CIVIL LITIGATION

PRE CLASS ASSIGNMENTS AND

CLASS ACTIVITY WITH ANSWERS

PREPARED BY GROUP 6

MAY, 2024
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WEEK 2: 6TH FEBRUARY 2024

PRE CLASS ACTIVITIES

Mr. Denen Usman was a Civil Servant and a staff of the Federal Ministry of Aviation and by virtue of his
position he occupied House N0. 1, Ministers’ Estate, Asokoro, Abuja, which belongs to the Federal
Government of Nigeria built and maintained by the Federal Capital Development Authority (F.C.D.A).
When the Federal Government Policy on sale of Federal Government Houses was kicked-started, Mr.
Usman applied for the house, which he occupied but failed to submit his expression of interest form to the
Ad-Hoc Committee on the sale of Federal Government Houses as required by the Guidelines of the Policy
in question.
Subsequently, the House was thrown to the public for bidding and Mrs. Cecilia Dantaro won the bidding
and was offered the house, which she paid for. Thereafter, Mr. Usman was served with a quit notices to
vacate the house. Being aggrieved, he instituted an action against the Ad-Hoc Committee on the Sale of
Federal Government Houses and Mrs Dantaro, by way of a Charge accompanied by an Originating
Summons, at the Federal High Court, Abuja.
On being served with the court processes, Mrs. Dantaro applied by way of Motion on Notice and a
Statement of Claim that FIRST BANK OF NIGERIA PLC, the bank to the Federal Capital Development
Authority, through which she paid for the house, be joined as a 3rd Party to the suit. The Court dismissed
the application for joinder, took 7 witnesses and entered judgement in favour of Mr. Denen Usman. Mrs
Cecilia Dantaro was dissatisfied with the decision. She appealed against the decision to the Court of Appeal,
and the Court set aside the decision of the Federal High Court and awarded costs of One Million Naira
personally against the Respondent’s counsel for failing to advise his client appropriately. The Court of
Appeal, in reaching its decision, raised so many questions, such as, Whether the suit filed at the Federal
High Court (litigation) was the only mechanism open to Mr. Usman for settling the dispute that arose
between him and the people he sued; whether the Federal High Court had jurisdiction to entertain the matter;
whether the Ad-Hoc Committee on the Sale of Federal Government Houses was a proper party to the suit;
whether a Charge and Originating Summons were appropriate modes of commencement of the suit under
the circumstance and Whether the Respondent’s counsel handled the matter professionally and ethically,
among other questions. Mr. Usman has approached you to advise him as his new lawyer, and the following
questions arose in the course of your interaction:
Questions
a) Is there a difference between Civil and Criminal suit?
b) If yes, what are the differences?
c) What is the scope of Civil Litigation, as a course?
d) List and explain the sources of Civil Procedure?
e) Explain the different civil disputes settlement mechanisms. Set out the advantages and disadvantages
of each method.
f) Explain the aims, scope and application of Rules of Court.
g) Was Mr. Usman’s counsel right when he approached the Federal High Court Abuja? Justify your
answer.
h) Identify the ethical issues involved in the above scenario and their consequential sanctions.
i) Mention the civil courts and the scope of their jurisdiction.

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ANSWER TO QUESTION A
Yes, there are differences between Civil and Criminal suit.

ANSWER TO QURSTION B
Unlike the criminal proceedings which deal essentially with enforcement of public rights and which are
usually commenced by or on behalf of public authority, civil proceedings are mainly concerned with the
enforcement of private rights, and thus commenced by an individual or a corporate in his/its own name.
Parties: depending on which jurisdiction a civil proceeding is instituted, the parties are known as plaintiff
or claimant and defendant respectively. The one who brings the claim to court is known as the plaintiff or
the claimant while the one against whom the claim is brought is known as the defendant. The parties in
criminal proceedings are usually the state and defendant.
Outcome: In civil proceedings, the court, at the end of the trial will either find for the plaintiff or dismiss
his/her claim. Where the court holds that the plaintiff has proved his case, the court will not punish the
defendant as in a criminal case but, rather award damages to the plaintiff against the defendant or, grant an
injunction mandating him/her to do a particular act or restraining him/her from doing a particular act,
depending on the claim and/or make declarations as may have been claimed by the plaintiff. This is unlike
criminal proceedings where the court either finds the accused guilty and convicts him or finds him not
guilty and acquits him accordingly.
Area of Evidence: in civil proceedings, the area of evidence in civil proceedings has a different feature
from a criminal proceeding. For example, unlike in criminal proceedings where the prosecution bears the
burden of proof almost always, in civil proceedings, the burden of proof is largely borne by the one who
asserts, and not necessarily, the plaintiff. See sections 135 and 136 of the Evidence Act.
The standard of proof in civil proceedings is on the balance of probability or on preponderance of evidence
as against ‘proof beyond reasonable doubt’ required in proof of a crime.
Right to silence: unlike in criminal trials where an accused person has the constitutional right to silence
and may choose not to give any evidence or say anything at his trial, in civil proceedings, the writ of
summons says it all. If a person is served with the originating processes and does nothing as defendant
within a specific number of days, judgement may be given against him in default of appearance or/and
pleadings without further evidence from the plaintiff except where the claim is one that cannot be granted
without leading evidence as in a claim for declaration.
Commencement of action: In criminal trials commencement of action is by way of a charge. On the other
hand, in civil case, commencement of action is by suit through Writ, Originating Summons, Originating
Motions and Petition.

ANSWER TO QUESTION C
The scope of civil litigation is mainly concerned with the enforcement of private rights. When used in
contradiction to criminal litigation, it deals with resolution or determination of all disputes other than
criminal. Thus, it refers to all processes and procedure relating to civil actions in court.
Civil litigation refers to the entire body or rules of procedure and evidence that regulate civil proceedings
in a court of law. It is wide enough to accommodate processes employed by parties to resolve the dispute
between them before they finally end up in court, including pre-action notices, letters and ADR options
employed before during and after proceedings have commenced in court.
ANSWER TO QUESTION D
The sources of civil litigation in Nigeria are as follows:
1. Rules of Courts
2. Statutes/Laws creating courts
3. The Constitution
4. Other Statutes
5. Decisions of Superior Courts
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6. Practice Direction
1) Rules of Courts: Each Court has its own set of rules which are made by the authorities prescribed by
the statutes or law establishing the Court. It is the statute creating the Court that states who should make
rules of the Court. Rules of courts are about the most principal source of the rules governing civil litigation.
Rules of Court refer to stipulations made by the Head of a particular court such as the Chief Justice of the
Federation, the President of the Court of Appeal and the Chief Judge of a State or that of the High Court of
the Federal Capital Territory.
There are rules such as the Supreme Court Rules, 1985; Court of Appeal Rules, 2016; Customary Court of
Appeal Rules of the various states that have Customary Court of Appeal; Sharia Court of Appeal Rules of
the various states that have Sharia Court of Appeal; Federal High Court Rules, 2009; High Court Rules of
the various states such as the High Court of Lagos (Civil Procedure) Rules, 2012 and High Court of the
Federal Capital Territory (Civil Procedure) Rules, 2018; High Court (Appeal) Rules of the various states;
National Industrial Court of Nigeria (Civil Procedure) Rules, 2017; Magistrates’’ courts (Civil Procedure)
Rules of the various states such as that of Lagos, 2009; Districts Courts Rules of the various states that has
districts courts such as the District Courts Rules of the Federal Capital Territory.
The aims and objectives of the rules of court is to enable the courts handle cases that come before them
justly.
2) Statutes/Laws creating courts: When a law, statute or the constitution sets up a court, it almost,
inevitably, makes provisions for some rules of procedure apart from the fact that the law would mandate
the Head of that court or the Governor or any rule making organ to make rules for the regulation of
proceedings in that court.
3) The Constitution: No doubt, that the Constitution is the supreme law of the country. However, in
relation to practice and procedure in the various courts, it can be rightly regarded as a secondary enactment.
The Constitution empowers the Chief Justice of Nigeria to make rules for the enforcement of the
fundamental rights contained in Chapter 4 of the Constitution. The Constitution also sets out the
jurisdiction of each of the courts specifically provided for in the Constitution. It also provides for when
appeal will lie to the Court of Appeal or Supreme Court as of right or with leave. In addition, Section 36
of the Constitution provides for fair hearing in the determination of every person’s civil rights and
obligations in a court of law.
4) Other Statutes: these are laws which make provisions for rules of practice and procedure which all
court entertaining proceedings in respect of such laws must comply with and apply. For example, the
Companies Winding up Rules, 1983 which regulate the practice and procedure for the winding up of any
company in Nigeria, were made pursuant to the Companies and Allied Matters Act.
Also, the Matrimonial Causes Rules which provide for the practice and procedure in respect of matrimonial
disputes are made pursuant to the Matrimonial Causes Act.
5) Decisions of Superior Courts: This may arise from interpretation of existing rules or formulation of
new ones by the judges of superior court. For example, in Craig v Craig (1966) 2 SCNLR, the Supreme
Court held that before a trial court orders a non-suit, the judge should invite the parties or their counsel to
address him on the propriety of the order.
Also, the rule that the court should not permit a party to make a no case submission in civil cases unless he
elects not to give evidence and to stand by the submission alone, is not provided for in any rule of court or
any statute. The rule was developed by the Supreme Court in the case of Ikoro v. Safrap (Nigeria) Ltd.
(1977) 2 SC 123.
6) Practice Direction: Practice Direction is a direction given by an appropriate authority stating the way
and manner a particular rule of court should be complied with, observed and obeyed. An example of
Practice Direction is the one given by the former President of the Court of Appeal, Hon. Ayo Salami to
govern proceedings at the election tribunals.

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ANSWER TO QUESTION E
Alternative Dispute Resolution (ADR): This refers to all the processes that provide an alternative to the
court system, particularly, litigation and all other forms of state-provided judicial decision making.
Put differently, ADR refers to all the various processes of resolving disputes between parties other than the
formal court system.
Advantages of ADR
1. It is faster and saves time.
2. It is less costly.
3. It preserves relationship.
4. De-congests the Court of cases.
5. Parties have absolute control over the proceedings without adhering to strict legal rules.
6. It is flexible as there are no standard or obligatory rules of practice and procedure.
7. It results more in win/win.
8. There is privacy and confidentiality.
Disadvantages of ADR
1. Parties can easily re-open the matter except in Arbitration.
2. It does not create precedent
3. Its application is limited in some cases such as criminal offences.
4. Decisions are not binding on the parties like judicial judgments.
Litigation simply refers to an action brought by a person (plaintiff or claimant) against another person
(defendant) based on legal principles by which the former asserts some rights or legal entitlements from
the latter.
Advantages of litigation include:
1. Interpretation of legal documents
2. Criminal cases (Public Policy)
3. Emergency situations
4. Where the law mandates
5. Legal tactic
6. Need for precedent
7. Where there is a frivolous demand made by one party of another
Disadvantages of Litigation
1. Lack of privacy of the proceedings.
2. Lack of flexibility as its procedures is basically standard in character.
3. Lack of Control of Process since the parties to the dispute have no control over the process neither
do they have control over the outcome of the proceedings.
4. The problem of enforcement
5. Litigation is expensive
6. Undue delay
7. It breeds enmity
8. Win/loss situation
9. Rigidity and technicality.

ANSWER TO QUESTION F
The aim of Rules of Court is to enable the court handle cases that come before them justly and this includes:
1. Ensuring that parties and counsel appearing before the court (and the Judges also) are properly
guided as to how to proceed and that they know what is expected of them;
2. Cutting unnecessary expenses of litigation;
3. Ensuring that cases are dealt with fairly and expeditiously;
4. Allotting to each case an appropriate share of the court’s resources;
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 5. There is uniformity of practice and procedure.
Thus, the overall interest of the Rules of Court is the attainment of justice.
The scope and application of rules of court include:
1. Regulates matters of practice and procedure
2. Regulates conduct of various civil proceedings and modes of commencement
3. Regulates modes of instituting civil proceedings and conduct of interlocutory application
4. Regulates enforcement of orders and judgment

ANSWER TO QUESTION G
No, Mr. Usman was not right to have approached the Federal High Court because it is a special court with
limited jurisdiction and the subject matter in dispute is landed property. The High Court of the Federal
Capital Territory is the proper court that Mr. Usman was supposed to have approach because it has
unlimited jurisdiction and the proper court that handles issues relating to landed property. See sections 257
(1) and 272(1) of the 1999 CFRN as amended. See Abuja Investment & Property Development Co.
Ltd. Visa Enejoh Paul Ors (2018) LPELR-CA/A/5/2014.; Daoha Ugo-Ngadi v. FRN (2018) 8 NWLR
(Part 120) 29 at 49D.

ANSWER TO QUESTION H
Some of the ethical issues in the scenario include
1. Commencing action with a charge and originating summons contrary to the rules of court since the
matter is a civil suit.
2. Absence of pre-actions requirement like ADR, Pre-action counselling and pre-action notice.
3. Lack of diligent trial by the counsel to the parties.
ANSWER TO QUESTION I
1) Supreme Court: The Supreme Court has both original and appellate jurisdiction as prescribed by the
1999 Constitution (as amended). By Section 232(1), the Supreme Court has the original jurisdiction in
any dispute between the Federation and a State, or Between States inter se, on matters involving any
question (whether of law or fact) on which the existence or extent of legal right depends. See the case of
AG Bendel State v. AGF which was in respect of the improper passing of the 1880 Appropriation Act
and AGF v AG Abia State which was in respect of the off-shore and on-shore dichotomy etc.
By Section 232(2) of the Constitution, the National Assembly enacted the Supreme Court Additional
Original Jurisdiction Act of 2002 which expanded the original jurisdiction of the Supreme Court.
Thus, the Supreme Court have additional exclusive jurisdiction in respect of dispute between the National
Assembly and the President of the Federal Republic of Nigeria; the National Assembly and any State House
of Assembly; and the National Assembly and a State of the Federation, involving questions of law or fact
on which the existence or extent of a legal right depends.
The Supreme Court also have appellate jurisdiction on appeals from decisions of the Court of Appeal as
provided by Section 233(1) of the Constitution.

2) Court of Appeal: The Court of Appeal also have both original and appellate jurisdiction, but, it is largely
an appellate court and its original jurisdiction is limited to hearing and determination of any question as to
whether; Any person has been validly elected to the office of the President or Vice President; or The term
of office of the President or Vice-President has ceased; or The office of the President or Vice President has
become vacant. See section 239(1).
Section 240 of the Constitution conferred appellate jurisdiction on the Court of Appeal to hear and
determine appeals from the following courts: Federal High Court; High Court of the Federal Capital
Territory, Abuja; High Court of a State; Sharia Court of Appeal of the Federal Capital Territory, Abuja;
Sharia Court of Appeal of a State; Customary Court of Appeal of the Federal Capital Territory, Abuja;

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Customary Court of Appeal of a State; Court Martials; and other tribunals as may be prescribed by an Act
of the National Assembly.
Section 246(1) of the Constitution also provides that the Court of Appeal shall hear and determine appeals
from the Code of Conduct Tribunal; National and State Houses of Assembly Election Tribunals; and
Governorship Election Tribunal.
Furthermore, section 243(2) and (3) of the Constitution by the 3rd Alteration Act, also provides that appeals
from the decision of the National Industrial Court in respect of questions of fundamental rights as contained
in Chapter IV of the Constitution as it relates to matters upon which the National Industrial Court has
jurisdiction and appeals from the decisions of the National Industrial Court as may be prescribed by an Act
of the National Assembly shall lie to the Court of Appeal.
3) Federal High Court: The jurisdiction of the Federal High Court is provided for in section 251(1) and
251(4) of the 1999 Constitution and some other Act of the National Assembly. Section 252(2) also empower
the National Assembly to confer additional jurisdiction upon the Federal High Court.
Section 46 of the 1999 Constitution also empowers the Federal High Court to entertain and determine
questions of fundamental rights infringement under chapter IV.
Other laws that confer jurisdiction on the Federal High Court include Admiralty Jurisdiction Decree 1991;
Food and Drug Act; Recovery of Public Property (Special Provisions) Act 1984 etc.
The Federal High Court exercise appellate jurisdiction on both civil and criminal matters from the decisions
of the following courts;
Magistrate Courts;
Appeal Commissioners under Companies Income Tax Act;
Immigration and Prison Services Board;
Any other body established under any other Federal enactment or law in respect of matters over which it
has jurisdiction as conferred by the Federal High Court Act. See section 28 of the Federal High Court Act.
6) Sharia Court of Appeal: The jurisdiction of Sharia Court of Appeal of a State is prescribed for in section
277 of the 1999 Constitution while that of the FCT is provided for in section 262. The Sharia Court has
only appellate jurisdiction from the lower court on Islamic Personal Law.
7) Customary Court of Appeal: the Customary Court of Appeal has both appellate and supervisory
jurisdiction in civil proceedings involving questions of customary law. Section 267 of the Constitution
provides for the jurisdiction of the Customary Court of Appeal of the FCT. Exclusive original jurisdiction
was conferred on the Customary Court of Appeal of the FCT by section 1 of the Customary Court of Appeal
of the Federal Capital Territory, Abuja (Jurisdiction on Chieftaincy Matters) Act, 2011 to hear and
determine disputes on or relating to Chieftaincy matters.
Section 282 of the 1999 Constitution provides for the jurisdiction of a State Customary Court of Appeal.
It is important to note that in the exercise of its jurisdiction, the Customary Court of Appeal shall not enforce
any rule of customary law which is;
1. Repugnant to natural justice, equity and good conscience;
2. Incompatible with any written law for the time being in force; and
3. Contrary to public policy.
8) Election Tribunal: This court has original jurisdiction to handle election matters exclusively as well as
matters involving term or expiration of term of National Assembly member or any office holder under the
constitution. S. 285(2) CFRN.
9) ECOWAS Community Court of Justice: This court has Advisory Jurisdiction and Contentious
Jurisdiction to hear and determine disputes relating to interpretation and application of Treaties,
Conventions, Protocols, failure of members to honour treaty obligations, issues with the community and its
officials.
10) Magistrate and District Courts: By virtue of section 6(4) (a) of the 1999 Constitution, the National
Assembly and the State Houses of Assembly have the power to establish courts with subordinate
jurisdiction to that of a High Court.
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The Magistrate Courts and the District Courts have subordinate jurisdiction to the High Court and are
established by the National Assembly in the FCT and the State House of Assembly in the various States.
11) Area, Sharia and Customary Courts
Area Courts: Area court in the FCT has civil jurisdiction provided for in section 18 of the Area Court Act;
with unlimited jurisdiction on matrimonial causes and other matters between married under the customary
law or arising from or connected with a union contracted under customary law, other than those arising
under Christian marriage.
Custody of children under customary law
Civil actions in which debt, demand or damages do not exceed Upper Area Court (Unlimited), Area Court
Grade I (N1,000); Area Court Grade II (N400); Area Court Grade III (N100)
Succession to property and administration of estate under customary law where the value of the property
does not exceed Upper Area Court (Unlimited), Area Court Grade I (Unlimited); Area Court Grade II
(N500); Area Court Grade III (200)
Causes and matters concerning ownership, possession or occupation of ;land in which the value of the
subject matter does not exceed the amount specified Upper Area Court (Unlimited), Area Court Grade I
(N2,000); Area Court Grade II (N500); Area Court Grade III (N200)
Sharia Courts: Exercise civil jurisdiction in matters of Islamic law in which the existence or extent of a
legal right, power, duty, liability, privilege, interest, obligation or claim is in issue. See S. 5 Sharia Court
Law of Zamfara State.
Customary Courts: Exercise civil jurisdiction over persons subject to customary law. The civil jurisdiction
of the Customary Court is set out under Section 16 of the Customary Law of Lagos. 2003 and Part 1 of the
Second Schedule.
12) Code of Conduct Tribunal: Exercise civil jurisdiction on public officers who refused to declare their
assets as contained on the Fifth Schedule Part 1 of the 1999 Constitution shall be punished in accordance
with the Fifth Schedule in Section 18(1) of the 1999 CFRN.
13) Small Claims Court (Lagos): Lagos State recently created within the Magistrates Courts system, some
courts designated as small Claims Courts. See Small Claims Courts Practice Directions 2018. The main
objective of the small claims courts is to provide easy access to an informal, inexpensive and speedy
resolution of simple debt recovery disputes in the Magistrate’s Courts. Claims not exceeding N5million,
excluding interest and cost.
14. Special Courts and Tribunals: Such as Rent Tribunal, Election Petition Tribunals etc.
The Rent Tribunal adjudicate on matters bothering on recovery of premises, Landlords and Tenants etc.
Election Petition Tribunals adjudicate on disputes arising from the conduct of elections such as National
Assembly Election, Governorship and State House of Assembly Elections, etc.

