompetent as the Appellant has failed to seek the leave of Court before
commencing the Appeal
ii. This Honourable Court lacks jurisdiction to hear the suit.
Dated this...... day of......... , 2021
______________
V.O UMEH ESQ.
UMEH & CO.
RESPONDENT‘S/APPLICANT‘S COUNSEL
Umeh&co@gmail.com
08127865869
ON NOTICE TO:
..........................
B.MALIUESQ.
GROUP 7 LLP
APPELLANT‘S/RESPONDENT‘S COUNSEL
15, Ikoyi, Lagos
group7@gmail.com
07069523641
176
Affidavit
HOLDEN AT LAGOS
SUIT NO................
APPEAL NO:.................
BETWEEN
ROYAL ESTATES LIMITED……………………. APPELLANT/RESPONDENT
AND
CHIEF JOSEPH LAMBE……….…………..RESPONDENT/APPLICANT
AFFIDAVIT IN SUPPORT OF PRELIMINARY OBJECTION

I, Jennifer Matthews, Female, Director, Nigerian Citizen of No 12, Ilupeju, Lagos do hereby
swear to an oath and state as follows:
1. That I am a Director with the Respondent/Applicant in this case and by virtue of which I
am conversant with the facts of this case
2. That I have the consent and authority of the Respondent/Applicant to depose to this
affidavit
3. That I believe that this Appeal is incompetent as leave of Court was not sought before the
Appeal was commenced
4. That I swear to this affidavit believing same to be true and in accordance with the Oaths
Act
_______________
DEPONENT
This ____day of __________2021
BEFORE ME
_________________
177
Question 8
List all the ethical issues that are likely to arise in the course of an appeal to the Court of
Appeal from the High Court.
a. Rule 1 of RPC: A lawyer has a general responsibility to maintain a high standard of