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WEEK 3: 13TH FEBRUARY 2024

PRE CLASS ASSIGNMENT

SCENARIO
DEF, a defunct Power Transmission and Distribution Company that succeeded ABC by virtue of Electricity
Power Reform Act of 2005 have ceased to exist. DEF has been disbanded and unbundled, that the POS
Electricity Liability Management Company, a public company limited by guarantee was floated to assume
and take over all the assets and liabilities of DEF and to ensure that all such assets and liabilities are properly
settled before NEXT Power Holding Company, a new company took off. XYZ Company has engaged your
services as a Legal Practitioner for recovery of withholding tax from DEF for the year 2020-2022.
With the aid of statutory and judicial authorities, answer the following questions from the above scenario;
a. List and explain types of parties to a civil suit.
b. Briefly explain persons that can sue and be sued at law.
c. Explain the meaning and scope of class actions under the Lagos State High Court Civil Procedure
Rules.
d. Identify the necessary parties in this action.
e. Assuming the tax to be recovered from DEF for the year 2020-2022 was retained by NDIC, what
step DEF can take to make NDIC liable.
f. Draft the processes necessary for joining NDIC as a party. (This must be on slides to be
projected in class).
g. Assuming DEF was not disbanded and that POS is a lawful attorney of DEF, draft the heading
of the court process showing the name of the parties only should DEF sues XYZ instead. (This
must be on slides to be projected in class).
h. Identify the ethical issues likely to arise from the above scenario.

Answer to Question A
The appropriate parties to a civil action in court is very important as they aid the court to be able to properly
determine the case and also so that the judgment of the court will become binding on such parties. It is
important to ensure that the correct or appropriate parties are brought before the court to avoid the matter
being struck out, thereby endangering delay and cost.
There are mainly four types of parties to an action, they include:
1. Proper Parties
2. Desirable Parties
3. Necessary Parties
4. Nominal Parties
1. Proper Parties are those whose interest may be affected by a judgment, but whose presence is not
essential for the court to adjudicate the rights of others. See Mobil Producing Unltd v. LASEPPA. It was
held that a proper Party is one whose interest will be affected directly if relief is claimed in the action we're
granted. But in Green v. Green, the Supreme Court held that a proper party is one who although is not
interested in a plaintiff's claim is however made a party for some good reasons, for example, where an
action is brought to rescind a contract, any person is a proper party but who was active or concurring in the
matters which gave the plaintiff the right to rescind.

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2. Desirable Parties: These are parties who have an interest or who may be affected by the outcome of the
suit and their interest will be prejudiced if they are not joined as parties, and as such it is desirable to join
them as parties so that they should be bound by the decision of the Court. See Peenok Investment Ltd v.
Hotel Presidential Ltd.
3. Necessary Parties: These are parties who are not only interested in the subject matter of the proceedings
but in their absence, the matter cannot be fairly dealt with by the court. In the case of Union Beverages Ltd
v. Pepsi Cola Int. Ltd, the court held that if a complaint is made against a person and the questions or issues
involved in the complaint cannot be effectually and completely determined or settled in the absence of the
person, such a person is a necessary party and ought to be joined in the action. Also if it is necessary for
the judgment in the matter to be made binding on a person such a person is a necessary party. See Adisa v.
Onyinwola (2000) 6 SC (pt II) p 47 and p.75; Uku v. Okumagba (1974) 3 SC 35.
4. Nominal Parties: These parties have no direct interest in the subject matter but are made a party by his
office. E.g. A.G of the State or Federation in actions against the government. In Padawa v. Jatau, the court
held that a nominal party is one who though having some interest in the subject matter of a suit, will not be
affected by any judgment of the court, but is nevertheless joined to avoid procedural defects. For example,
if an action is brought against the Federal Government, it would be against the Attorney General of the
Federation as a party whereas if the action is brought against a State Government, it would be against the
Attorney General of the State. See also the case of Plateau State v. AGF (2006) 3 NWLR (0t 967) 346 at
394.

Answer to Question B
Persons that can sue and be sued at law are that who are known as legal or juristic person. A juristic person
in law is either
i. Natural person
ii. Artificial person.
A natural person is a human being, while an artificial person is a creation of law, for example, a LLC or a
statutory body established by law is an artificial body. If a person, not being a legal person sues or is sued,
the action is incompetent and will be struck out. It is irredeemable. See Knight and Seale v Dove (1964) 2
All ER 307 at 309. This is to say that under the law, only legal persons (natural or non-natural) have the
capacity to sue and be sued.
Types of juristic corporate bodies
1. Companies registered or incorporated under Part “F” CAMA
2. Companies registered under Part “C” CAMA
3. Statutory corporation
4. Corporation sole
5. Government
Types of juristic non corporate bodies
1. Noncompliance statutory bodies created by statute
2. Firms or partnership and registered business name under Part “B” CAMA
The Abuja and Lagos Rules have made provisions for the following classes of parties that can sue and be
sued in a civil action.
1. Partners may sue or defend in the following 3 different ways namely: (a) in the name of the firm, (b)All
the partners of the firm (c) one or more of the partners as representatives of the firm/partnership See Marki
v.Hassan Said (1961) All NLR 502
2. Infant, Lunatics and persons of unsound mind are generally categorize and referred as "Persons under
legal disability" both under the Lagos and Abuja Rules. Under the rules they may sue or defend by their

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guardian or guardians appointed for that purpose. See O 13 Rule 11 of FCT Abuja Civil Procedure Rules
2018 and O 15 Rule 9 of Lagos State High Court (Civil Procedure) Rules 2019.
3. Trustees, Executors and Administrators may sue and be sued on behalf of or representing the property
or estate of which they are trustees or representatives without joining any of the beneficiaries. See O 13
Rule 13(1) of FCT Abuja High Court (Civil Procedure) Rules 2018, O 15 Rule 11(1) of Lagos State High
Court (Civil Procedure) Rules 2019
4. Married Woman Property Act 1882 as amended in 1893. Married Women capacity to enter into
contracts and sue and be sued in respect of their separate property as if they were unmarried. Therefore
under the Act a married woman could maintain civil action against all persons including her husband in
respect of her pre-marriage contracts or properties for the security and protection of their separate property.
5. Registered Association which are registered under Part “C” of old CAMA 2004 now Part “F” of CAMA
2020.
6. Incorporated Association cannot sue as they are not legal persons. Generally they cannot sue or be sued
in their names. However they can sue through their members or officers or representatives of this
Association. See Kpebimoh v. Board of Governors Western Ijaw TTC 1966. 1 NMLR 130; Also see Gani
Fawehinmi v. NBA (NO. 1) (1989) 2 NWLR (pt 105) 494 at 532
7. Registered Business names formerly under Part B of CAMA 1999 Now under Part E of CAMA 2020
can sue or defend an action in the name of their owners and there must be an indication under the name that
the owner is trading under the name and style of the business name. See Okechukwu v. Ndah (1967) NMLR
366
8. Trade Unions can sue and be sued in their registered names/leaders of the Union. See Bonor v.
Musicians Union (1955) 3 All ER 518, It was held that although an incorporated body, the Musicians Union
could be sued for breach of contract as a legal entity and that damages could be recovered out of the Union
funds. They sue
9. Statutory Bodies can sue and be sued in their Statutory or corporate names.
10. Actions for and against the Government will be commenced and defended by the AG of the
Federation and the State depending on the circumstances.

Answer to Question C
There is no statutory definition of a class action or collective redress save for the provisions in procedural
rules of the various courts in Nigeria.
The common denominator in the various rules of court is that class actions are actions where one or more
persons are appointed by the judge to represent that person(s) or class or members of the class in a lawsuit
where the person, class or some members of the class interested in the lawsuit cannot be ascertained or
cannot readily be ascertained or, if ascertained, cannot be found, or for purposes of expediency and
efficiency if they can be ascertained or found. The decision of the Judge in the proceedings shall be binding
on the person or class of persons so represented. See Order 15 rule 13 Lagos Rules 2019.

Nigerian courts have also interpreted what constitutes a class action. In the cases of Abraham Adesanya v
President of Federal Republic of Nigeria (1981) 5 S.C. 69 and Gallaher Ltd. & Another v British American
Tobacco Co. Ltd. & Others (2015) 13 NWLR (Part 1476) 325, it was held that a class action must be centred
on the principle of commonality, that is, there must be common factual questions or legal interest with the
claims and defences of the larger group to be represented being protected.
The applicable Civil Procedure Rules of Lagos State determine the areas such Rules permit for class action
lawsuits; some of them are mentioned below.

Order 15 Rule 13 (1) of the Lagos 2019 Rules provides that class actions can be instituted in the following
areas:
11
  The administration of estates;
 Properties subject to a trust;
 Land held under customary law as family or community property;
 The construction of any written instrument, including a statue; and
 The decision of the court binds all the class members

Answer to Question D
The necessary parties in this action are: XYZ (Claimant) and POS (Defendant)

Answer to Question E
The step DEF can take to make NDIC liable is by joining NDIC as a third party in the suit.

Answer to Question F
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: NLS/01/CV/2024
MOTION NO: ………………………
BETWEEN
XYZ ……………………………………………………………..…… CLAIMANT/RESPONDENT
AND
POS ……………………………………………………….…. ………….DEFENDANT/APPLICANT
AND
NDIC ……..………………………………………………………….. …….THIRD PARTY

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 10 RULE 1 OF THE FEDERAL 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 ___________ 2024 at
the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel to the Defendant/Applicant will be
praying the court for the following RELIEFS:
1. AN ORDER joining the NDIC as Third Party in this suit.
2. AND FOR SUCH FURTHER ORDER OR ORDER(S) as the Honourable Court may deem fit
to make in the circumstance.
Dated this ………… day of ……………………………. 2024

………………………
Garuba Adamu Esq.
Defendant/Applicant’s Counsel,
Group One & Co.,
33, NLS way, Victoria Island,
Lagos.
FOR SERVICE ON:
1. Daniel Longman
12
 Claimant/Respondent’s Counsel
ABC Associates,
Damdam Street, Ikoyi,
Lagos State.
2. NDIC,
1, Constitutional Avenue,
Central Area,
Abuja.

IN THE FEDERL HIGH COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: NLS/01/CV/2024
MOTION NO: ______________
BETWEEN
XYZ ………………………………………………………………….… CLAIMANT/APPLICANT
AND
POS …………………………………………………………….…….…. DEFENDANT/RESPONDENT
AND
NDIC ……..……………………………………………………………… THIRD PARTY

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, Ekong Musa, Male, Clerk and a Nigerian Citizen of No. 10 Oba Street, Ikoyi, Lagos do make Oath and
State as follows:
1. I am a Clerk in the office of the Claimant/Applicant in this suit by virtue of which I am conversant
with the facts stated in the Statement of Claim.
2. I have authority of the Claimant/Applicant to depose to this affidavit.
3. The Defendant/Respondent is owing withholding tax for year 2020-2022 and has refused to pay the
Claimant/Applicant.
4. This has necessitated the Claimant/Applicant to file the substantive suit to recover the withholding
tax in this action.
5. This application is necessary for the court to completely adjudicate on the matter and parties before
it.
6. This application is brought in the interest of justice.
7. I swear to this affidavit solemnly and conscientiously believing its contents to be true and correct
and in accordance with the Oaths Act.

…………………………………….
DEPONENT

SWORN to at the Federal High Court Registry, Lagos

This …………………day of …………………2024

BEFORE ME
COMMISSIONER FOR OATHS
13
Answer to Question G

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: NLS/01/CV/2024
MOTION NO: ……………………..
BETWEEN
DEF …….……………………………………………… CLAIMANT/APPLICANT
(Suing through its lawful Attorney ‘POS’)
AND
XYZ …………………………………………………….…. DEFENDANT/RESPONDENT
AND
NDIC ……..………………………………………………… THIRD PARTY

Answer to Question H
The ethical issues likely to arise from the above scenario include:
1. Duty of Counsel to explore Alternative Dispute Resolution mechanism before bringing action to the
court – RPC 15
2. Duty of Counsel to the Client by representing client competently – RPC 16
3. Duty to ensure there is no conflict of interest – RPC 18
4. Due diligence by Counsel to ensure that the right parties are before the court.
5. Duty of Counsel to act in good faith and fairness among lawyers – RPC 27
6. Duty of Counsel to the Court and conduct in court – RPC 31

14
WEEK 4: 20TH FEBRUARY 2024
PRE CLASS ASSIGNMENT

Scenario
In January 2018, the Claimant Mr. Jackson Etem entered into a contract in Ikeja Lagos State for road
Construction with the defendant I. K. Construction Ltd. worth the sum of One Hundred Million Naira
(N100,000,000.00) upon the condition the Claimant shall pay Fifty Million Naira (N50,000,000.00) before
the contract starts. And the contract shall conclude in one year and 6 months i.e in July 2019. A clause in
the contract agreement stipulated that the parties shall submit to conciliation before resorting to litigation.
However, the defendant requested payment of Twenty Thousand Naira (N20,000.00) in May 2019 to enable
the company to complete the contract and the same was paid by Plaintiff aside from the initial contract
agreement of the parties. Immediately, after the company received payment, they abandoned the work and
moved out of the site.
The claimant sent a letter requesting Defendant to complete the work as agreed, the Defendant
acknowledged receipt and neglected the letter. The claimant heard that cases are dealt with faster at the
Magistrates’ Court because it is a court of summary jurisdiction. But Tiffany and Alabi & Co. his Counsel
filed a writ of Summons at Lagos High Court Ikoyi. On being served with the writ of summons, the
Defendant entered a conditional appearance and subsequently filed a preliminary objection contending the
followings:
a. that the action was commenced in the wrong judicial division
b. that the matter was commenced with wrong originating process
c. That the High Court sitting in Ikoyi lacked jurisdiction because the matter had not first been
submitted to the conciliation.

ANSWER TO QUESTION 1
Before instituting an action in any court, a party is advised to consider the following pre-action matters:
1) Availability of Alternative Dispute Resolution mechanism. Before resorting to litigation, a counsel
representing a party should draw the attention of his client to the availability of ADR options, See Rule
15(3) (d) RPC, O 2 R 7 Abuja, O 5 R 8 Lagos
2) Existence of a reasonable cause of action. Cause of action refers to facts sufficient to give rise to an
action entitling the claimant to a relief in law. See Mobil v LASEPA (2003)104 LRCN 240 at 268. See also
A.G. Lagos State v A.G. Federation (2020) unreported suit No: SC/CV/260/2020
3) Parties. Issues to consider here include but not limited to immunity, Capacity of parties, joinder of
parties. This is especially to avoid falling into the error of non-joinder or mis-joinder or abuse of the process
of court arising from multiplicity of action, non-applicability or estoppel, etc.
4) Cost of Litigation: A claimant’s counsel should take a critical look at the expected gains from a
successful litigation vis-a-vis the cost implication of the litigation and advice the client appropriately.
6) Exhaustion of available remedies: Where a law prescribes a legal line of action for the resolution of
an issue, such remedies must be exhausted before litigation, Aribisila v Ogunyemi (2005).
7) Satisfaction of all conditions precedent such as service of pre-action notices etc, where necessary.
Where the law requires the service of pre-action notice by the claimant before commencement such
condition must be met S. 11(2) NNPC Act; Nnonye v Anyichie (2005), Amadi v NNPC (2000). Other
precedents may be: ADR or arbitration clause etc.
8) Requirement of pre-action counselling and interview. A Lawyer before commencing an action should
advise his client on the relative strength and weaknesses of the case. A Lawyer may be punished for filing
a suit that amounts to abuse of court process, Order 2 Rule 8, Abuja.
9) Jurisdiction of the Court: A practitioner must decide and satisfy himself that the court he intends to
commence his action is the proper court. It is the claim of the claimant that determines the jurisdiction of
15
the court. The issue of jurisdiction is so fundamental that it can be raised for the first time on appeal, if it is
substantive but procedural must be raised timeously. Jurisdiction may be geographical or territorial. It could
also be divisional. Jurisdiction can also be subject matter or monetary Madukolu v. Nkemdilim.
10) Venue -- Place of institution of the action. The location or judicial division where a matter should be
instituted must be carefully identified.
11) Locus Standi (i.e. the legal standing/right to sue, which is determined by interest in the subject
matter). See FAWEHINMI v. AKILU (1987) 4 NWLR (Pt. 67) 797; and FAWEHINMI v. PRESIDENT
FRN (2007) 14 NWLR (pt. 1054) 275.
12) Statutory limitations. An action is said to be statute-barred where it is brought outside the statutory
time-limit set/prescribed by the various statutes of limitation for commencing such actions or for taking
such steps. Where a statute provides for a specific time to commence an action, failure to commence within
the time frame will defeat the claim. As the matter will be said to be statute barred. Such failure will also
deprive the court of the jurisdiction to determine the suit. For instance;
 Public officers - 3 months - S2(1)(a) Public Officer Protection Act
 Tort libel/slander/defamation - 3 years
 Simple contract - 6 years
 Contract under seal – 12 years
 Land matters for individual in north & east - 12 years, west - 10 years and state government - 20
years etc.
13) Cost of enforcing judgments. This is especially to avoid a situation where the party's victory is merely
a Pyrrhic victory. Thus, there is need to consider the legal and practical problem associated with realization
of judgment of the court.
14) Procedure for commencing the action: Various court rules provide for different ways to commence
actions in the courts and it is imperative to adhere to those rules. For instance; Order 2 Rule 1 of the FCT
Abuja Civil Procedure Rules, 2018, provides that “Subject to the provisions of any enactment or rules of
Court, civil proceedings may be begun by writ, originating summons, originating motion or petition.”
15) Length of time it might take to conclude litigation vis-à-vis the remedies being sought.

ANSWER TO QUESTION 2
The advice to Mr. Jackson Etem on the various mode of exploring amicable settlement before
commencement of action in court is follows:
1. Mediation: This is an alternative dispute resolution mechanism which is used to settle dispute
between two parties with the help of a third neutral party. The third neutral party is known as a
“mediator” who only guide the two parties to arrive at an amicable settlement. The settlement
agreement upon endorsement by the two parties and the mediator becomes binding on them.
2. Negotiation: It means to bargain between two parties without a third party intervention. To confer
for the purpose of mutual agreement. It may be for purposes of structuring a restructuring
commercial agreement, resolving some disagreement, managing operational problem or for
managing social relationship
3. Conciliation: It is the settlement of dispute between two parties by a third party referred to as a
“conciliator”. The decision of a conciliator has more binding effect than a mediation. It is usually
used to settle commercial and contractual disputes between two parties.
4. Arbitration: It the settlement of commercial dispute between two or more parties by an
arbitrator/Arbiter. The decision of an arbitrator/Arbiter is binding on the parties. The decision of an
arbitrator/Arbiter is known as “Award”. The decision of an Arbitrator cannot be appeal but can only
be set aside by the National Industrial Court.

16
In conclusion, Mr. Jacson Etem is advised in line of Rule 15(3) of Rules of Professional Conduct (RPC)
to explore ADR option before the commencement of action in court.

ANSWER TO QUESTION 3
Mr. Jackson Etem’s Counsel was not right by commencing the action in court before first submitting to
conciliation. This is because, the contract agreement between the two parties has stipulated that the parties
shall submit to conciliation before resorting to litigation. The failure to explore the alternative dispute
resolution mechanism (conciliation) as agreed by the parties, there will be stay of proceedings while the
court will direct parties to go back and explore the ADR option. Also see Order 5 Rule 8 Lagos State High
Court Rule and Order 15 (3) Rule of Professional Conduct (RPC). Parties are expected to explore ADR
options before resorting to litigation.

ANSWER TO QUESTION 4
There are two mode of commencing an action in the Magistrate Court of Lagos State namely:
1. By way of claim; and
2. By originating application.
See Order 1 Rules (1) and (2) of the Magistrate Court (Civil Procedure) Rules 2009 Schedule 4 to the
Magistrate Court Law No.16 2009 of Lagos State.
1. By way of Claim: Actions commenced by claim could be for the issuance of:
A. Ordinary summons in Civil Form 1 – Order 2 Rule 1
B. Summary summons in Civil Form 4 – Order 3 Rule 1
A) Ordinary summons is used where the matter is contentious. It is commenced by filing a claim attached
with particulars of claim which must be signed by the Claimant or his Counsel with address for service,
phone no. and email address.
On the filing of particulars of claim by the Claimant, a summons is issued by the Magistrate accompanied
with particulars of claim with Form4A and served on the defendant. On the service of the ordinary
Summons on the defendant, he may, admit the claim or file a defence or counter-claim within 6 days from
the date of service of the summons.

Application for Ordinary Summons

The application for ordinary summons is by the claimant filing copies of his claim together with the
particulars of claim showing his cause of action, and his pecuniary or other claim must be furnished with
copies sufficient for each additional defendant if more than one.
The Magistrate then issues the summons as in Civil Form 1. Civil Form 4A is annexed for use by the
defendant for admissions, defence or counterclaim as the case may be. The court may strike out any action
which discloses no reasonable cause of action Order 1 Rules 4 & 5.
The court shall issue the summons together with the particulars of claim filed to be served on the defendant
who shall appear on a date determined by the registrar not less than 5 days after ensuring service has been
effected Order 2 Rule 1.
Lifespan of the summons: once issued and not served within three (3) months from the date of issue, it shall
become void with liberty to file fresh action subject to any statute of limitation Order 2 Rule 3.

Options Open to serve with Ordinary Summons:

i Further Particulars: Order 2 Rule 4; the defendant or his counsel will file this within 6 days and the
Claimant or his counsel must reply within 3 days.

17
ii Counterclaim, Set-Off or Defence: Order 2 Rule 5; the defendant shall file within 6 days. If filed
after 6 days, the Court may, if satisfied that the claimant has been prejudiced, adjourn the trial and order
the defendant to pay the costs. According to Order 2 Rule 6, if the Claimant desires to counter claim against
the defendant and some other person, he may apply to the court for the person to be added as a defendant.
iii Admission: Order 2 Rule 7; the defendant who admits to an amount and requires time to pay shall
within 6 days file same. The Claimant shall within 3 days file acceptance or rejection of the admitted amount
and time of payment.
iv Tendered Before Action: Order 2 Rule 8; this simply means tendering or depositing a certain amount
with the court at the time of defence. Such amount is usually admitted by the defendant and offered to the
claimant who rejects same. However, if the defendant fails to tender the amount with the court at the time
of defence, tendered before action will not avail him.
B. Summary Summons: An action by summary summons is a short-circuit, fast, expeditious and less
costly procedure of obtaining judgment in a claim for recovery of debt or a liquidated money demand. A
sum is said to be liquidated if it is ascertainable. It requires the filing of the following documents:

i. A claim with particulars of claims

ii. A letter requesting endorsement of the claims as summary summons
On filing of the claim, the Magistrate will issue a summons accompanied with Form 4A, O.3 R.1- 10
MCCPR.
By Order 3 Rule 3, a defendant in a summary action, who disputes his liability for the Defence, whole or
part of any claim or desires time for payment or desires to set up a counterclaim, shall within five (5) days
of the service of the summons on him, inclusive of the day of service, deliver to the Registrar
a. the form appended to the summons completed according to the circumstances of his case and stating
the address for service and signed by him or by some person on his behalf; or
b. a defence or an admission and a request for time for payment (in this Order called an admission) or
a counter ‐ claim, signed and accompanied by as many copies as there are claimants.
Failure of the defendant after 5 days including day of service to pay into Court the total amount of the claim
and costs or deliver at the Registry of the Court, a defence or an admission or a counterclaim, the service
being duly proved, the claimant may have judgment (summary) entered against the defendant for the
amount of the claim and costs:
Provided that if the defendant delivers at the Court office a defence or an admission or a counterclaim after
the said period of five (5) days has expired and before judgment has been entered, judgment shall not be
entered.
A judgment in default under this Rule for payment need not be drawn up or served, unless the judgment is
for payment to the claimant or his legal practitioner, or unless the claimant has abandoned part of his claim
and such shall be forwarded to the designating Magistrate for assignment.
2. Originating Application
Any proceedings authorised to be commenced in court and not required by any law to be commenced
otherwise, may be commenced by originating application and shall be referred to as an action. See Order 1
R 8 MCR 2009. Service is to be done personally. Where personal service is impossible or inconvenient
substituted service may be allowed. See generally Order 5 MCR. The judgment obtained on a summary
Summons is as valid as one obtained after a full hearing. It may be regarded as a judgment by consent of
the parties, but sometimes it may turn out to be judgment obtained in the absence of the defendant. In the
latter case, the judgment may be set aside by the magistrates‟ court on the application of the defendant if
he is able to satisfactorily disclose a bona fide defence to the claim.
18
ANSWER TO QUESTION 5
The general principles and procedure for the small claim court is as follows:
A Small Claims Court is a specialized court or local tribunal created by statute with specific duties and
powers. Generally, the court is designed to provide judicial determination of disputes involving small
amounts of money quickly and cheaply, with or without legal representation.

The Procedure for Small Claims Court

1. Instituting a Case
According to article 2 para. 1(a)-(e) of the Small claims Practice Direction, 2018, an action for the
determination of a dispute between litigants could be commenced in a designated Small Claims Court in a
State where:
1. The Claimant or one of the Claimants resides or carries on business in the State;
2. The Defendant or one of the Defendants resides or carries on business in the State;
3. The cause of action arose wholly or in part in the State;
4. The claim is for a liquidated monetary demand in a sum not exceeding N5,000,000 (Five Million
Naira), excluding interest and costs; see Maja v. Samouris and
5. The claimant has served on the Defendant, a Letter of Demand, in the prescribed form.
Given the objective of the Small Claims Court and the target-class of claims and litigants, the procedure
has essentially been simplified by reducing same into standard forms, which the Claimant or
Defendant/Counter-claimant, as the case may be, can simply fill out and file at the Registry of a Magistrate
Court having jurisdiction to hear small claims suits. These include Form SCA 1 for Letter of Demand; Form
SCA 2 for Complaint Form, article 2 para. 2 Small Claims Practice Direction 2018; Form SCA 3 for
Summons; Form SCA 5 for Defence/Counterclaim; Form SCA 7 for Order of Substituted Service; and
Form SCA 8 for Appeal Form, among others.

Where a case satisfies the stipulated criteria for Commencement of Action (stated under Article 2) as
enumerated above, the Claim thereof shall be marked “QUALIFIED FOR SMALL CLAIMS” by the
person in charge of the Small Claims Registry and the Applicant shall thereafter be directed to pay
appropriate filing fees. Article 4 para. 1 and 2 is of the import that the case files in respect of a duly marked
Claim is required to be forwarded, within 24 hours, from the Registry to the Administrative Magistrate,
who in turn shall also within 24 hours of the receipt of the forwarded case files, assign the case to a
Magistrate of the Small Claims Court. Such case assignments are required, by the Practice Directions, to
be undertaken on a random basis. More so, the Registry is mandated to effect the service of the Summons
on the named Defendant(s) through the Sheriff of the Small Claims Court, within seven (7) days of filing
as stipulated in article 5. Where personal service of the Summons is proven to be impracticable, the
Claimant shall apply for an Order of substituted service.

2. Filing of defence, admission and counter-claim, Article 6 and 7

A Defendant duly served with a Summons from a Small Claims Court Registry is required to file his
Defence/Admission or Counterclaim, in the prescribed form, within seven (7) days. Where a Defendant
fails to file an Answer to the Claim, he may be held to have admitted the Claim. A Claimant who wishes to
respond to a Defendant’s Counter-claim has within five (5) days to file a Reply to same. The filing of the
Claimant’s Reply marks the close of pleadings, see article 7 para. 7

19
3. Proceedings at hearing
Where the claim is called and parties not in court, unless sees good reason not to, the court may strike out
the claim, see article 8. It may also enter judgement in favor of the defendant if in court as well as proceed
to hear the counter claim (if any) of the defendant and give jugement accordingly
The Magistrate is obliged to promote, encourage and facilitate amicable settlement of a dispute among the
parties by providing settlement options to the parties as he deems fit, at the first appearance of the parties
before the Court. This process of facilitating amicable settlement shall not exceed seven (7) days. see article
9 para. 1. Where parties are able to resolve their dispute, the terms of settlement shall be entered as consent
judgment by the Court accordingly. see article 9 para. 2. where settlement fails, a preliminary hearing of
the claim or counterclaim. The direction may cover issues as hearing time table, length of trial, exchange
of witnesses list, formulation and settlement of issues and such matters as may appear just to the magistrate
for the expeditious and speedy disposal of the claim or counterclaim. Hearing is to be conducted from day
to day and adjournments should be granted as a last resort, see article 9 para 4. A party may be granted
adjournment in unforseen and exceptional circumstances for not more than once throughout the
proceedings. This entire hearing shall not be more than 30 days from the first hearing date inclusive of the
7 days for settlement, see article 9 para 6.

ANSWER TO QUESTION 6
The parties to the above suit and their designation are as follows:
Mr. Jackson Eten - Claimant
I. K. Construction Ltd - Defendant

ANSWER TO QUESTION 7

IN THE MAGISTRATE’S COURT OF LAGOS STATE

IN THE LAGOS MAGISTERIAL DISTRICT
HOLDEN AT LAGOS
BETWEEN: CLAIM NO………

MR. JACKSON ETEM ……………………………………………………….CLAIMANT

AND
I.K. CONSTRUCTION LTD ………………………………………………..DEFENDANT

CLAIM
The claimant claims the action for damages as the defendant has refused and abandoned the construction
site despite payment of the sum of N20,000 (Twenty Thousand Naira only) aside from the initial contract
agreement dated January 2018. The claimant sent a letter requesting the defendant to complete the work as
agreed, the defendant acknowledge receipt and neglected the letter.

PARTICULARS OF CLAIM
1. The Claimant entered into a contract in Ikeja Lagos State for road construction with the Defendant
in January 2018.
2. The defendant is a limited liability company with registered office in Ikeja, Lagos State, and carries
on the business of road construction.

20
 3. The claimant claims the action for damages as the defendant has refused and abandoned the
construction site despite payment of the sum of N20,000.00 (Twenty Thousand Naira) only aside
from the initial contract agreement

WHEREOFF, the claimant’s claims are as follows:

1. The sum of N20,000.00 (Twenty Thousand Naira only) being the payment made by the claimant to
the defendant to complete the work
2. The sum of N3,000,000.00 (Three Million Naira only) being general damages for breach of contract.
3. The cost of this action.
Dated this ……………..day of ……………2024

Dominic Ibrahim, Esq

Dominic & Co. Claimant’s Counsel
No. 25, Okiro Street,
Ikaja, Lagos
Email: [email protected]
Tel: 08035908866

For Service on
The Defendant:
I.K. Construction Ltd.
No. 12, Dayo Street,
Ikeja, Lagos

ANSWER TO QUESTION 8
The ethical issues likely to arise from the above scenario include:
1. Pre-action Protocol Certificate is mandatory in Lagos
2. Representation of a client RPC 15(3) of RPC
3. Dedication and devotion to client’s case RPC 14(1)

21
WEEK 5: 27TH FEBRUARY 2024

COMMENCEMENT OF ACTION IN THE HIGH COURT

In January 2018, the Claimant Mr. Jackson Etem entered into a contract in Ikeja Lagos State for road
Construction with I. K. Construction Ltd. worth the sum of One Hundred Million Naira (N100,000,000.00)
upon the condition the Claimant shall pay Fifty Million Naira (N50,000,000.00) before the contract starts.
And the contract shall conclude in one year and 6 months i.e in July 2019. While clause 10 in the contract
agreement is to the effect that failure to complete the contract on the agreed date will entitled the aggrieved
party to a remedy, clause 15 stipulated that the parties shall submit to conciliation before resorting to
litigation.
However, the defendant requested payment of Twenty Million Naira (N20,000,000.00) in May 2019 to
enable the company to complete the contract and the same was paid by Plaintiff aside from the initial
contract agreement of the parties. Immediately, after the company received payment, they abandoned the
work and moved out of the site.
The claimant sent a letter requesting Defendant to complete the work as agreed, the Defendant
acknowledged receipt and neglect the letter. The claimant heard that cases are dealt with faster at the
Magistrates’ Court because it is a court of summary jurisdiction. But Tiffany Alabi & Co. his Counsel filed
a petition at the Lagos High Court Ikoyi. On being served with the petition, the Defendant entered a
conditional appearance and subsequently filed a preliminary objection contending the followings:
That the matter was commenced with wrong originating process
That the High Court sitting in Ikoyi lacked jurisdiction because the matter had not first been submitted to
the conciliation.

QUESTIONS
1. Which court has jurisdiction to hear this action and by what mode will you commence the action and the
accompanying documents. Give reasons for your answer.

2. Assuming the dispute between the parties in the scenario above is only with respect to interpretation of
clauses 10 and 15 of the contract agreement, prepare the necessary originating processes to be filed on
behalf of Mr. Jackson Etim who wants clauses 10 and 15 to be interpreted by the court.
3. Assuming several efforts were made to serve I.K. Construction Ltd with the originating processes without
success, what is the option open to Mr. Jackson Etem.