professional conduct while handling the client appellate matters
b. A lawyer should not sign Appeal processes when he is in default of his Annual Practicing
Fees – Rule 9 RPC
c. A lawyer shall devote his attention, energy and expertise with a view to rendering
qualitative appellate services to his clients – Rule 14 RPC
d. A lawyer shall not act negligently when he handling the case of his client – Rule 16 RPC
e. A lawyer shall not violate any established rule of procedure or of evidence – Rule 15
RPC
f. A lawyer shall not do any act or conduct himself in any manner that may obstruct, delay
or adversely affect the administration of justice – Rule 1 & 30 RPC
g. A lawyer has a duty to observe the rules of court -
h. A lawyer has a duty not to file frivolous appeal
i. A lawyer must bring to the notice of the court important matters which the court is not
aware of – Rule 32 RPC
CASE STUDY 2
Hearing in the libel suit between Dr. Yunusa Yohanna v. Nigerian Galaxy Newspaper
Limited was concluded on January 12, 2019. Counsel to the parties addressed the court on
March 10, 2019 and the matter was adjourned to May 10, 2019 for judgment. On July 10,
2019, Honourable Justice Kyahuwa Bwari, of the FCT High Court sitting in Maitama
delivered an oral judgment in his chambers as follows; ―By a writ of summons dated June,
12, 2018, the Claimant claimed against the defendant the sum of N50 million for libel
contained at page 7 of the Nigerian Galaxy Newspaper of May 10, 2018. Pleadings were
filed and exchanged and witnesses testified on both sides. The newspaper in question was
tendered in evidence as Exhibit A1. This case as far as I am concerned, is a simple and
straight- forward case of slander where the newspaper referred to the Plaintiff, among other
lecturers in the Faculty of Medicine, as fake consultant virologists’ . Slander is not
actionable per se and the plaintiff did not prove, before this court, any damages he has
suffered. Although the defendant admitted that the words used were in their ordinary
meaning, defamatory, that the words referred to the plaintiff and that it was published in the
Nigerian Galaxy Newspaper which circulated among the students of the Claimant at the
University of Abuja, I hold that the Claimant has failed to prove defamation as he clearly
failed to prove any damage. Although the defendant did not lead evidence, I hold that the
case of the plaintiff fails because the preponderance of evidence is in favour of the
178
defendant using the imaginary scale. The action is accordingly dismissed.‖ You have been
briefed by Dr. Yunusa Yohanna who has expressed his dissatisfaction with the judgment.
Now, answer the following questions:
1. What process will you file on his behalf, and where?
I will file a Notice of appeal, which should be filed at the F.C.T High Court Registry.
2. Draft the process in 1 above with three (3) grounds of appeal (without particulars) from
the above judgment.
NOTICE OF APPEAL
HOLDEN AT ABUJA
SUIT NO:…..…….
APPEAL NO………
BETWEEN
DR. YUNUSA YOHANNA ………………………. ……. APPELLANT
AND
NIGERIAN GALAXY NEWSPAPER LIMITED………………….. RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Claimant/Appellant being dissatisfied with the decision of the High
Court of the F.C.T, Abuja, contained in the judgement of Hon. Justice Kyahuwa Bwari dated
10th July, 2019 doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph
3.
2. PART OF THE DECISION COMPLAINED OF:
The whole decision
GROUNDS OF APPEAL
Ground One
The trial court erred in law when he delivered an oral judgement.
Ground Two
The learned trial judge misdirected himself in law when he gave judgment stating slander as the
cause of action instead of the libel action that was originally instituted
Ground Three
179
That the learned trial judge erred in law when he gave judgment more than the statutorily
provided 90 days after conclusion of evidence and final address.
RELIEFS SOUGHT
The Appellant hereby seeks for the following reliefs:
i. An order allowing the appeal
ii. An order setting aside the decision of the lower court
5. PERSONS DIRECTLY AFFECTED BY THE APPEAL:
1. Dr. Yunusa Yohanna
No. 1, You go Know Street, Utako, Abuja
ii. Nigerian Galaxy Newspaper Limite
Plot 9, Wakanda Forever Close, Maitama, Abuja.
Dated this………Day of………….2022
______________
Fay Stark
Freedom Chambers
Appellant‗s Counsel
I dey where I dey avenue
Jabi, Abuja.
favsss@gmail.com
08115151515
FOR SERVICE ON:
The Respondent
Plot 9, Wakanda Forever Close,
Maitama, Abuja
3. What is the time frame provided under the law for you to file the process in 1 above?
The notice of appeal in this matter should be filed within 3 months of the delivery of the
decision. This is because the decision is a final decision of the F.C.T High Court. Section 24
of the Court of Appeal Act.
4. After the filing of the originating in t process he appeal, highlight the procedure for
compilation and transmission of records of appeal especially the time frame for doing
so.
180
For Compilation:
i. The Registrar shall, within 60 days of filing of notice of appeal, compile, serve the parties
and transmit the record of appeal to the Court of Appeal. Order 8, Rule 1 CAR 2021.
ii. After filing of the notice of appeal at the registry of the High Court, the Registrar of the
High Court shall within 14 days, summon all the parties for settlement of the documents to
be included in the record of appeal and fixing the fees payable by the Appellant to cover the
estimated cost of preparing and forwarding of the record to the Court of Appeal; Order 8,
Rule 2 CAR 2021.
iii. Where the Registrar fails to compile and transmit the record of appeal within 60 days, the
appellant shall do this within 30 days after the expiration of the 60 days reserved for the
registrar to do same. Order 8, Rule 4 CAR 2021.
For Transmission:
Order 8, Rule 10 CAR 2021 provides as follows: Where the Record of Appeal is compiled by
the Registrar of the lower court under Rule 1 of this Order, he shall transmit the Record
within the time stipulated for compilation and transmission under Rule 1. The Record of
Appeal shall be transmitted together with:
 A certificate of service or non-service of the Notice of Appeal and the Record of Appeal;
and
 A physical or electronic case file of the case in the lower court containing all the papers
or documents filed by the parties in connection therewith, to the Registrar of the Court.
5. What is consequence of failure to comply with the procedure in 4 above?
Upon the failure of the Registrar to compile and transmit the record within 60 days, the
Appellant could do that within 30 days. Where both fail to do within the prescribed days, the
Respondent may by notice of motion apply to the Court of Appeal to strike out the appeal.
Such appeal can be applied to be relisted within 7 days of striking out when good cause is
shown. Order 8 Rule 8, CAR, 2021
6. Highlight the procedure and time frame for exchange of briefs by parties and the
consequence of failure to comply with the procedure.
The procedure and time frame are as follows:
i. The appellant shall within 45 days of the receipt of the record of appeal file his brief of
argument at the Court of appeal and serve the Respondent;
ii. The Respondent shall, within 30 days of the receipt of the Appellant‘s brief of argument
file and serve his respondent‘s brief
iii. The Appellant shall, within 14 days of the receipt of the Respondent‘s brief file his Reply
Brief, where he so wishes.
Order 19 Rule 2,4 & 5 CAR, 2021
The consequence of failure to comply with the procedure are as follows:
181
 Where the Appellant fails to file his brief as provided under the law, the Respondent may
apply to dismiss the appeal for want of diligent prosecution.
 Where it is the Respondent that fails to file his brief, that Respondent shall not be heard
in oral argument at the hearing of the appeal.
 Where it is failure to file reply brief, it shall be deemed that all the new points raised by
Respondent has been conceded to by Appellant. Order 19 Rule 10 CAR, 2021.
7. Assuming as counsel to the respondent you intend to raise a preliminary objection at

the hearing highlight the steps for doing so.
The steps to be taken in raising preliminary objection are as follows:
1. The Respondent shall file a formal notice of preliminary objection as in Civil Form 11 not
later than 3 clear days before the hearing date;
2. The objection shall be taken first before hearing of the appeal
Order 10 Rule 1, CAR, 2021
8. Can additional record be filed after transmission of records of appeal in a case? If yes,
when?
Yes. A party can compile and transmit to the court additional records within 15 days of
service on him of the record of appeal. Order 8 Rule 6(2). Dick v Our and Oil C0. Ltd
9. Assuming, after the decision in the above case at the lower Court and while the Appeal
was slated for hearing, Dr. Musa Okeleye who just returned to Nigeria from Uganda
after spending more than one year as a member of ‘ Doctors Without Borders’ , also
realized that he has an interest in the case, being one of the Doctors, whose names were
mentioned in the publication of the Defendant/Respondent, Exhibit A1, can he be part
of the appeal? If no, why? If yes, why and how?
Yes, Dr Musa Okeleye can be part of the appeal. This is because he will be substantially
affected by the outcome of the appeal. This makes him an interested party in the suit.
He can be part of the appeal by appealing as an interested party pursuant to Section 243 of
the Constitution of the Federal republic of Nigeria, 1999. Dr. Musa can apply for leave to
appeal as an interested party.
182
WEEK 17
RECOVERY OF PREMISES
CASE STUDY 1
Chief Olowo is the landlord of Koko Lodge, No 1, Olowo Street, Off Admiralty Way, Lekki, Lagos State,
consisting of 6 flats of 4 bedrooms each. Mr. Dauda Kareem is a tenant in respect of one of the flats. The
agreement between the parties is that the tenancy shall be a yearly tenancy commencing on 1st January every year
at a rent of N4,000, 000 per annum. After paying rent for the first 2 years in 2017 and 2018, Mr. Kareem has
refused to pay further rents in respect of the property but remains in possession till date. Mr Dauda Kareem
throws noisy parties in the house every week to the annoyance of neighbours. Chief Olowo is fed up and intends
to recover possession of the premises from Mr. Kareem.
Question 1
State the condition precedent that Chief Olowo must fulfill before he can validly instruct his counsel to
recover possession of the premises from the tenant.
Answer
The condition precedent that Chief Olowo must fulfill before he can validly instruct his counsel to recover
possession of the premises from the tenant is that Chief Olowo would be required give his counsel a written
letter of authority authorising the counsel to recover possession of the premises from the tenant. See Coker v
Adetayo. Where there is failure to give his counsel a written letter of authority, the agent cannot sign the statutory
notices provided in Section 7 of the Recovery of Premises Act
Question 2
Letter of authority to recover premises
No 1, Olowo Street,
Off Admiralty Way,
Lekki, Lagos State.
BUKUNMI ALIU,
GROUP 7 LLP,
No 119, Pivet Drive,
Victoria Island, Lagos.
Dear Sir,
LETTER OF AUTHORITY TO RECOVER PREMISES
I, CHIEF OLOWO, owner of 4 bedroom flat situate at No 1, Olowo Street, off Admiralty Way, Lekki, Lagos
State, do hereby give instructions to you as my solicitor to take all necessary steps to recover possession of the
said premises and arrears of rent on the said premises currently in occupation by one Mr Dauda Kareem who is
occupying the said premises as a yearly tenant with whom I wish to terminate the tenancy in existence. Please
find a copy of the tenancy agreement attached to this letter
Thank you for your co-operation.
Yours faithfully,
____________
CHIEF OLOWO
183
ENCL: Tenancy Agreement
Question 3
Steps to be taken by Counsel to Chief Olowo are:
1. Obtain statutory notice from the landlord
2. Issue a statutory 6 month notice to quit (termination of tenancy) to Dauda Kareem (since he is a yearly
tenant).
3. If Kareem still retains possession after the expiration of statutory notice to quit, Counsel will issue him with
7days notice of owners intention to recover possession of premises. Section 16 TLL.
4. If after the expiration of the 7days notice of owners intention to recover premises, and Kareem still retains
possession, counsel will file an action against him in the appropriate court. Form TL 4
5. Service of Notice – personal or substituted
6. Court Action at the MC using a
Question 4
In what court will the action be commenced? Give reasons for your answer
Answer
The court that has jurisdiction to commence this action is the Magistrate Court of Lagos State, in