4. Assuming the action was filed at the Magistrate Court, discuss the step(s) you will take as counsel to the
defendant.
5. Assuming the defendant engaged your services explain how you will enter appearance and draft the
process required to enter appearance in the matter.
6. In the event you failed to comply as in 5 above, identify the possible implications.
7. Assuming 8 months after the issuance of the process you identified in 1 above, the defendant is yet to be
served with the process, what steps would you take and how many times can you make the application?
8. Comment on the propriety or otherwise of the preliminary objection.
9. What is fast track procedure and when is an action said to qualify for fast track under both the Lagos and
Abuja Rules?
10. Enumerate the ethical issues that may arise in commencing an action in courts.

22
ANSWER TO QUESTION 1
The court that has jurisdiction to hear this action is the High Court of Lagos State. See Section 272 of the
Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended. The High Court has unlimited
jurisdiction as matters bothering on civil cases that is above the sum of N10,000,000.00 can only go the
High Court for adjudication. Jurisdiction in this context has to do with the subject matter in dispute, which
is a breach of contract worth (N100,000,000.00) One Hundred Million Naira. Action for specific
performance, or upon the breach of any contract may be commenced and determined in the Judicial Division
in which the contract sought to have been performed or in which the Defendant resides or carry on business.
Therefore the Lagos State High Court Ikeja Judicial Division has jurisdiction to entertain this matter
between Mr. Jackson Etem (Plaintiff) and I.K. Construction Ltd (Defendant). See O. 4 r. 1(3) of the High
Court of Lagos State (Civil Procedure) Rules 2019.
The mode of instituting the action is by Writ of Summons. See O. 5 r. 1 (1) Lagos.
The accompany documents includes:
i. A Statement of Claim;
ii. A list of witnesses to be called at the trial;
iii. Written statements on oath of the witnesses except witnesses on subpoena;
iv. Copies of every document to be relied on at trial;
v. Pre-Action Protocol Form 01 with necessary documents. See O. 5 r. 2 of Lagos
The reason why commencing this action with a Writ of Summons is because a Writ is suitable for breach
of contract and there are contentious issues. In the instant case, there was a breach of contract between Mr.
Jackson Etem and IK Construction Ltd which make Writ the appropriate mode to commence an action at
the High Court of Lagos State

ANSWER TO QUESTION 2
The originating process to be file in this scenario in respect to interpretation of clauses 10 and 15 of the
contract agreement is Originating Summons. The reason is because Originating Summons is suitable for
matters that requires the interpretation of a written law when there are no contentious issues in the matter.
See O. 5 r. 4 of Lagos
The necessary documents to be filed on behalf of Mr. Jackson Etem includes:
i. Affidavit setting out the facts relied upon
ii. All Exhibits to be relied upon
iii. A written address in Support of the application
iv. Pre-Action Protocol Form 01 with necessary documents
See O. 5 r. 5(3) of Lagos

23
 IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO……………….

BETWEEN
MR. JACKSON ETEM------------------------------------------------------------------- CLAIMANT
AND
I.K. CONSTRUCTION LTD-------------------------------------------------------------- DEFENDANT

ORIGINATING SUMMONS
BROUGHT PURSUANT TO ORDER 5 RULE 5(1) OF THE LAGOS STATE HIGH COURT
(CIVIL PROCEDURE) RULES, 2019 AND UNDER THE INHERENT JURISDICTION OF THE
COURT

Let I.K Construction Ltd of No. 29 Okoro Street, Ikeja in the Ikeja Judicial Division within twenty one (21)
days after service of this Summons on him, inclusive of the day of such service, cause an appearance to be
entered for him to this Summons which is issued upon the application of Mr. Jackson Etem whose Address
is No. 23 Oka Road, Ikeja and who claims is the determination of the following questions:
1. Whether failure of the defendant to complete the contract on the agreed date will not entitled the
aggrieved party to a remedy as contained in the clause 10 of the contract agreement
2. Whether failure of the defendant to submit to conciliation before resorting to litigation will not
amount to lack of jurisdiction to hear this suit as contained in the clause 15 of the contract agreement
3. Whether the request by the defendant for payment of Twenty Million Naira (N20,000,000.00)
outside the initial contract and the same paid by the Claimant and defendant abandoned the work
does not entitled the Claimant for refund
4. Whether the Claimant is not entitled to general damages as a result of failure of the defendant to
complete the work as contained in the contract agreement.
The relief sought are as follows:
1. A declaration for specific performance to compel the defendant to complete the work as contained
in the contract agreement.
2. A declaration that this Court lack jurisdiction over this matter until conciliation is concluded
between the parties.
3. A declaration for general damages to the Claimant for non-compliance by the defendant on the
contract agreement which has caused serious injury to the Claimant
4. AND FOR SUCH FURTHER ORDER OR ORDER(S) as the honourable Court may deem fit to
make in the circumstances.
Dated the 27th day of February 2024
This Summons as taken out by Group 6 & Co.
Solicitors, Legal Practitioner for the above
named Claimant.
Adamu Likita Esq, Claimant Counsel
Group 6 & Co, No 5 Law School Drive
Bwari, FCT Abuja, Email:[email protected]
Tel: 08035094489

24
FOR SERVICE ON:
The Defendant
C/o His Counsel
Bayo & Co, No 3 Adeyomo Street, Ikeja,
Lagos, Email: [email protected]
Tel: 08035904490

ANSWER TO QUESTION 3
Based on the facts presented, if Mr. Jackson Etem has made several attempts to serve I.K. Construction
Ltd. with the originating process without success, there are a few options available to him as follows:
One option would be to seek leave from the court to serve I.K. Construction Ltd. by substituted service.
This would involve serving the process on someone else, such as an employee or representative of I.K.
Construction Ltd., instead of directly serving the company. The Rules of the High Court of Lagos State
make provision for substituted service in O. 9 r. 5 of Lagos. This rule states that, where a party is unable
to serve a process on the other party, the court may order that the process be served in a different way. This
could include serving it on a representative of the other party, or in another way as the court deems fit. In
this case, it may be possible for Mr. Jackson Etem to seek leave from the court to serve I.K. Another option
would be to seek an order from the court to allow service by electronic means, such as email or fax. S. 104
CAMA. Application is be motion ex-parte supported by affidavit and written address.
See O. 9 r. 5(1)&(2) (Lagos). Also, see the case of Mark v. Eke, the Supreme Court held that where
service can't be effected as required, in respect of companies and corporations, the Judge may upon
application by the Claimant make such order for substituted service as it seems fit

ANSWER TO QUESTION 4
The counsel will enter conditional appearance or "appearance under protest." It indicates that the defendants
intends to either challenge the jurisdiction of the court or the issuance of the writ or some other irregularities,
like service of the writ.
He will indicate by way of memorandum or motion on notice of appearance that he is entering a conditional
appearance or an appearance under protest. O. 11 r. 5 of Lagos
After entering conditional appearance, the defendant must promptly raise objections by way of motion on
notice. Failure to act promptly will be treated as a waiver and the appearance as an unconditional one
(Murfin v. Ashbridge & Martin).

ANSWER TO QUESTION 5
Since the event occurred in Lagos, as the defendant we are to enter appearance within 42 DAYS after the
service of the writ whether the defendant is within or outside the jurisdiction. O.11 R. 1-3 Lagos Rules
2019.
Appearance will be entered by filing a MEMORANDUM OF APPEARANCE. This Memorandum of
Appearance must be served on the claimant(s) and other defendants if more than one defendant was sued
within 7 DAYS of entering appearance.
The documents that will accompany with the Memorandum of Appearance:
1. Statement of defence
2. Witness Statement on Oath
3. Copies of the documents to be relied upon during trial
4. List of witnesses.

25
 IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO……………….
BETWEEN
MR. JACKSON ETEM------------------------------------------------------------------- CLAIMANT
AND
I.K. CONSTRUCTION LTD-------------------------------------------------------------- DEFENDANT

CONDITIONAL MEMORANDUM OF APPEARANCE

KINDLY cause a conditional appearance to be entered for I.K. CONSTRUCTION LTD, sued as Defendant
in this action.

Dated this 27th day of February 2024

__________________
Group 6 Esq
Defendant’s Solicitor
Group 6 & Co
No 5 Law School Drive
Bwari, FCT Abuja
[email protected]
Tel: 08035890093
FOR SERVICE ON:
The Claimant
C/o His Counsel
B. O. Olaniyan
Olaniyan & Co
No 3 Adeyomo street
Victoria Island, Lagos.
Tel:....................................
Email:…………………….

ANSWER TO QUESTION 6
Where the defendant is unable to enter appearance within the stipulated time as indicated above, the
claimant may apply for default judgment. However, the defendant through his counsel may avoid a default
judgment given against him by seeking the leave of the Court to enter appearance out of time. This
application will be by Motion on Notice supported with an Affidavit disclosing the reasons for non-
appearance within time and a Written Address.
The Motion will be supported with the following:
1. Statement of defence
2. Witness Statement on Oath
3. Copies of the documents to be relied upon during trial
4. List of witnesses;
NOTE: the defendant will pay cost of N1000 per each day of default in Lagos; see O.11 R. 5 Lagos Rules
and in Abuja; cost of N200 for each day of default for entering appearance out of time.

26
ANSWER TO QUESTION 7
Generally under the uniform rule, originating process (Writ of Summons) last for 12 months. See also O. 8
r. 6(2) of Lagos. If the defendant is yet to be served with the process, the steps to be taken are follows:
i. The claimant shall applies before the expiration for renewal of the process
ii. The Judge may renew the original or concurrent process for 3(three) months from the date of such
renewal;
iii. The renewed originating process shall be in Form 6 with such modifications or variations as
circumstances may require.
iv. The Judge may order two renewals in each case strictly for good cause and upon prompt application,
provided that no originating process that has not been served shall be in force for more than twelve
(12) months.
v. The Registrar shall state the fact, date and duration of renewal on every renewed originating process.
The number of times to make an application for a writ renewal is two times provided that the originating
process has not expired. See O. 8 r. 6&7 Lagos.
In the instant case, the claimant is entitled to make one application for renewal of the Writ since 8 months
has already gone. He can only apply once for 3 months renewal within the remaining 4 months to the
expiration of the Writ.

ANSWER TO QUESTION 8
The defendant was to raise the first preliminary objection which is that the matter was commenced with
wrong originating process, as seen in the scenario. The claimant counsel came by way of petition. The
appropriate originating process will be by "Writ of summons".
It is important to note that although the wrong originating process was triggered does not affect the claim
as the court will advise the claimant counsel to amend his pleadings thereafter proceeding will commence.
On the issue of the preliminary objection raise that the High Court sitting in Ikoyi lack jurisdiction because
the matter had not first been submitted to conciliation may not also affect the validity of the claimant or the
jurisdiction of the court. What this will mean is that an application will be made for the court to STAYED
of proceeding and refer parties to conciliation (ADR) settlement as part of the terms in their contractual
agreement. Where the matter is resolved there will be no need for any further proceeding, hence the court
will only affirm the outcome. However, where the matter is not resolved at the conciliation, the parties will
return to count and the proceeding will commence proper. From the above scenario none of the two
preliminary objection will be sustain. See O.5 r. 8 of Lagos, See also Rule 15(3) of RPC

ANSWER TO QUESTION 9
Fast Track Procedure was first introduced under the Kano State High Court Practice Directions in 2008,
and later adopted under the 2012 Rules of Lagos now Lagos Rules 2019, 2014 Kano Rules and 2018 Rules
in Abuja. The Kano and Lagos Rules State the main objectives of the Fast Track Procedure to be reduction
of time spent in litigation to a period not exceeding 8 months and 9 months respectively. Final judgment in
a suit that is allocated to the Fast Track Procedure should be delivered within 8 months or 9 months as the
case may be of the date of filling.
The objective and exact time limit for conclusion and delivery of judgement is not stated under the Abuja
Rules, but the limit may be calculated from O. 37 r. 12, which sets the timetable for taking steps in fast
Track matters.
In Abuja, a suit is qualified for the fast track procedure, where any of the parties specifically requests to
proceed by way of fast track as in FORM 32 in the case or any other case requiring exceptional urgency in
the following but not exhaustive cases:
1. Banker/Customer Disputes;
27
 2. Commerce and Industry;
3. Landlord and Tenant;
4. Federal Capital Territory or Area Council Revenue
5. Where any of the parties specifically requests to proceed by way of fast track as in FORM 32;
6. Provided that the monetary claim in paragraphs (a) & (b) above is not less than Fifty Million Naira
(N50,000,000.00); and
7. Any other case which the Chief Judge may approve. See O. 37 r. 4 (Abuja).
In Lagos, a suit shall be qualified for Fast Track Procedure where:
1. The action is commenced by à Writ of Summons;
2. The claim or counterclaim is for liquidated monetary relief of a sum not less than One Hundred
Million Naira (N100,000,000.00); or
3. The claim involves a mortgage transaction, charge or other securities, O. 59 r. 2 (Lagos).
Where a suit qualified for Fast Track Procedure under the Abuja Rules, the Claimant or counterclaim shall
present his originating process prepared by him or his Counsel, accompanied by all front loaded documents
under the Rules. A duly completed application form as in FORM 32 to place the matter in the fast track list.
See O. 37 r. 6(1) (Abuja).
Upon receipt of the processes, the Coordinator for Fast Track Division (appointed by the Chief Judge under
O. 37 r. 3) shall issue an acknowledgement and forward the case to the Chief Judge for approval or
otherwise in FORM 34 (Notice of Acceptance to place Case on Fast Track Division) or FORM 34 (Non-
acceptance to Place Case on Fast Track List). See O. 37 r. 6(2). If the matter is placed on the Fast Track,
the Applicant shall pay a filling fee of One Hundred Thousand Naira (#100,000.00) see O. 37 6(3). Under
O. 37 r. 6(1), the Form required to be completed to request for the matter to be plyon the Fast Track List
which is FORM 33. The FORM 33 is like a Writ of Summons used for fast tracking cases that do not differ
from the general Writ of Summons. But FORM 32 is the application Form to place the matter on the fast
track list.
In Lagos, where a suit satisfies any of the criteria stated above, the Director of Litigation or Assistant Chief
Registrar or any other person in charge of the Litigation section shall cause the originating process to be
marked QUALIFIED FOR FAST TRACK and direct the applicant to pay the appropriate filing fees. See
O. 59 r. 3. (Lagos). The time for all filing and service of processes including the response time for the
defence in Lagos shall be served within 14 days of filing. See O. 59 r. 4 (Lagos).

ANSWER TO QUESTION 10
The ethical issues that may arise in commencing an action in court as it relates to the instant case are as
follows:
1. Duty of dedication and devotion of a lawyer to his clisent, subject of any rule of law, act in a manner
consistent with the best interest of his client. Rule 14 (1) of RPC
2. Representation of a client within the bounds of the law. A lawyer may refuse to aid or participate in
conduct that he believes to be unlawful even though there is some support for an argument that the
conduct is legal. Rule 15 of RPC
3. Duty of a lawyer to represent client competently. A lawyer shall not:
a) handle a legal matter which he knows or ought reasonably 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;
b) handle a legal matter without adequate preparation ;
c) neglect a legal matter entrusted to him; or
28
 d) attempt to exonerate himself from or limit his ability to his client for his personal malpractice
or professional misconduct. See Rule 16 RPC
4. Duty of 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
5. Duty of a lawyer to avoid conflict of interest with his client money and property Rule 17 of RPC
6. Duty of a lawyer to the court and conduct in court. Rule 31 of RPC

29
WEEK 6: 5TH MARCH 2024

PRE CLASS ASSIGNMENT: TASKS: CASE STUDY

Mr. Jonah Jakada and Ms. Jamila Okeke graduated from the Kano Campus of Nigerian Law School in
2015. When they were at the Law School, they were very close that all their friends wished they could
eventually be couples. Immediately after their graduation, they decided to settle in Lagos to establish their
law firm. As they were in need of money, Mr. Jonah Jakada met his uncle Danlami Uchechukwu who
agreed to give them the sum of N5,000,000.00 as a loan. An agreement was executed for the loan between
Jonah and his uncle that the money would be paid within the first year of the establishment of the law firm.
Jonah and Jamila being lawyers, also signed a separate agreement between them that the payment of the
loan obtained from Danlami would be made by them. Jamila was given the sum of Two Million Five
Hundred Thousand to purchase all the necessary furniture for the law firm. Jonah was also given the sum
of Two Million Five Hundred Thousand and tasked with securing a convenient place for the law firm and
use the money for payment of two years rent. Jonah successfully secured a place for the law firm at No
123, Oba Akran Street, Obalande and paid the two years rent. However, to Jonah’s dismay Jamila converted
the money for her own use by travelling to Dubai for shopping, Kenya for tourism and India for medical
checkup.
a. As it has been difficult to locate Jamila’s precise whereabouts since the dispute so that the
originating processes are served on her, what steps will you take to ensure that Jamila is eventually
served? Give reasons for your answer
b. What type of application would you file in (a) above? Draft the application with the accompanying
processes.
c. As counsel to the Claimant in this matter, move the application in (b) above.
d. Assuming Jamila was eventually served but is out of time to file her defence, what application
should her counsel file? Prepare the necessary application with the supporting processes.
e. If you are Jamila’s counsel, move the application in (d) above
f. Assuming also you are Counsel to Jonah who wants to oppose Jamila’s application in (d) above,
what are the processes to file in opposition?
g. Draft the processes in (f) above.
h. As Jonah’s counsel, after listening to the argument of Jamila’s counsel, relying on the processes
filed in (f) above, respond to the argument in opposition
i. Jonah discovered that Jamila has already bought two plots at Agege with their money but
immediately she learnt about the action against her, she advertised in a local daily that plots are on
auction. As counsel to Jonah, what application would you file to prevent her from auctioning the
plots. Draft all the processes in the application.
j. After judgement in the case and upon execution by attaching a 2018 Toyota Camry found in Jamila’s
house, her cousin Mr. Danbobo Tsoho is laying claim of the ownership of the car and has threatened
to take legal action against the court official who executed the judgement. Advise the court official
on the procedure and steps to take to absolve himself from any liability.
NOTE:
1. All groups are to prepare all the tasks as members of any group may be called upon to make
presentation individually or collectively on any of the tasks.
2. Each student must open a case file containing copies (electronic or hard) of the processes prepared
by his or her group. These need not be submitted but students will be called at random to present their files.

30
ANSWER TO QUESTION A
As it has been difficult to locate Jamila’s precise whereabouts, the steps to take to effect service of the
originating processes on her is for the claimant to seek the leave of court for substituted service. See O. 9
r. 5 Lagos. The application will be supported by an Affidavit and Written Address. O. 43 r. 1 Lagos
And after the process has been served to her via the substituted service, the court can give summary
judgment if the court is satisfied with the claims of the Claimant and the service.

The reason is that since the whereabouts of Jamila is not known, the best way is for the
Claimant/Applicant (Jonah) to seek the leave of court to serve Defendant (Jamila)

ANSWER TO QUESTION B
The type of application that will be filed in (a) above is Motion Ex-Parte for Substituted service supported
with affidavit and written address.

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO: HC/LG/CV/10/2024

MOTION NO:……………………….

BSTWEEN
MR. JONAH JAKADA……..………………………………..CLAIMANT/APPLICANT
AND
MS. JAMILA OKEKE……………………………………….DEFENDANT/RESPONDENT

MOTION EX-PARTE

BROUGHT PURSUANT TO ORDER 9 RULE 5 AND ORDER 43 RULE 1 OF THE HIGH

COURT OF LAGOS STATE (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…….. 2024 at the hours of
9 O'clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant may be heard praying
this Court for the following RELIEFS:
1. AN ORDER FOR SUBSTITUTED SERVICE OF THE ORIGINATING PROCESS in this
action on the Defendant/Respondent by conspicuously pasting same on the wall or entrance door of
the Respondent at her last known address at No.10 …………., Lagos State or in the alternative by
mail.
2. AND FOR SUCH FURTHER ORDER OR ORDER(S) as the honourable court may deem fit to
make in the circumstances.

Dated this 4th day of March, 2024

…..……………………..
J. S Idowu Esq.,

31
 Group Six & Co.,
Claimant/Applicant’s Counsel,
No.1, NLS Road, Bwari, Abuja.
Email: jsidowu”gmail.com
Tel: 08035902231

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: …………………
MOTION:………………….
BETWEEN
JONAH JAKADA ………………….……………………….. CLAIMANT/APPLICANT
AND
JAMILA OKEKE ..………………………………….… DEFENDANT/RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION EX-PARTE FOR SUBSTITUTED SERVICE

I Jonah Jakada, Male, Adult, Legal Practitioner and Nigeria Citizen of No 123, Oba Akaran Street,
Obalende, Lagos do hereby make oath and state as follows:
1. That I am the Applicant in in this suit and by virtue whereof I am conversant with the facts deposed
to in this affidavit.
2. That the Defendant/Respondent has left her last known address and all means of communication
with her has been cut off.
3. That all efforts by the bailiff of this Honourable court to effect personal service of the processes on
her have proved abortive.
4. That the bailiff has deposed to an affidavit of non-service. The affidavit of non-service is hereby
attached and marked as ‘Exhibit A.’
5. That I know as a fact that if this process is delivered at ……, Lagos State, the last known address
of the Defendant, there is reasonable probability that the processes would in ordinary course, come
to her knowledge.
6. That unless this application is granted, the Applicant may not be able to pursue this matter to fruitful
conclusion.
7. That it is in the interest of justice that this application is granted.
8. That the Defendant will not be prejudiced if this application is granted.
9. I make this affidavit conscientiously believing the same to be true and by virtue of the provisions
of the Oaths Act.
....................................
Deponent
Sworn to at the High Court Registry, Lagos
This........ Day of ............................................ 2024
BEFORE ME

COMMISSIONER FOR OATHS

32
 IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: …………………
MOTION:………………….
BETWEEN:
JONAH JAKADA ………………….……………………….. CLAIMANT/APPLICANT
AND
JAMILA OKEKE ..………………………………….… DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF THE MOTION FOR SUBSTITUTED SERVICE

1.0 Introduction
The motion ex-parte dated …….day of…..2024 was filed in Suit No………….. by the Claimant pursuant
to the procedural rule of this Honourable Court, praying for the leave of the Court to effect substituted
services of the processes on the Defendant by conspicuously pasting same on the wall or entrance door of
the Respondent at her last known address.

2.0 Brief Statement of Fact

The Claimant/Applicant filed an action for recovery of money from the defendant/Respondent at the High
Court of Lagos State. The Claimant/Application and the Defendant/Respondent graduated from the Kano
Campus of Nigerian Law School in 2015. When they were at the Law School, they were very close that all
their friends wished they could eventually be couples. Immediately after their graduation, they decided to
settle in Lagos to establish their law firm. As they were in need of money, Mr. Jonah Jakada met his uncle
Danlami Uchechukwu who agreed to give them the sum of N5,000,000.00 as a loan. An agreement was
executed for the loan between Jonah and his uncle that the money would be paid within the first year of the
establishment of the law firm. Jonah and Jamila being lawyers, also signed a separate agreement between
them that the payment of the loan obtained from Danlami would be made by them. Jamila was given the
sum of Two Million Five Hundred Thousand to purchase all the necessary furniture for the law firm. Jonah
was also given the sum of Two Million Five Hundred Thousand and tasked with securing a convenient
place for the law firm and use the money for payment of two years rent. Jonah successfully secured a place
for the law firm at No 123, Oba Akran Street, Obalande and paid the two years rent. However, to Jonah’s
dismay Jamila converted the money for her own use by travelling to Dubai for shopping, Kenya for tourism
and India for medical checkup.
My lord, in support of this application is a nine paragraphs affidavit deposed to by the Applicant in respect
of this matter. We humbly relied on all paragraphs of the said affidavit.

3.0 Issues for Determination

Whether the Claimant/Applicant has placed sufficient materials before this Honourable Court to grant this
application.

4.0 Legal Argument

The Claimant/Applicant submits that the answer to this issue is in the affirmative. The affidavit in support
of the application which reliance is placed upon has disclosed the reasons for this application. Therefore
the Claimant/Applicant has placed sufficient material before this court for the grant of the application. More
so, the law is settled that, where personal service of court processes is not possible on a
Defendant/Respondent, an application for substituted service via motion ex parte can be made.
See the case of United Nigeria Press Ltd v. Adebanjo (1969)1 All NLR 431. This court can only assume
jurisdiction in this matter, when the Defendant is served.
33
5.0 Conclusion
In summation, it is humbly submitted that:
a) This court has the power to order substituted service on the Defendant/Respondent.
b) This court cannot assume jurisdiction over this suit, when the Defendant/Respondent is not served.
c) Sufficient facts have been placed before this Honourable Court to enable it exercise its discretion in
favour of the Claimant/Applicant.
This Honourable court is urged to graciously grant the application as prayed.

6.0 List of Authorities

1. United Nigeria Press Ltd v. Adebanjo (1969)1 All NLR 431

Dated the 5th day of March 2024.

……………………..
J. S Idowu Esq.,
Group Six & Co.,
Claimant/Applicant’s Counsel,
No.1, NLS Road, Bwari, Abuja.
Email: [email protected]
Tel: 08035906999

Where Jamila's counsel is out to time to file her defence, her counsel shall by way of MOTION ON
NOTICE make an application to the for Extension of Time.
This Application is by way of Motion on Notice supported by Affidavit and Written Address.
The Affidavit should state reason why Jamila's counsel couldn't enter appearance to defend within the
prescribed time.
The Written Address would be from the point of law. It should state why the court should grant the Motion
in interest of Justice making appropriate references to statutory provisions and case laws.

ANSWER TO QUESTION C

HOW TO MOVE THE MOTION

Before this Honourable Court is an application brought by Motion Ex-Parte for the leave of the Court to
effect service of the processes in this suit on the Defendant by substituted means with Motion No ……
dated 5th day of March, 2024 and filed on the same date.
The motion is brought pursuant to Order 43 of the Rules of this Honourable Court and under the inherent
jurisdiction of this Court.
My lord, the said application is seeking for the following reliefs
1. AN ORDER OF THIS HONOURABLE COURT granting leave to the
Claimant/Applicant to effect the service of originating process in this suit herein and other

34
 subsequent processes on the Respondent by conspicuously pasting same on the wall or entrance
door of the Respondent at her last known address at No.10 …………., Lagos State.
2. And for such further order or other orders as this Honourable Court may deem fit to make in the
circumstances.
My lord, our motion is supported by a nine paragraphs affidavit deposed to by Mr. Jonah Jakada, the
Applicant in this suit. We rely on all the paragraphs of the affidavit. Accompanying the affidavit is one
exhibit marked ‘Exhibit A’.
Also, in compliance with the Rules of the Court, we have filed a written address dated 5th day of March in
support of our application. We wish to adopt same as our oral argument.
We humbly pray this Honourable Court to grant our application. We are grateful, My Lord.

ANSWER TO QUESTION D

(Application for Extension of Time to Defend)

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO: HC/LG/CV/02/2024

MOTION NO:……………………….

BETWEEN
MR. JONAH JAKADA..……………………………………….. CLAIMANT/RESPONDNET
AND
MS. JAMILA OKEKE ……………………………………………..DEFENDANT/APPLICANT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 48 RULE 4 AND ORDER 43 RULE 1 OF THE HIGH
COURT OF LAGOS (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 ……2024 at the hour of 9
O’ clock in the forenoon or soon thereafter as Counsel to the Defendant/Applicant may be heard praying
for the following:
1. AN ORDER for extension of time within which to file the Defence of the Defendant/Applicant.
2. AND FOR SUCH FURTHER ORDER OR ORDER(S) as this honourable Court may deem fit to
make in the circumstances.

Dated This …………. Day of ……………2024

………………………
Bako Okoro Esq.
Counsel to the Defendant/Applicant
Group 6 Solicitor & Co.
No 5 Law School Drive, Bwari, FCT Abuja
35
 Email: [email protected]
Tel: 08035094489
FOR SERVICE ON:
Terry Ojo, Esq.
Terry & Co. Chambers
No. 290, Beside Iko Road,
Ikoyi, Lagos
Email: [email protected]
Tel: 08034667734

Affidavit in Support for Motion for Extension of Time to Defend

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO: LHC/LAG/CV/02/2024

MOTION:………………….

BETWEEN
MR. JONAH JAKADA ..……………………………………….. CLAIMANT/RESPONDNET
AND
MS. JAMILA OKEKE ……………………………………………..DEFENDANT/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I Jude Etim, Male, Adult, Nigerian Citizen of No. B2 Kaura District, House No. 40 Ajayi Close, Gudu,
Abuja.
1. I am a Legal Practitioner in the Law office of Bako Okoro Esq., Group 6 Solicitors & Co.
2. By virtue of my position, I am conversant with the facts of this case.
3. I have the consent and authority of my employer to depose to this affidavit.
4. I have been informed by Bako Okoro Esq., the lawyer handling the case of the defendant/applicant
and believe him to be true as follows:
a) The Court ordered the defendant to file his defence within 42 days of this application.
b) The Defendant/Applicant has been sick and had to travel to India for medical check-up for long
time which coincides with the time within which to file the defendant defence.
c) The sickness necessitated her travel to India for medical check-up.
d) That she wanted to file the said statement of defence but due to the nature of the sickness could
not permit her to do so.
e) The said statement of defence is now ready for filling and has been shown to me and hereby
attached as Exhibit marked “A”
5. The Claimant/Respondent will not be prejudice by the grant of this application.
6. It is in the interest of justice to grant this application.
7. I depose to this affidavit in good faith and in accordance with Oath Act.

Dated This …………. Day Of ……………2024

36
 ………………………..
DEPONENT
SWORN to at the High Court Registry
Lagos State
This ………day of ………….2024

BEFORE ME
………………………
COMMISSIONER FOR OATHS

Written Address in Support of Motion for Extension of Time to Defend

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO:HC/LG/CV/02/2024
MOTION:………………….

BETWEEN
MR. JONAH JAKADA..……………………………………….. CLAIMANT/RESPONDNET
AND
MS. JAMILA OKEKE ……………………………………………..DEFENDANT/APPLICANT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE

1. INTRODUCTION
My Lord this motion is brought pursuant to Order 48 Rule 4 and Order 43 and Rule 1 of the High Court
(Civil Procedure) Rules, Lagos State 2019 under the inherent jurisdiction of the honourable court.
My Lord the motion seeks for the following reliefs:
a) An Order of this Honourable Court for the extension of time within which to file the defence of the
defendant
b) And for such further orders as the Honourable Court may deem fit to make in the circumstances.
c) The motion is supported by a 7 paragraphs affidavit and we intend to rely on all the depositions
therein particularly paragraph 4 (a- e) and 5.

2. BRIEF STATEMENT OF FACT

The Claimant/Applicant filed an action for recovery of money from the defendant/Respondent at the High
Court of Lagos State. The Claimant/Application and the Defendant/Respondent graduated from the Kano
Campus of Nigerian Law School in 2015. When they were at the Law School, they were very close that all
their friends wished they could eventually be couples. Immediately after their graduation, they decided to
settle in Lagos to establish their law firm. As they were in need of money, Mr. Jonah Jakada met his uncle
Danlami Uchechukwu who agreed to give them the sum of N5,000,000.00 as a loan. An agreement was
executed for the loan between Jonah and his uncle that the money would be paid within the first year of the
establishment of the law firm. Jonah and Jamila being lawyers, also signed a separate agreement between
37
them that the payment of the loan obtained from Danlami would be made by them. Jamila was given the
sum of Two Million Five Hundred Thousand to purchase all the necessary furniture for the law firm. Jonah
was also given the sum of Two Million Five Hundred Thousand and tasked with securing a convenient
place for the law firm and use the money for payment of two years rent. Jonah successfully secured a place
for the law firm at No 123, Oba Akran Street, Obalande and paid the two years rent. However, to Jonah’s
dismay Jamila converted the money for her own use by travelling to Dubai for shopping, Kenya for tourism
and India for medical checkup.
My lord, in support of this application is a seven paragraphs affidavit deposed to by the Applicant in
respect of this matter. We humbly relied on all paragraphs of the said affidavit.

3. ISSUE FOR DETERMINATION

My Lord we raise only one issue for determination in this application.
Whether this honourable Court has power to extend the time within which to file the defence of the
defendant.

4. LEGAL ARGUMENT
My Lord, we respectively submit that this Honourable Court has power to extend the time within which to
file a defence after the initial time has elapsed.

We respectively refer his Lordship to Order 48 rule 4 of the High Court of Lagos (Civil Procedure) Rules,
2019 which states:
“The Judge may, as often he deems fit, and either before or after the expiration of the time appointed by
these Rules or by any judgment or order of the Court, extend or adjourn the time for doing any act or taking
any proceeding”. Provided that the party who defaults in performing an act within the time authorized by
the Judge or under these Rules, shall pay to the Court a fee of N1,000.00 (One Thousand Naira) for each
day of such default at the time of compliance.

My Lord going by the above cited Rules of this Honourable Court, we respectively submit that this
Honourable Court has power to extend the time within which to file Defendant’s defence as it is in the
interest of justice to do so.
My Lord, it is also our submission that the exercise of power to grant or refuse of the application for the
extension of time is in the discretion of the court bearing the interest of the parties and while exercising the
discretion the court must act judicially and judiciously.
We respectively refer his Lordship to the Court of Appeal decision in Ezechukwu v. Onwua (2006) 2
NWLR (Pt. 963) P. 151, where the Court Appeal held that the exercise for grant of extension of time is in
the discretion of the court which must be exercise judicially and judiciously. See the case of United Nigeria
Press Ltd v. Adebanjo All NLR 431. This court can only assume jurisdiction in this matter, when the
Defendant is served.

5. CONCLUSION
We respectively submit that the Honourable Court has power and discretion to grant the application and we
urge the court to do as it is in the interest of justice.

6.0 LIST OF AUTHORITIES

i. Order 48 rule 4 of the High Court of Lagos (Civil Procedure) Rules, 2019
ii. Ezechukwu v. Onwua (2006) 2 NWLR (Pt. 963) P. 151
iii. United Nigeria Press Ltd v. Adebanjo All NLR 431.

Dated This …………. Day of ……………2024

38
 ……………………
Bako Okor Esq.
Counsel to the Defendant/Applicant
Group 6 Solicitor & Co.
No 5 Law School Drive
Bwari, FCT Abuja
Tel: 0803504489
FOR SERVICE ON:
Terry Ojo, Esq.
Terry & Co. Chambers
No. 290, Beside Iko Road,
Ikoyi,
Lagos
Tel No…………………
Email………………….

ANSWER TO QUESTION E

HOW TO MOVE THE MOTION

1. My Lord, before this honourable court is an application for motion on notice for extension of time
dated 4th day of March 2024, and filed on 5th day of March 2024 accompanied with an affidavit and
a written address. I see the leave of this honuourable court to proceed.
2. My Lord, the motion on notice is brought pursuant to Order 43 Rule 1 High Court Civil Procedure
Rules of Lagos State 2019 and under the inherent jurisdiction of the court.
3. My Lord, the motion on notice is praying this honourale court to grant an interim injunction
restraining the defendant/respondent from the relief sought.
4. My Lord, this motion on notice is supported by a 7 paragraph affidavit deposed to by one Jude Etim.
My Lord, we seek to rely on all the paragraphs of the affidavit, particularly (3-5). Accompanying
the affidavit is one exhibit marked Exhibit “A”
5. My Lord, we urge this honourable court to grant our application.

ANSWER TO QUESTION F

The Claimant will file a Counter Affidavit and to be supported with a Written Address.

39
ANSWER TO QUESTION G
Counter Affidavit on Motion for Extension of Time to Defend

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO: HC/LG/CV/02/2024

MOTION:………………….