the Lekki Magisterial District. The reason for the answer is that the annual rent payable is N4,000,000 which is
within the monetary jurisdiction of the Magistrate Court Lagos State. Although the HC may still exercise
jurisdiction, the process would be more expeditious at the MC, it is appropriate to institute the action the MC. See
Section 28 (1) (b) of the Magistrate Court Law of Lagos State 2009.
Question 5
Draft the first statutory notice that will be used to terminate the tenancy of Mr. Kareem
Answer
GREATFIELD CHAMBERS
(LEGAL PRACTITIONERS & SOLICITORS)
PLOT 456 TOYIN STREET, IKEJA LAGOS STATE
PHONE NO: 08117278656, 09066774455
Our Ref: ………………… Your
Ref:………………
To:
Mr. Dauda Kareem
No. 1, Olowo Street, Off Admiralty Way,
Lekki,
Lagos.
Dear Sir,
184
NOTICE TO QUIT
I, Abdulraouf Teslim, a Legal Practitioner of your landlord hereby and on his behalf give you notice to quit and
deliver up possession of the four bedroom flat with the premises and its appurtenances situate at Koko
Lodge, Flat 6 No. 1 Olowo Street, Off Admiralty Way, Lekki, Lagos which you hold of him as yearly tenant on
or before 31st July 2021.
Dated this 1st day of July 2021.
……………………….
Abdulraouf Teslim (Esq.)
Legal Practitioner for the Landlord.
Question 6
Assuming after the expiration of the first statutory notice in (5) above, Mr Kareem refuses to give up possession
draft the next statutory notice that will be issued to Mr Kareem in case study 1 above.
Answer
GREATFIELD CHAMBERS
(LEGAL PRACTITIONERS)
PLOT 456 TOYIN STREET, IKEJA LAGOS STATE
PHONE NO: 08117278656, 09066774455
Our Ref: ………………… Your Ref:……………… Date: 13th March 2022
To:
Mr. Dauda Kareem
No. 1, Olowo Street, Off Admiralty Way,
Lekki,
Lagos.
Sir,
NOTICE OF OWNER’S INTENTION TO APPLY TO RECOVER POSSESSION
I, Comrade Wisdom, Solicitors to Chief Olowo of Koko Lodge, No. 1 Olowo Street, Off Admiralty Way, Lekki,
Lagos State (the Owner) and on his behalf give you Notice that unless peaceable possession of the apartment
occupied by you at the above-mentioned address be given to the said owner on or before the expiration of SEVEN
(7) DAYS after the service of this Notice on you, we shall apply to the appropriate court within the District
of Lekki-Lagosto issue a Warrant directing the appropriate person to enter and take possession of the said
apartment and eject any persons therefrom.
This is sequel to the Notice to Quit dated 1st day ofJuly, 2021.
TAKE NOTICE that all arrears of rent (if any) and outstanding electricity bills (if any ) be paid and the keys to
the said apartment be delivered to the said owner, his agent or this Chambers on or before the expiration of the
said SEVEN (7) DAYS. You are therefore enjoined to comply strictly with the above in your own interest.
185
Dated this 13th day of March 2022.
Yours faithfully,
……………………..
Abdulraouf Teslim (Esq.)
For: GreatField Chambers
Question 7
State the court processes that will be filed in court to validly commenced an action for recovery of the premises
from the tenant
Answer
A Claim as in Form TL 6B with particulars of claim
The Magistrate will issue a summons in return
Question 8
Draft all the court processes that will be required to validly commence an action for recovery of the premises
from the tenant in Case Study 1 before the appropriate court.
Answer
You are to draft a claim and particulars of claim. These are two separate documents.
IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE LAGOS MAGISTERIAL DISTRICT
HOLDEN AT LAGOS
CLAIM NO:...........................
BETWEEN
CHIEF OLOWO................................................................................. CLAIMANT
AND
MR. DAUDA KAREEM......................................................................DEFENDANT
CLAIM
1. The Claimant is entitled to possession of the 4 bedroom flat with appurtenances situate at No 1, Olowo Street,
Off Admiralty Way, Lekki, Lagos State, which the Claimant let to the Defendant as a yearly tenant at the
rental value of N4, 000, 000.00 (Four million naira only) per annum in respect of which tenancy was
determined by Notice to Quit given by the Claimant.
2. The Claimant did served on the Defendant a Notice in writing of his intention to apply to recover possession
of the said 4 bedroom flat with appurtenances situate at No 1, Olowo Street, Off Admiralty Way, Lekki,
Lagos State.
3. The defendant has refused to deliver up possession after notices have been served on him
186
4. The notice was personally served on the Defendant and inspire of the notice, the Defendant has refused to
deliver up possession of the said premises and still retains the same.
The Claimant claims against the Defendant as follows:

1. AN ORDER of this court for the recovery of possession of the said premises comprising of 4 bedroom flat
situate at No 1, Olowo Street, Off Admiralty Way, Lekki, Lagos State.
2. AN ORDER of this Court for the payment of arrears of rent from 2019 till date which is 12, 000,000.00
(Twelve Million Naira Only).
3. AN ORDER of this court for the payment of mesne profit at the rate of N50, 000 per month form the month
of January 2019 till judgment.
4. AN ORDER for payment of general damages to the tune of N200, 000.00 (Two hundred thousand naira only)
5. Grounds of possession
(a) Arrears of rent
(b) Nuisance
DATED THIS 2ND DAY OF AUGUST, 2022.

____________________
Ayomide Akintayo
Counsel for the Claimant
Akintayo and Co. Legal Practitioners
Plot 313, Island Avenue, Lagos State.
akintayoayomide24@gmail.com.
08160174599
FOR SERVICE ON:
Mr. Dauda Kareem
The Defendant
No 1, Olowo Street, Off Admiralty Way, Lekki, Lagos State.
Question 9
Assuming after the expiration of the statutory notices Mr Dauda Kareem refuses to give up possession of the
premises and Chief Olowo has informed you as Counsel that he intends to instruct his body guards Okoro and
Chisom to remove the roof in Mr Kareem‘s flat and also cut off his electricity supply. Advise him on the
propriety of his intended action.
Answer
Such intended acts by Chief Olowo will be improper and unlawful. This is because where a landlord takes over
his property forcefully or unlawfully from a tenant without an order of court, he will be deemed to have resorted
to self-help and renders himself liable in trespass. See Iheanacho v Uzochukwu.
By virtue of Section 44 Tenancy Law of Lagos State, there is penalty in Lagos for any person who attempts to, or
forcibly ejects or molests a tenant or willfully damages any premises.
Such person shall be guilty of an offence and liable to a fine not exceeding N250, 000 or a maximum of 6 months
imprisonment and any other non-custodial disposition.
187
Chief Olowo should instead of taking those actions apply for warrant of possession.
Question 10
Assuming the tenancy agreement between Chief Olowo and Mr Dauda Kareem is for a term of 4 years certain
commencing on 1st January, 2017 till 31st December, 2021. If Dauda Kareem failed to give up possession of the
premises, explain the step(s) that you will take as counsel to recover possession of the premises from him.
Answer
Here, there will be no requirement for notice to quit. All he needs to do is issue a (7) Seven days of Owners
Intention to Recover Premises – Section 13(5) and 26 of Tenancy Law of Lagos See Nweke v Ibe.
CASE STUDY 2
By an agreement dated the 31st day of December, 2016, Okon Banga put John Thunder in possession of his two
bedroom premises at Block 2 Flat 10, Katagun Street, Wuse, Abuja in consideration of an agreed rent of
N1,500,000 from year to year with effect from 1st day of January 2017.
John Thunder could only pay for the first year of the tenancy and thereafter fell into arrears of rent as his business
suffered a financial setback. Sometimes in May 2020, Okon Banga orally instructed his solicitors to take legal
steps to recover possession of the premises from John Thunder for non-payment of rent. In line with this
instruction his solicitors issued a notice to quit dated the 1st the June 2020 and served the same on John Thunder
on the 30th day of July, 2020 with the 31st day of December 2020 as the expiry date of the notice to quit. John
Thunder refused to yield up possession of the premises even after the expiration of the notice to quit.
During the hearing of the action, Counsel to John Thunder raised an objection to the competence of the suit on
grounds that a further step ought to have been taken by the solicitors to Okon Banga upon the expiration of the
notice to quit before instituting the action in court. But the Court overruled the objection and proceeded with the
substantive suit. John Thunder had while filing his defence to the action counterclaimed for improvements made
on the premises with the oral consent of Okon Banga.
Whilst the matter was still pending in court, Okon Banga instructed his 2 Sons Enang and Enoch to go into John
Thunder‘s flat and cut off his light supply and water supply. They also removed a part of his roof. The next day a
very heavy rain fell and it destroyed some of John Thunder‘s properties. John Thunder quickly amended his
Defence in the matter to include a counterclaim for damages for all properties that were destroyed.
LEGAL OPINION
1. Whether the landlord was correct to have issued oral instruction.
2. Whether it was right for the landlord to give 5 month notice to quit?
By the virtue of S. 13(1) Tenancy Law Lagos, S. 8 Recovery of Premises Act, a tenant at will is entitled to a
week notice, a monthly tenant, a month‘s notice, quarterly tenant, a quarters notice, half yearly tenant, 3 month
notice and finally a yearly tenant, half a year notice. The notice served on John Thunder on the 30th day of July to
expire on the 31st day of December is short of the requirement of the law and is therefore invalid. See S.
9 Recovery of Premises Act, Nnadozie V Oluoma
2. Whether the landlord was right to institute an action in court without first serving 7 day notice of owner‘s
intention to apply to recover possession?
Upon the expiration of a valid notice to quit, if the tenant neglects or refuses to quit and deliver up possession of
the premises in any part thereof, the landlord or his agent may cause the perso so neglecting to give up
188
possession to be served with a written notice as in FORM E or FORM TL4 signed by the landlord or his agent, of
the landlords intention to proceed to recover possession on a date not less than 7 days from the date of service of
the notice. See S. 16 Tenancy Law Lagos. Having failed to do this, the action in court by OkonBanga was
invalid and the objection was wrong my overruled by the learned trial Judge.
3. Whether the tenant was right to counterclaim for the improvements made on the premises based on the
oral consent of the landlord?
Generally, a tenant whose improvements have not been exhausted before tha landlord terminates the term may
counterclaim of the unexpired value of such improvements. However, the prior written consent of the landlord in
this regard must be tendered in evidence in proof of such claim. See S. 19 Rent Control and Recovery of
Residential Premiees Law Lagos. There‘s no similar provision under the Tenancy Law Lagos but can
be Inferred from S. 39 of the Law. In the case before us, John Thunder cannot rely on the oral consent
of Okon Banga.
4. Whether the landlord was right to resort to self help?
Okon Banga erred in law by resorting to self help to evict John Thunder as this was held by the court to not be
within the purview of the provisions of the Recovery of Premises Law and that such landlord renders
himself liable to the tenant in trespass. See Iheanacho v. Uzochukwu.
2. The Ethical issues likely to arise from recovery of premises are:

1. Duty to be dedicated and devoted R.14.
2. Duty to represent Client competently R.16
3. Improper issuance of notice to quit contrary to Rule 15(2)(a) of the RPC
4. Duty not to mix client‘s money with his personal funds - R. 23(2) RPC 2007.
5. Duty to represent client within the bounds of the law -R.15 example A Lawyer back-dating a Notice to quit.
6. Duty to advise the landlord within the bounds of the law and not to resort to self-help.
7. Always adhere to the prescribed number of days for Notice.
8. Duty to make through investigation into the tenancy agreement R.25RPC
9. Duty not to cause an abuse of court process by first filling an action in court when the solicitor has not first
served the statutory notices R. 32(k)
10. Duty not to aid client in engaging in illegal acts R. 15(3)(1)
11. Duty to disclose a conflict of interest R.17 e.g. where the solicitor is related to or friends with the tenant who
is sought to be evicted.
12. Duty to refer client to ADR R.15(3)(d).
13. Actions for the recovery of possession of premises are to be instituted within the bounds of the Law.
ii. Intimidation of Tenants by landlord and sometimes by the landlord's lawyer
iii. Resort to self-help by landlord on the advice of lawyer to evict tenants using brute force and sometimes even
using police on the advice of lawyers.
iv. Lawyer's back dating of notice to quit in order to accommodate statutory requirements such as the six months‘
notice to quit for a yearly tenancy agreement.
Best of Luck from Comrade Wisdom
189