BSTWEEN

MR. JONAH JAKADA ..………………………………….. CLAIMANT/APPLICANT

AND
MS. JAMILA OKEKE ……………………………………..DEFENDANT/RESPONDENT

COUNTER AFFIDAVIT IN SUPPORT OF MOTION

I Jude Etim, Male, Adult, Christian, Nigerian citizen of No. B2 Kaura District, House No. 40 Ajayi Close,
Gudu, Abuja.
1. That I am the Litigation Secretary in the Law office of Bako Okoro Esq., Group 6 Solicitors & Co.
2. That by virtue of my position, I am conversant with the facts of this case.
3. That I have the consent and authority of my employer and Applicant to depose to this affidavit.
4. That I have been informed by Bako Okoro Esq., the lawyer handling the case of the
Claimant/Applicant and believe him to be true as follows:
a) That the Court should not grant the defendant application to file his defence as the case has
suffered series of adjournment at the instance of the claimant/Applicant.
b) That the statement in paragraph 4(b) is not true.
c) That the defendant travelled on business trip to India and did not went for any medical check-
up as aver the statement of defence.
d) That the said statement of defence not file by the defendant is deliberate. The
Claimant/Respondent will suffer great hardship and injustice if this application is not granted
5. That the written statement of the Claimant/Respondent for filing as shown to me is hereby annexed
as Exhibit “D”
6. It is in the interest of justice to grant this application.
7. I depose to this affidavit in good faith believing the same to be true and by virtue of the provision
of the Oath Act.

DATED THIS …………. DAY OF ……………2024

………………………..
DEPONENT
SWORN to at the High Court Registry, Ikeja
Lagos State
This ………day of ………….2024

BEFORE ME

COMMISSIONER FOR OATHS

40
Written Address in Support of Counter Affidavit

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO: HC/LG/CV/02/2024

MOTION:………………….

BSTWEEN

MR. JONAH JAKADA ..……………………………………. CLAIMANT/APPLICANT

AND
MS. JAMILA OKEKE ………………………………………..DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF COUNTER AFFIDAVIT

1.0 INTRODUCTION
On ……..day of ……..2024, The Defendant/Respondent file a motion before this Honourable court seeking
an Order for Extension of Time to file his defence. The said motion was brought Pursuant to Order 48 Rule
4 and Order 43 and Rule 1 of the High Court of Lagos State (Civil Procedure) Rules, 2019 under the
inherent jurisdiction of the honourable court. In respond to this, the Defendant/Respondent has filed a
counter affidavit, deposed to by Jude Etim, a Clerk of the Defendant.
My Lord the motion seeks for the following reliefs:
a) An Order of this Honourable Court to refuse to grant the extension of time within which to file the
defence of the defendant
b) And for such further orders as the Honourable Court may deem fit to make in the circumstances.
c) The motion is supported by a 7 paragraphs affidavit and we intend to rely on all the depositions
therein particularly paragraph 4 (a- e) and 5.

2. BRIEF STATEMENT OF FACT

The defendant is seeking the leave of this Honourable court for the extension of time to enable filing of
motion on notice on the Claimant. The Claimant is claiming the sum of (N2,500,000.00) Two Million Five
Hundred Thousand Naira only that was given to the Defendant to purchase necessary furniture for the law
firm. However, to the Claimants dismay, the Defendant converted the money for her own use by traveling
to Dubai for shopping, Kenya for tourism and India for medical checkup.

3. ISSUE FOR DETERMINATION

My Lord we raise only one issue for determination in this application.
Whether this honourable Court has power to refuse to extend the time within which to file the defence of
the defendant?

4. LEGAL ARGUMENT
My Lord, we respectively submit that this Honourable Court has power to refuse to extend the time within
which to file a defence after the initial time has elapsed.

We respectively refer his Lordship to Order 48 rule 4 of the High Court of Lagos (Civil Procedure) Rules,
2019 which states:
41
“The Judge may, as often he deems fit, and either before or after the expiration of the time appointed by
these Rules or by any judgment or order of the Court, extend or adjourn the time for doing any act or taking
any proceeding”.
My Lord going by the above, cited Rules of this Honourable Court, we respectively submit that this
Honourable has power to refuse to extend the time within which to file Defendant’s defence as it is in the
interest of justice to do so.
My Lord, it is also our submission that the exercise of power to refuse to grant the application for the
extension of time is in the discretion of the court bearing the interest of the parties and while exercising the
discretion the court must act judicially and judiciously.
We respectively refer his Lordship to the Court of Appeal decision in Ezechukwu v. Onwua (2006) 2
NWLR (Pt. 963) P. 151, where the Court Appeal held that the exercise for grant of extension of time is in
the discretion of the court which must be exercise judicially and judiciously.

5. CONCLUSION
We respectively submit that the Honourable Court has power and discretion to refuse the application and
we urge the court to do as it is in the interest of justice.

6. LIST OF AUTHORITIES
i. Ezechukwu v. Onwua (2006) 2 NWLR (Pt. 963) P. 151
ii. Order 48 rule 4 of the High Court of Lagos (Civil Procedure) Rules, 2019

Dated This …………. Day of ……………2024

………………………
Bako Okor Esq.
Counsel to the Claimant/Applicant
Group 6 Solicitor & Co.
No 5 Law School Drive
Bwari, FCT Abuja
Tel: 0803504489
FOR SERVICE ON:
Defendant Counsel
Terry Ojo, Esq.
Terry & Co. Chambers
No. 290, Beside Iko Road,
Ikoyi,
Lagos
Tel No…………………
Email………………….

ANSWER TO QUESTION H.

The Application by Jamila's Counsel is an Application for Extension of Time brought by way of Motion
on Notice supported by Affidavit and Written Address.

Jonah's counsel having already filed a Counter Affidavit supported by a written Address (Or 43 Lagos state
HCCPR)
In response to the argument in opposition by Jamila's counsel, Jonah's Counsel's response shall be:
42
My Lord, we vehemently oppose this application. In doing so, we have filed a counter affidavit of 7
paragraphs deposed to by the respondent himself. We have attached exhibits (if any) to the said counter
affidavit marked as Exhibits (if any). We rely on all the paragraphs of our counter affidavit (you can rely
on particular paragraphs if necessary) and the accompanying exhibits.

We have also filed a written address along with the counter affidavit. We adopt same before this Honourable
court. We have listened to the oral submission of learned counsel to the Applicant. We align ourselves to
all statutory provisions and case law cited in our written address guiding the Application of extension of
time.

We urge this Honourable Court to dismiss this application.

ANSWER TO QUESTION I
The application that would be filed to prevent her from auctioning the plots is motion for interim injunction.

Draft of all processes in the application

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: ………………….
MOTION NO: ……………..
BETWEEN:
JONAH JAKADA ………………….……………………….. CLAIMANT/APPLICANT
AND
JAMILA OKEKE ..………………………………….… DEFENDANT/RESPONDENT
MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 38 RULE 4 OF THE HIGH COURT OF LAGOS (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 ……………….. 2024 at the
hour of 9 o’clock in the forenoon or soon thereafter as counsel on behalf of the Claimant/Applicant can be
heard praying this Honourable Court for the following orders:
1. AN ORDER OF INTERIM INJUNCTION restraining the Defendant/Respondent, her agents,
servants, privies, or any persons acting for her or on her behalf from auctioning, selling, or dealing
whatsoever with that piece of land measuring two plots lying, being and situate at Agege, Lagos
State pending the hearing and determination of the Motion on Notice.
2. AND FOR SUCH FURTHER ORDER(S) this Honourable Court may deem fit to make in the
circumstances.
Dated the 5th day of March 2024.
……………………..
J. S Idowu Esq.,
Group Six & Co.,
Claimant/Applicant’s Counsel,
No.1, NLS Road,

43
 Bwari, Abuja,
Email: [email protected]
Tel: 08035904488

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: ………………….

MOTION:………………….

BETWEEN:
JONAH JAKADA ………………….……………………….. CLAIMANT/APPLICANT
AND
JAMILA OKEKE ..………………………………….………. DEFENDANT/RESPONDENT
AFFIDAVIT IN SUPPORT OF INTERIM INJUNCTION
I Jonah Jakada, Male, Adult, Legal Practitioner and Nigeria Citizen of No 123, Oba Akaran Street,
Obalende, Lagos do hereby make oath and state as follows:
1. I am the Claimant/Applicant in in this suit and by virtue whereof I am conversant with the facts
deposed to in this affidavit.
2. I am friend with the Defendant and as a result, we agreed to establish our law firm.
3. As we need money to establish the law firm, I approached my uncle, Danlami Uchechukwu who
agreed to give us the sum of N5,000,000.00 as a loan.
4. I entered into an agreement with my uncle that the money would be paid within the first year of the
establishment of the law firm. The agreement is hereby attached and marked as ‘Exhibit A’.
5. I also signed a separate agreement with the Defendant that we would both repay the loan obtained
from my uncle. The said agreement is hereby attached and marked as ‘Exhibit B’.
6. The sum of N2,500,000.00 was given to the Defendant to purchase all the necessary furniture for
the law firm.
7. The remaining N2,500,000 with me was used to secured a place for the law firm at No 123, Oba
Akran Street, Obalande, Lagos State and paid for two years rent as agreed with the Defendant.
8. To my dismay, the Defendant did not purchase any furniture for the law firm as agreed.
9. I know as a fact that the Defendant has converted the money for her own use by traveling to Dubai
for shopping, Kenya for tourism and India for medical checkup.
10. I also know as a fact that the Defendant has used part of the money to purchase two plots of land at
Agege, Lagos State.
11. I know that immediately the Defendant learnt about this action against her, she quickly advertised
in a local daily that the plots are on auction. The copy of the said advert is hereby attached and
marked as ‘Exhibit C’.
12. I know that the only way to stop the Defendant from auctioning or dealing with the said land is by
the grant of this application.
13. If the Defendant is allowed to auction the plots, it will be difficult to reap the success of this suit if
finally determined in my favour.
14. I have not delayed in bringing this application.
15. It is in the interest of justice that this application is granted.
44
 16. The Defendant will not be prejudiced if this application is granted.
17. I make this oath in good faith conscientiously believing the contents to be true and correct and in
accordance with the Oaths Act.
18. ..……………
DEPONENT
Sworn to at The High Court Registry, Lagos
This ……….. Day of ……………………………………… 2024

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: ………………….
MOTION:………………….
BETWEEN
JONAH JAKADA ………………….……………………….. CLAIMANT/APPLICANT
AND
JAMILA OKEKE ..………………………………….… DEFENDANT/RESPONDENT
WRITTEN ADDRESS IN SUPPORT OF MOTION EX-PARTE
1. INTRODUCTION
My lord, the Applicant brought this application pursuant to the procedural rule of this Honourable Court,
praying for the leave of the Honourable Court to restrain the Defendant/Respondent, her agents, servants,
privies, or any persons acting for her or on her behalf from auctioning, selling, or dealing whatsoever with
that piece of land measuring two plots lying, being and situate at Agege, Lagos State pending the hearing
and determination of the Motion on Notice.
My lord, in support of this application is a seventeen paragraphs affidavit deposed to by the Applicant in
respect of this matter. We humbly relied on all paragraphs of the said affidavit.
2. BRIEF STATEMENT OF FACT
The Claimant is claiming the sum of (N2,500,000.00) Two Million Five Hundred Thousand Naira only that
was given to the defendant to purchase necessary furniture for the law firm. However, to the Claimants
dismay, the Defendant converted the money for her own use by traveling to Dubai for shopping, Kenya for
tourism and India for medical checkup.

3. ISSUE FOR DETERMINATION

The sole issue that arose for your Lordship determination is:
Whether the court ought to grant the application for interim injunction in the circumstances of the
instant case.
45
4. LEGAL ARGUMENT
The law is that where there is urgency and a threat to the res, in the instance, the court may make an order
of interim injunction restraining parties from destroying the res. Thus, this order is made to preserve rights
of party as provided by Order 38 Rule 1 Lagos State High Court Civil Procedure Rules, 2019. Also in the
case of Obeya Memorial Hospital Anor v AGF & Anor (1987) 7 SCNJ 42, the court set out the conditions
that must be satisfied in order to be entitled to an order of injunction. The conditions that an applicant must
satisfy are as follows:
i. Existence of a legal right;
ii. Substantial issues to be tried;
iii. Balance of convenience;
iv. Whether damages will be adequate;
v. Conduct of the parties; and
vi. Undertaking as to damages.
See also Buhari v Obasanjo (2003) 8 NWLR (Pt. 983) 587 at 648-649, Uket v Okpa (2006) 8 NWLR (Pt.
983) 464 at 471, ACB v Awogboro (1991) 12 NWLR (Pt. 17) at 719 paras.D-E
The Claimant/Applicant from the affidavit has shown that he has a legal right in restraining the defendant
in auctioning the two plots of land in Agege Lagos State, the award of damages will not be adequate to
compensate the Claimant/Applicant in the circumstances of the case.

Finally, the Claimant/Applicant has undertaken to pay damages if it turns out that the application sought
not to have been granted. The Claimant/Applicant has conducted himself in a civil manner by resorting to
law enforcement agents and legal means only to recover the money.

5. CONCLUSION
In summation, it is humbly submitted that:
i. The Claimant/Applicant has shown that he has a legal right to the recovery of the money from the
defendant/Respondent as the defendant be restrained from selling the plots of land.
ii. The Claimant/Applicant has shown by his actions that he is worthy of sympathetic consideration by
the court granting the application
iii. Having considered the foregoing, we humbly urge your lordship to grant our prayers as prayed on
the motion paper.

6. LIST OF AUTHORITIES
i. Order 38 Rule 1, 4 and 8 of Lagos State High Court (Civil Procedure) Rules of 2021
ii. Obeya Memorial Hospital Anor v AGF & Anor (1987) 7 SCNJ 42,
iii. Buhari v Obasanjo (2003) 8 NWLR (Pt. 983) 587 at 648-649,
iv. Uket v Okpa (2006) 8 NWLR (Pt. 983) 464 at 471,
v. ACB v Awogboro (1991) 12 NWLR (Pt. 17) at 719 paras.D-E
Dated the 5th day of March 2024.
………….......................
J.S Idowu Esq,
Group Six & Co,
Claimant/Applicant’s Counsel,
No. 1, Nigerian Law School Road,
Bwari, Abuja
Email: [email protected]
Tel: 08035907788
46
ANSWER TO QUESTION J
The advice to the court official on the procedure and steps to take to absolve himself from liability is as
follows:
The application for relief is by interpleader summons.
1. Under the Lagos Rules, where there is a pending suit and the applicant is a defendant, application
for relief may be made at any time after service of the originating process. See O. 47 r. 5 Lagos. O.
48 r. 5 Abuja
2. The Summons calls on the claimants to appear in court and state the nature and particulars of their
claims and either to maintain or relinquish them.
3. When the claimants appear in obedience to the Summons, the Judge may make the following orders:
a) He may dismiss the application if, for example the conditions for bringing the application
are not fulfilled;
b) He may order that any claimant be made a defendant in any action commenced in respect of
the subject matter in dispute in lieu of or in addition to the applicant;
c) He may order that an issue between the claimants be stated and tried and also direct who
among the claimants should be claimant and defendant respectively.
4. Where the question between the claimants is a question of law and facts are not in dispute, the judge
may either decide the question without directing the trial of an issue or order that a special case be
stated for the opinion of the judge. O 47. R. 7 Lagos, O. 48 r. 8 Abuja.

47
WEEK 7: 12TH MARCH, 2024

PRE CLASS ASSIGNMENT

SCENARIO
Fiasco Nigeria Limited (Agro –processing company) in 2015 entered into partnership with Conash Nigeria
Ltd in Bwari Abuja to execute a contract in the sum of N100, 000,000,00 jointly, for the setting up of a
Farm Centre in Gwagwalada which contract had been advertised by the Federal Ministry of Agriculture.
The proceeds from the contract would be used to buy six plots of land in Bwari, Abuja and shared to the
two where both companies will build befitting offices. The contract was executed and money paid to Fiasco
Nig Ltd for the benefit of the two partners but Fiasco Nig Ltd failed to buy a land, instead it bought farm
implements for its use. There has been a rift and cold war between the two partners: Fiasco Nig Ltd and
Conash Nig Ltd. A settlement meeting was held to avert an impending legal action by Conash Nig Ltd
wherein Fiasco Nigeria Ltd agreed that it would compensate Conash Nig Ltd by awarding a contract to it
for the supply of seeds. It was also agreed that the supply of seeds will cost N20Million but the contract
sum would be inflated with 50Million to compensate Conash Nig Ltd for the failure of Fiasco Nig Ltd to
buy the Plots of Land agreed under the partnership of 2015. It was however agreed that where Conash Nig
Ltd fails to supply the contract within the stipulated time, it will lose its interest and claim in the proceeds
of 2015 partnership as well as refund the contract sum advanced.
On the 20/3/2022, Fiasco Nig Ltd at Maitama Abuja, pursuant to the settlement agreement awarded
contract to Conash Nigeria Limited in the sum of N70,000,000.00 for the supply of Genetically Modified
Seeds. In the Contract, it was agreed, in addition to the agreed terms of settlement meeting, that the seeds
should be supplied within six months and that Fiasco Nigeria Limited shall pay 50% of the contract sum
in advance. The balance of 50% shall be paid on the supply of the seeds. On 21/3/2022 (a day after the
contract was formalized) Fiasco Nigeria Limited paid the sum of N35, 000,000.00 to Conash Nigeria
Limited. On the 21 April 2022, Fiasco Nigeria Ltd also awarded another contract through its company in
Lagos to Bam Bam Nigeira Ltd, of No. 6 Ikeja Lagos. The contract was in the sum of N100,000,000 for
the supply of Farm Implements. The contract was signed at the Ikoyi office of Fiasco Nig Ltd. Both
Companies, Conash Nigerian Ltd and Bam Bam Nig Ltd failed in their contractual obligations. Fiasco
intends to institute and action against both Companies. Assuming you are a lawyer for fiasco Nig Ltd.
TASKS:
1. What procedures will you adopt to expeditiously recover the sums advanced alone to Conash Nig Ltd
and Bambam Nigeria Ltd.
2. Assuming Fiasco Nig. Ltd wishes to recover the contract sum advanced as well as seek an order
foreclosing Conash Nig Ltd from making claims as regards 2015 partnership. What procedure will you
advise him to adopt. Will your answer be different if you wish to recover the advanced sum only? And
why.
3. Assuming you filed an action against Conash Nig Ltd seeking the judgment sum and an order to foreclose
of the right to make claims pursuant to the partnership agreement and Conash Nig Ltd failed to file a defence
which led to the Court’s judgment in your favour. What will you call the judgment? What is the deference
between the judgment and a judgment in a claim to recover judgment sum alone?
4. Compare and list the similarities as well as the differences between the Undefended List Procedure in
the FCT rules and Summary Judgment procedure under Order 11 & 13 Abuja and Lagos rules.
5. List the processes to be filed in actions commenced in Abuja against Conash Nig Ltd if the Lawyer
decides to adopt the Undefended List on the one hand and those to be filed in the procedure under Order
11 & 13 in Abuja & Lagos where he intends to commence an action against Conash Nig ltd and Bambam
Nig. Ltd. in Abuja and Lagos respectively.
6. As Counsel to Fiasco Nigeria Limited in the above case study, draft the Application for summary
judgment with supporting documents for the purpose of applying for the appropriate Summary Judgment
in Abuja.
48
7. As Counsel for the Defendant in Abuja, draft the counter Affidavit and written brief for purposes of
defending the case on the merit.
8. Assuming after the processes filed in an application for summary judgment was served on the Defendant
the Defendant fails to file any processes and also fails to appear on the date the case comes up before the
court, what step should the Claimant’s counsel take?
9. Assuming as counsel, you filed the action against the two companies in Abuja claiming that the Claimant
is in Abuja hence you don’t need to go to Lagos and you instituted the action under the general cause list
instead of summary judgment, identify and draw up a list of ethical issues likely to arise in an application
for Summary Judgment. What are the duties of a Lawyer in a Summary Judgment Procedure?