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BAR PART 11

VI. Practice Direction

(b) Failure to advise/encourage the parties in an action to use (ADR)

(c) The wrong choice of court

(d) The consequential sanctions arising from wrong choice of court.

(b)Will your answer be different if the land is situated in Abuja?

SUIT NO: HCL/IKJ/009/221

1. AN ORDER joining Central Bank of Nigeria as Codefendant in this suit.

Isaac O. Wisdom Esq.

2.) Central Bank of Nigeria

Dated this…11th…. day of…January... 2022.

Dated this…12th… day of…January... 2022.

FOR SERVICE ON:

2.) Olusola Ajayi

FOR SERVICE ON:

2.) Chin Chung Construction Co. Ltd

IN THE HIGH COURT OF LAGOS STATE

APPLICATION TO COMMENCE AN ACTION IN A REPRODUCTIVE CAPACITY

Dated this…11th…. day of…January….. 2022.

Case Study 3(a):

Case Study 3(b):

IN THE SUPREME COURT OF NIGERIA

NATIONAL ASSEMBLY …………………………DEFENDANT

IN THE HIGH COURT OF LAGOS STATE

SUIT NO. HC/LG/KJ/0096/22.

IN THE HIGH COURT OF LAGOS STATE

SUIT NO. HC/LG/GB/0034/22.

(b) Differences between Class Action and Representative Action

The major differences are discussed below:

Action would be by claim supported by particulars of claim

Action would be commenced in Lagos

Claim and particulars of claim for filing in the relevant Courts

IN THE MAGISTRATE COURT OF LAGOS STATE

Dated the ….. Day ….. 20…

The defendant is a …..

IN THE HIGH COURT OF LAGOS STATE

FOR SERVICE ON:

8. Prepare the memorandum of appearance to be filed by the defendant in (1) above.

Dated 24th day of January 2022.

10. Draw up and briefly explain the ethical implications of:

e. abuse of court process.

ORDER 59 OF HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES, 2019*

2. Cases qualified for Fast Track.*

A suit shall qualify for fast track where the:

12. Prepare the memorandum of appearance to be filed by the defendants in 1 above.

Dated ….24th ….day of ……January…. 2022.

13. Draw up and briefly explain the ethical implications of:

a. commencing an action by wrong procedure,

Case Study 1 (1)

Case Study 1 (2)

Draft the application in (1) above

1. AN ORDER OF INTERIM INJUNCTION restraining the 2nd Defendants/Respondent from

Case Study 1 (3)

IN THE HIGH COURT OF LAGOS STATE

SUIT NO: HIC/02/2020

Case Study 1 (5)

Case Study 3 (2)

Draft the application in (1) above.

IN THE HIGH COURT OF LAGOS STATE

IN THE HIGH COURT OF LAGOS STATE

Case Study 3 (3)

Case Study 3 (4)

IN THE HIGH COURT OF LAGOS STATE