ANSWER TO QUESTION 1
Where a Claimant believes that there is no defence ot his claim, he may file with his Originating Process,
the Statement of Claim, a list and copies of documents to be relied upon, a list and the depositions of his
witnesses and an application for summary judgment supported by an affidavit stating the grounds for his
belief, and a written brief in respect of same. See Order 11 of Abuja and Order 13 of Lagos.

The claimant can use Undefended List O. 35 of the Abuja High Court (Civil Procedure) Rules 2018 to
recover the sums advanced to Conash Nig.Ltd since the agreement was made in Abuja. And use Order 13
Procedure under the High Court of Lagos (Civil Procedure) Rules, 2019 to recover the sums advance to
Bambam Nigeria Ltd since the company is in Lagos.
The procedure are as follows'
1. The claimant submit application for summary judgment
2. Attached extra copies of processes and documents
3. Service of processes and documents
4. Where a defendant intends to defend, he shall do so by submitting his statement of defence, depositions
of his witnesses, exhibits to be used in his defence, counter affidavit and a written brief on reply to the
application for summary judgment
5. Where it appears to the court that a defendant has a good defence and ought to be permitted to defend
the claim he may be granted leave to defend.
Where it appears to the court that the defendant has no good defence that court may enter judgment for a
claimant.
6. Where there are several defendants and it appears to the court that any of the defendants has a good
defence and ought to be permitted to defend the claim and other defendants have a good defy and ought not
to be permitted to defend the former may be permitted to defend and the court shall enter judgment against
the later.

ANSWER TO QUESTION 2
They are advised to make use of Order 11 Procedure under Abuja Rules to recover the contract sum
advanced as well as seek an order foreclosing Conash Nig Ltd from making claims as regards 2015
partnership. See Order 11 Abuja Rules.

Yes, our answer will be different if Fiasco Nig. Ltd wish to recover the advanced sum only. They can use
the Undefended List. Undefended List is a procedure under the Abuja Rules to recover a debt or liquidated
money demand supported by an affidavit stating the grounds on which the claim is based, and stating that
49
the deponent’s belief there is no defence to it, the Judge in chambers shall enter the suit for hearing of the
matter. See Order 35 of Abuja Rules.

ANSWER TO QUESTION 3
In respect of the fact that Conash Nig Ltd failed to file a defence which led to the court’s judgement made
in the claimant’s favour, such type of judgement will be called a default judgement. A default judgment is
resorted to where the defendant has failed, neglected and or refused to either enter appearance or file his
defence. Once a default judgment is entered, the claimant can then request that the court issue an order to
foreclose on the defendant's property.

The difference between a default judgment and a judgment in a claim to recover a judgment sum alone is
that a default judgment also allows the plaintiff to foreclose on the defendant's property. In other words, a
default judgment includes the judgment sum, plus an order for the foreclosure of the defendant's property.
On the other hand, a judgment in a claim to recover a judgment sum alone only includes the judgment sum,
but does not include an order for foreclosure.

Another difference is that a default judgment is often considered final, while a judgment in a claim to
recover a judgment sum alone may be subject to appeal and is based on merit.

ANSWER TO QUESTION 4
Similarities between Undefended List (Order 35 Abuja) and Summary Judgment Order 11 Abuja and Order
13 Lagos Rules
1. They are both summary judgment procedures
2. They both apply where the claimant believes that the defendant has no defence to an action.
3. They are both filed at commencement.
4. They are both commenced by writ of summons.
5. They are both supported by affidavit.
6. Both can be used for liquidated money demand.

Differences between Undefended List (Order 35 Abuja) and Summary Judgment Order 11 Abuja and Order
13 Lagos Rules
1. Undefended list relates to debt or liquidated money demand only while summary procedure relates
to all claims (liquidated and un-liquidated).
2. The time for filing a defence is at least is five (5) days before the date fixed for hearing under
undefended list while the time for filing a defence is 42 days (in Lagos) 21 days (in Abuja) from
service of the writ
3. Under Undefended list if the defendant intends to defend, he will file notice of intention to defend
while under summary judgment Order 11 Abuja and 13 Lagos it is by a statement of defence and
other documents.
4. Undefended list allows for only a final judgment whether the defendant files a defence or not while
Order 11 Procedure has two (2) types of judgment which are default judgment and judgment on
merits (final judgment).
5. As a general rule the court solely relies on affidavit evidence in the undefended list application- no
hearing of parties; parties/counsel are heard while the motion is moved under Order11/13.
6. No default judgment can result from the undefended list procedure; default judgment may arise in
Order11/13.
7. Return date differs – 5 days in the undefended list but 21 and 42 under Order 11 Abuja and Order
13 Lagos respectively.
50
ANSWER TO QUESTION 5
List the processes to be filed in actions commenced in Abuja against conash Nig. Ltd. If the lawyer decides
to adopt the undefended list on the one hand and those to be filed in the procedure under order 11 and 13
in Abuja and Lagos where he intends to commence an action against Conash Nig. Ltd. And Bambam Nig.
Ltd in Abuja and Lagos respectively. The processes to be filed under order 11 and 13 procedure Abuja and
Lagos where he intends to commence an action against Conash Nig. Ltd. In Abuja and Lagos; are as
follows:
1. Writ of summons,
2. Statement of claim.
3. Deposition of witnesses.
4. List and copies of documents to be relied upon (exhibits)
5. Application for summary judgement that is, a Motion on notice.
6. An affidavit in support, stating grounds for belief that there is no defence to the action.
7. Written brief.
8. Certificate of pre-action counseling as in form 6 in the case of Abuja.
While if the lawyer decides to adopt the undefended list procedure under Order 35, the claimant shall file
the following:
1. The writ of summons.
2. Affidavit in support stating
a. The grounds on which the claim is based.
b. That in the deponent's belief, there is no defence to the action.
3. Certificate of pre-action counseling as in form 6

ANSWER TO QUESTION 6

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO……………
BETWEEN
FIASCO NIGERIA LIMITED ……………………………………………..CLAIMANT
AND
CONASH NIG LTD ……………………………………………………….DEFENDANT

WRIT OF SUMMONS
To: Conash Nig. Ltd. ……........in the …………….of ………………………………………………..
You are hereby commanded that within fourteen 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 and take notice
that in default the claimant may proceed, and judgment may be given in your absence.
TAKE FURTHER NOTICE that parties shall maintain status quo.
Dated this ………………..day of ………………20…….
Registrar
………………………

51
 IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITATMA
SUIT NO………………
MOTION NO…………
BETWEEN
FIASCO NIGERIA LIMITED …………………………………CLAIMANT/APPLICANT
AND
CONASH NIG LTD …………………………………………DEFENDANT/RESPONDENT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 11 AND ORDER 43 OF HIGH COURT OF THE
FEDERAL CAPITAL TERRITORY (CIVIL PROCEDURE) RULES, 2018 AND UNDER THE
INHERENT JURISDICTION OF THE COURT

TAKE NOTICE that this honourable Court will be moved on the ……..day of ………2024 at the hour of
9 O’ clock in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant shall be heard praying
the court for the following
RELIEFS:
1. AN ORDER OF APPEARANCE AS DEFENDANT/RESPONDENT IN THE SUIT
2. AND FOR SUCH FURTHER ORDER OR ORDERS as this honourable Court may deem fit to
make in the circumstances.
Dated this 10th day of March 2024
………………………
Bako Okor Esq.
Counsel to the Claimant/Applicant
Group 6 Solicitor & Co.
No 5 Law School Drive
Bwari, FCT Abuja
Tel: 0803504489
FOR SERVICE ON:
Terry Ojo, Esq.
Terry & Co. Chambers
No. 90, Dara Avenue Road,
Bwari, Abuja
Tel No…………………

52
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITOTY
IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO……………..
BETWEEN:
FIASCO NIGERIA LIMITED………………..………………… CLAIMANT/ APPLICANT
AND
CONASH NIG. LTD.…………………………………………… DEFENDANT/ RESPONDENT

AFFIDAVIT IN SUPPORT OF SUMMARY JUDGEMENT IN UNDEFENDED LIST

I, Chideraa Anochirionye, Female, Christian, a Businesswoman, CEO of Fiasco Nigeria Ltd and Nigerian
Citizen of 1, Gongo Drive, Maitama, Federal Capital Territory do hereby make oath and state as follows:
1. That I am the Claimant/Applicant in this suit by virtue of which I am conversant with the facts of
this case.
2. That on the 20th day of March, 2022, the claimant contracted the defendant for the supply of
genetically modified seeds.
3. That the agreement between the parties is that the claimant will pay the defendant the sum of
N70,000,000 (seventy million naira) only for the supply of genetically modified seeds within six
months.
4. That the Claimant/Applicant also agreed to pay 50% (fifty percent) of the contract sum in advance
and on the 21st day of March, 2022, the claimant paid the sum of N35,000,000 (thirty-five million
naira) only to the Defendant/ Respondent, Conash Nigeria Ltd.
5. That the Defendant/Respondent failed to honour the contract and has been unreachable since.
6. That the claimant has made several efforts for the defendant/respondent to pay the sum but proved
abortive.
7. That I believe that the Defendant/Respondent has no defence to this action
8. That this application is brought in the interest of justice.
9. 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 Oath Act 2004.
...........…………………..
DEPONENT
Sworn to at the High Court Registry, Federal Capital Territory, Abuja.
Dated this 10th day of March 2024.
BEFORE ME

COMMISSIONER FOR OATHS

53
 IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE MAIATAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO………………
MOTION……………….
BETWEEN
FIASCO NIGERIA LIMITED …………………………………CLAIMANT/APPLICANT
AND
CONASH NIG LTD …………………………………………DEFENDANT/RESPONDENT

CLAIMANT/APPLICANT WRITTEN ADDRESS IN SUPPORT OF MOTION FOR SUMMMRY

JUDGMENT
1. Introduction
The present application which is made pursuant to Order 35 and Order 43 of the High Court of the Federal
Capital Territory (Civil Procedure) Rules, 2018. To seek the leave of this Honourable Court for Summary
Judgment. To further support this application is a 9 paragraphs affidavit deposed to by the applicant herself
attached as Exhibit “B”.

2. Statement of Brief Facts

The Claimant/Applicant entered a contract with the Defendant/Respondent on the 20th March 2022. The
Claimant for the supply of genetically modified seeds. The agreement between the parties is that the
claimant will pay the defendant the sum of N70,000,000 (seventy million naira) only for the supply of
genetically modified seeds within six months. the Claimant/Applicant also agreed to pay 50% (fifty percent)
of the contract sum in advance and on the 21st day of March, 2022, the claimant paid the sum of
N35,000,000 (thirty-five million naira) only to the Defendant/ Respondent, Conash Nigeria Ltd. The
Defendant/Respondent failed to honour the contract and has been unreachable since. The claimant has made
several efforts for the defendant/respondent to pay the sum but to no avail.

3. Issue for Determination

The issue for determination is whether the Claimant/Applicant is entitled to the leave of this honourable
court to enable him get summary judgment in his favour?

4. Legal Argument
The above issue for determination raised is answered in the positive. The Claimant is relying on Order 11
of the Abuja Rules. The Defendant/Respondent has refused to honour the contract agreement thereby
caused the Claimant/Applicant substantial injustice, hence the application for summary judgment in
accordance with Order 35 of this honourable court. We also relied on Ojah v. Ogboni (1976) 4 SC 69, UBN
PLC v. Sparkling Breweries Ltd (1997) 3 NWLR (pt. 491) 29, Adebisi Margregor Ass Ltd v N.M.B Ltd
(199) 2 NWLR (Pt. 431) 378

5. Conclusion
We urge this Honourable Court to grant the application for summary judgment in the interest of justice.

6. List of Authorities:
i. Order 35 of the FCT Abuja High Court (Civil Procedure) Rules 2018;
ii. Ojah v. Ogboni (1976) 4 SC 69,
iii. UBN PLC v. Sparkling Breweries Ltd (1997) 3 NWLR (pt. 491) 29.
iv. Adebisi Margregor Ass Ltd v N.M.B Ltd (199) 2 NWLR (Pt. 431) 378
54
Dated this 10th day of March 2024
Bako Okor Esq.
Counsel to the Claimant/Applicant
Group 6 Solicitor & Co.
No 5 Law School Drive
Bwari, FCT Abuja
Tel: 0803504489
FOR SERVICE ON:
Terry Ojo, Esq.
Terry & Co. Chambers
No. 90, Dara Avenue Road,
Bwari, Abuja
Tel No…………………
Email………………….

ANSWER TO QUESTION 7

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO………………
MOTION………………
BETWEEN
FIASCO NIGERIA LIMITED …………………………………CLAIMANT/APPLICANT
AND
CONASH NIG LTD ……………………………………………DEFENDANT/RESPONDENT

COUNTER AFFIDAVIT TO THE CLAIMANT’S/APPLICANT’S OF THE MOTION ON

NOTICE FOR SUMMARY JUDGMENT

I, Conakry Julius, Adult, Male, Businessman, and Nigerian Citizens of No. 23 Dara Street, Bwari, Abuja,
do hereby state and make oath as follows:
1. That I am the Chief Executive Officer and the Defendant/Respondent in this suit.
2. That by virtue of my position aforesaid, I am conversant with the facts of this case.
3. Contrary to the Claimant’s/Applicant’s deposition, this matter was filed on the 10th day of March,
2024.
4. That what Claimant’s/Applicant’s deposed is not true
5. That this case has suffered series of adjournment at the instance of the Claimant/Applicant.

55
 6. That the Claimant/Applicant has been delaying this case and this application of the
Claimant/Applicant is nothing but another ploy in disguise to further waste the time of this
honourable court and prevent the course of justice.
7. That the Defendant/Respondent will suffer great hardship and injustice if this application is granted,
because it is a calculated attempt at delaying the cause of justice.
8. That the Defendant/Respondent has filed all necessary process that it has to file and has called all it
witnesses, save for the last one that is to be cross-examined by the Claimant.
9. That the Defendant/Respondent would be prejudiced if this application is granted
10. I depose to this affidavit in good faith, conscientiously believing same to be true and correct in
accordance to the Oath Act currently in force.
…………..................................
DEPONENT
SWORN to at the High Court Registry, Federal Capital Territory, Abuja
Dated this 11th day of March, 2024

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO………………
MOTION NO…………
BETWEEN
FIASCO NIGERIA LIMITED …………………………………CLAIMANT/APPLICANT
AND
CONASH NIG LTD …………………………………………DEFENDANT/RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF COUNTER AFFIDAVIT TO THE CLAIMANT’S/

APPLICANT’S OF MOTION FOR SUMMARY JUDGMENT

1.0 INTRODUCTION
On 10th day of March 2024, the Claimant/Applicant filed a motion before this Honourable Court seeking
an Order for Summary Judgment in this Case. The said motion was brought pursuant to Order 11 and Order
43 of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2018. In response to this, the
Defendant/Respondent has filed a counter affidavit, deposed to by one Conakry Julius, Chief Executive
Officer of the Defendant.

2.0 BRIEF STATEMENT OF FACT

The Claimant/Applicant entered a contract with the Defendant/Respondent on the 20th March 2022. The
Claimant for the supply of genetically modified seeds. The agreement between the parties is that the
56
claimant will pay the defendant the sum of N70,000,000 (seventy million naira) only for the supply of
genetically modified seeds within six months. the Claimant/Applicant also agreed to pay 50% (fifty percent)
of the contract sum in advance and on the 21st day of March, 2022, the claimant paid the sum of
N35,000,000 (thirty-five million naira) only to the Defendant/ Respondent, Conash Nigeria Ltd. The
Defendant/Respondent failed to honour the contract and has been unreachable since. The claimant has made
several efforts for the defendant/respondent to pay the sum but to no avail

3.0 ISSUE FOR DETERMINATION

The sole issue formulated by the Defendant/Respondent for determination is as follows:
Whether the Claimant/Applicant has placed before this Court sufficient evidence to enable the Court grant
this Order sought?

4.0 Legal Argument

The above issue for determination raised is answered in the negative. At this junction, suffice to note that
Order 35 relied upon by the Claimant/Applicant, the defendant was not served with the processes and
documents referred in Rule 1 this Order. In our supporting affidavit, the Defendant/Respondent was not
served as provided in Order 35 of Abuja, hence the application for summary judgment should be denied.
Attached is a 10 paragraphs affidavit in support of the application as Exhibit “A”.

5.0 Conclusion
We urge this Honourable Court to discountenance the application for summary judgment in its entirety
because same does not disclose or affect the real issue before this court.

6.0 List of Authorities:

1. Order 35, and Order 43 FCT Abuja (Civil Procedure) Rules 2018.

Dated this 11th day of March 2024

Abu Felicia Esq.

Counsel to the Defendant/Respondent
No. 230 Along Kuduru Road,
Bwari, Abuja
Tel: 08035904570

FOR SERVICE ON:

The Claimant/Applicant Counsel.
Aliyu Kabir, Esq.
Plot 23, Beside Water Board
Area 3, Garki, Abuja
Tel:…………………..
Email:………………….

57
ANSWER TO QUESTION 8
Where a defendant does not enter appearance within the stipulated time; the claimant counsel shall make
an application to the court by way of Motion on Notice for Default Judgment Or 13 and Or 25 R 7 Abuja
and Or 30 R 4 and Or 20 R10 Lagos to be supported by Affidavit and Written Address.

ANSWER TO QUESTION 9
Ethical issues/duties of a lawyer arising from the scenario above are as follows:
1. General responsibility of a lawyer to maintain high standard of professional conduct such as
exploring pre-action counseling. Rule 1 of RPC
2. Duty of dedication and devotion to the cause of the client. Rule 14 RPC
3. Duty to represent client competently. Rule 16 of RPC
4. Duty of good faith and fairness among lawyers. Rule 27 RPC

58
WEEK 8: 19TH MARCH 2024

PRE-CLASS ASSIGNMENT: PLEADINGS

Crest Newspapers on Monday 5th November, 2022 published an interview granted by Engr. Abutu Nenfort
on the 30th of October 2022 in which he stated as follows: “Sky Scraper Ltd is company populated by
inexperienced Engineers, that is why the company is involved in 90 percent of the buildings that have
collapsed in the FCT in the last two years. Infact, I midwifed a contract that was awarded to the company:
the building of Adult School in Kuchiko Bwari and the company built a structure that collapse one week
after it was built...”

On account of the publication, Jigawa and Delta State Governments revoked the contracts for construction
of low-cost housing for their staff worth N7billion and N13billion respectively, earlier awarded to Sky
Scraper Ltd (which is a construction company). The contract awarded by Jigawa State Government was
revoked on the 20th of December 2022 while that awarded by Delta State Government was revoked on the
27th of December 2022. This revocation came after the company had expended cumulatively N2.5 billion
to secure the contract thus: N800 million in the bidding process; N900 million in payment for approvals
and N800 million in compensation payment to customary land owners on the site.
Engr. Abutu Nenfort’s outburst at the interview was malicious and aimed at getting Sky scrapper Ltd to lose
the contracts. Engr. Abutu is actually bitter at the manner Sky Scraper Ltd treated him in 2015. In 2015,
Engr. Abutu Nenfort helped Sky Scaper Ltd secure a contract that had been advertised by the Federal
Ministry of Education for the building of Bwari Adult School around Kuchiko, Bwari on the condition that
the company will sublet the contracts for the supply of all building materials particularly: cement and iron
rods to Engr Abutu Nenfort through his company: Butu Fort Ng Ltd. Engr Abutu through his company
supplied 50 bags of cement and 100 pieces of rods at the cost of N100,000,000. Sky Scraper Ltd only paid
him N50,000,000 and agreed to pay the balance of N50,000,000 when the Federal Government pays
mobilization. Skyscraper Ltd, despite the fact that it had not been paid anything commenced the building of
the school particularly the administrative Block which is a two story building. A week after the
administrative Block was built, it collapsed. Upon investigation by the Nigerian Society of Engineers, it
was discovered that the cement and rods were substandard which was responsible for the collapse of the
structure. It cost sky scrapper ltd 200,000,000 to kill the report which had indicted Butu Fort Ltd for
supplying substandard materials and to buy standard cement and rods.
Angered by the conduct of Engr Abutu Nenfort, Sky Scraper Ltd refused to pay him the balance of
N50,000,000 on the ground that they have lost more than N50,000,000 as a result of his conduct.
Sky Scraper Ltd whose address is no 24, Zik Avenue, Wuse Zone 6 Abuja. has filed an action in defamation
at the High Court of the Federal Capital Territory, Abuja, claiming a declaration, damages (general and
special) and a public apology. Engr. Abutu Nenfort is the first defendant in the action while Crest
Newspapers, whose address is no 6, Shagari Drive, Maitama Abuja is the 2nd Defendant.

i. Draft the statement of claim taking cognizance of the rules of pleading, facts that must be
specifically pleaded and how same will be Pleaded having regards to the facts of this case.
ii. Explain to the claimant why some facts must be specifically pleaded and the manner they ought to
be pleaded.
iii. You are representing the Defendant, and the Defendant is raising the defence of justification,
referring to the collapsed Administrative Block built by skyscraper Ltd in 2015 and also wishes to
counter claim to recover the N50,000,000 that was not paid to him for supplies of Cement and Iron
Rods in 2015. Draft the Statement of Defence and Counter Claim
iv. The Plaintiff is in receipt of Statement of Defence and Counter Claim and intends to file a reply to
counter all the facts raised in the Statement of Defence and the Counter Claim. Draft the Reply.
What is the implication of not filing a Reply?
59
 v. A month after filing a the reply, the Plaintiff Counsel, upon careful study of the processes, believed
that his client needs to make a claim against Abutu Nenfort for the loss occasioned by his conduct
in 2015 and that since it was Abutu that raised the issue in his Defence, he will amend his Statement
of Claim and not only claim for defamation but also for Damages (Special and General) in the total
sum of N200,000,000 (including N80,000,000 for cement and rods) occasioned by the substandard
materials supplied by Abutu through his company. Explain the procedure the Plaintiff will follow
to amend his Statement of Claim.
vi. The Defendant, upon receipt of the amended Statement of Claim also amended his Statement of
Defence and Counter Claim. In responding to the paragraph 34 of the claim which contains
averment indicting Abutu Nenfort by the society of engineers he stated: “..The defendant is not in
a position to deny paragraph 34 of the Amended Statement of Claim” what kind of denial is this?
What is its effect in law?
vii. The Defendant believes that his response to paragraph 34 above and general traverse which is the
first paragraph of his Defence are sufficient denial to avoid liability. Advise him
viii. The Defendant, instead of counter claiming, intends to set off the N50,000,000 owed him by Sky
Scraper Ltd from the special damages of N80,000,000 claimed by Sky Scraper Ltd as cost of
purchase of original cements and rods. Draft the paragraphs setting off the claim of the Defendant
against the Plaintiff.
ix. The Defendant Counsel believes that the claim to recover the cost of the subsequent purchase of
cements and rods as well as damages for the supply of substandard materials is statute barred.
Section 2 of the Limitation Act applicable to the FCT states that claims of such nature must be
brought within three (3) years. He intends to plead this fact in his Defence. Draft the paragraph
pleaded statute of limitation.
x. What is the effect of not pleading a statute of limitation or limitation law in the defendants
Pleadings?
xi. Assuming the Defendant did not file a defence what can the Plaintiff do?
xii. Assuming the statement of claim did not disclose a cause of action, what can the defendant do.
xiii. At what stage can you say that pleadings have been closed?

ANSWER TO QUESTION 1

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) ………………………………………….…..……….. CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

STATEMENT OF CLAIM
1. The Claimant is an Incorporated Limited Liability Company registered in Nigeria under the
Companies and Allied Matters Act, which deals in rendering construction services and general
construction with its registered office at No. 24, Zik Avenue, Wuse Zone 6, Abuja.
2. The 1st Defendant is an Engineer residing in Abuja, Nigeria.
60
 3. The 2nd Defendant is a publishing company with its registered office at No 6, Shagari Drive, Maitama,
Abuja.
4. The Claimant avers that the 1st Defendant granted an Interview on the 30th of October, 2022 and same
was published by the 2nd Defendant on Monday 5th November, 2022.
5. The Claimant avers that in the said Interview published by 2nd Defendant on Monday 5th November,
2022, the 1st Defendant claimed as follows: “Sky Scraper Ltd is company populated by inexperienced
Engineers which is why the company is involved in 90 percent of the buildings that have collapsed in
the FCT in the last two years. In fact, I midwifed a contract that was awarded to the company: the
building of Adult School in Kuchiko Bwari and the company built a structure that collapse one week
after it was built…” the publication is hereby pleaded.
6. The Claimant avers that on the account of the publication, Jigawa and Delta State Governments
revoked the contracts for construction of low-cost housing for their staff worth N7billion and
N13billion respectively, earlier awarded to the Claimant. The contract awarded by Jigawa State was
revoked on the 20th of December, 2022 while that awarded by Delta State Government was revoked
on the 27th of December, 2022.
7. The Claimant avers that the revocation came after the company had expanded cumulatively N2.5
billion to secure the contract thus: N800 million in the bidding process; N900 million in payment for
approvals and N800 million in compensation payment to customary land owners on the site.
8. The Claimant avers that the 1st Defendant’s outburst at the interview was malicious and defamatory,
aimed at getting the Claimant to lose the contracts awarded by Jigawa and Delta State Governments.
9. The Claimant shall, during the trial, rely on the following documents:
a) Publication by the 1st and 2nd Defendant dated 5th November 2022;
b) The Revocation Letter of Contract Award from Jigawa and Delta States respectively; and
c) Written Statement on Oath.
10. The Claimant avers that by reason of the matters stated above, the Claimant suffered loss and
damages.
11. WHEREFORE THE CLAIMANT CLAIMS AS FOLLOWS:
a. A DECLARATION that the said publication is defamatory.
b. The sum of 5 billion being general damages for malicious publication and defamation
c. The sum of N2.5 Billion being special damages as a result of the expenses incurred by the Claimant
in the contract revoked by the Jigawa and Delta State Governments respectively.
d. A public apology by the 1st and 2nd Defendants to be published on three national dailies.
e. The costs of this action

Dated this …………. day of …………………………… 2024.

………………………………..
GOODY ETIMI, ESQ.
GROUP 6 & ASSOCIATES.
CLAIMANT’S COUNSEL
No. 10 NLS Road, Bwari, Abuja.
Email: [email protected]
Tel: +234800345799

FOR SERVICE ON:

THE 1ST DEFENDANT
ENGR ABUTU NENFORT
Abuja.
61
Email:……………………
Tel No:…………………..

THE 2ND DEFENDANT

CREST NEWSPAPERS
No 6, Shagari Drive,
Maitama, Abuja
Email:……………………
Tel No:…………………..

ANSWER TO QUESTION 2
Generally, any matter, which will take the other party by surprise if not pleaded, must be pleaded. “Pleaded”
means it must be mentioned in either your statement of claim or defence; O. 15 R. 6 Abuja; O. 17 R. 7
Lagos Rules. The following facts must be specifically pleaded:
1. Charges of fraud, commission of crime or any fact showing illegality.
2. The particulars of the crime committed (e.g. falsification of results in election petition); Usen v.
Bank of West Africa Ltd; George v. Dominion Flour Mills Ltd
3. Unenforceability of document must be pleaded. Documents of material fact must be specifically
pleaded where the document itself is in issue; Tebara v. Mercury Assurance Co. Ltd.
4. Statute of limitation must be specifically pleaded where it is sought to be relied upon Ishola Balogun
v. Wahabi Onikono
5. Equitable defences of laches, acquiescence standing by; undue influence; Ibenwehi v. Lawal.
6. The plea of estoppel must be specifically pleaded; Obanya v. Okunwa.
7. The plea of res ipsa loquitur must be specifically pleaded by pleading facts, which justify its
application; Okeke v. Obidife
8. In a claim for declaration of title to land based upon inheritance from ancestors, the claimants must
plead the names or the histories of the several ancestors.
9. A written agreement must be pleaded, however, where it is not pleaded and the pleadings of the
plaintiff or claimant is not in conflict with it, or it was admitted by consent, a court of appeal will
not allow an appeal against a judgment founded on the agreement; Mandila s and Karaberis Ltd v.
Yesufu Otokiti.
10. Items of loss alleged to constitute special damages have to be particularized in the plaintiffs
pleading: Odumosu v. A. C. B. Ltd.
11. Special and General Damages
12. Defamatory
13. Matrimonial cause
14. Illegality, immunity
15. Traditional History, Customary law, Foreign law, Islamic law

62
ANSWER TO QUESTION 3

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) ………………………………………….…..………… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

STATEMENT OF DEFENCE AND COUNTER CLAIM

SAVE AND EXCEPT as herein expressly admitted, the defendant denies each and every allegation of fact
contained in the statement of claim as if the same were herein set out and traversed seriatim
1. The Defendant admits paragraphs 1, 2, 3, 4, and 5 of the statement of claim.
2. The Defendant denies paragraphs 6, 7, 8, 9, and 10 and of the statement of claim and put the claimant
to the strictest proof thereof.
3. The Defendant states that the contract revoked by the Jigawa and Delta States Government is not
the fault of the defendant, there is no justification.
4. This court will at the trial be urged to dismiss the Claimants claim as it is baseless and bereft of
substance.
COUNTERCLAIM
5. The Counter-Claimant repeat all the averment in the statement of defence.
6. The Counter-Claimant states that in 2015 the Claimant/Defendnt was helped by the Defendant to
secure a contract that was advertised by the Federal Ministry of Education for the building of Bwari
Adult School around Kuchiko Bwari on the condition that the Claimant will sublet the contracts for
supply of all building materials particularly: cement and iron rods to the Defendant through his
company Butu Fort Ng Ltd.
7. The Counter-Claimant further states that through his company, he supplied 50 bags of cement and
100 pieces of rods at the cost of N100,000,000 and the Claimant only paid the defendant
N50,000,000 and agreed to pay the balance of N50,000,000 when the Federal Government pays
mobilisation.
8. The Counter-claimant avers that the Claimant has failed to pay the balance of N50,000,000 as
agreed by the parties.
9. The Counter Claimant avers that he did not supply substandard cement and iron rods to the
Claimant.
10. The Counter Claimant avers that his outburst was not defamatory and was based on the true facts.
11. The Counter-Claimant avers that by reason of the matters stated above, the Defendant/Counter-
Claimant suffered loss and damages.
12. The Statement of Claim lacks merit and the court should struck out the suit.
13. The Counter Claimant will rely on the receipt for the purchase of the cement and iron rods and
Electronic Bank Alert, Bank Statement of the Claimant/Defendant
14. WHEREFORE the Counter-Claimant claims against the Claimant/Defendant to counter-claim the
following reliefs:
a) A DECLARATION that the statement published by the 2nd defendant was not defamatory
or malicious and a public apology from the claimant affirming the aforementioned statement
b) AN OREDER compelling the Claimant/Defendant to pay the sum of N50,000,000.00 being
the outstanding debt owed by the Claimant/Defendant to the counterclaim
63
 c) To pay the sum of N100,000,000.00 as general damages suffered by the Counter-
Claimant/Defedant.
d) The cost of this action.

Dated this …………. day of …………………………… 2024.

………………………………..
BOYI OKEY ESQ.
Group 6 & Associates.
Counsel to the Counter-Claimant/Defendant
No. 13 NLS Road, Bwari, Abuja.
Tel: +234 905 605-3000
Email: [email protected]
FOR SERVICE ON:
C/O CLAIMANT’S COUNSEL
AWADO ETI ESQ.
Cederest & Co. Chambers
Counsel to the Claimant/Defendant
Tel: No……………………..
Email:…………………………

ANSWER TO QUESTION 4

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) ……………………………………………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

CLAIMANT’S REPLY TO THE 1ST & 2ND DEFENDANT’S STATEMENT OF DEFENCE

The Claimant joins issues with the Defendants on their Statement of Defence and Counter-Claim and shall
put the Defendant to strict proof of the averments contained in the said Statement of Defence and Counter-
Claim at the trial of the suit save in so far as it consists of admissions.
1. In response to the averment contained in paragraphs 3 of the Defendants Defence and Counter-
Claimant, the Claimant aver that Defendant’s actions caused the contract termination and shall be
proof at the trial.
2. In response to the averment contained in paragraphs 5, of the Defendant’s Defence and Counter-
Claim, the Claimant/Defendant to the Counter-Claim states that neither of them are true and are
completely false.
3. In response to the averment contained in paragraphs 6, of the Defendant’s Defence and Counter-
Claim, the Claimant/Defendant to the Counter-Claim aver that upon investigation by the Nigerian
Society of Engineers, it was discovered that the Defendant supplied cement and rods that were
substandard which led the collapsed of the administrative block structure in Kuchiko, Bwari.
64
 4. In response to the averment contained in paragraphs 7, of the Defendant’s Defence and Counter-
Claim, the Claimant/Defendant to the Counter-Claim avers that he sourced the sum of
N50,000,000.00 and paid to the Defendant despite the Federal Government has not paid the
mobilisation fee to the Claimant to commenced work on the site.
5. In response to the averment contained in paragraphs 8, of the Defendant’s Defence and Counter-
Claim, the Claimant/Defendant to the Counter-Claim states that the Defendant cannot ask for
balance payment of N50,000,000.00 since the Defendant supplied substandard cement and rods
which made the Claimant to suffered loss and damages in the contract..
6. In the premises, the averment contained in the Defendants’ Statement of Defence afford no defence
to the Claimant’s suit.
Dated this …………………………….day of ………………….2024
………………………………..
GOODY ETIMI, ESQ.
GROUP 6 & ASSOCIATES.
CLAIMANT’S COUNSEL
No. 10 NLS Road, Bwari,
Abuja.
Tel: +234800345799
Email: [email protected]
FOR SERVICE ON:
ALIYU BAKO
ABC & CO. Chambers
COUNSEL TO THE 1ST & 2ND DEFENDANTS
No. 25 Crescent Avenue, Maitama
Abuja, FCT
Tel No:…………………
Email:……………………….

ANSWER TO QUESTION 4B
Filing a reply is not necessary, where there are no new issues raised in the defence which are not originally
contained in the statement of claim, and where the claimant is not denying any allegation. It is deemed
there's a joinder of issue. This reply is only necessary to controvert new issues raised in a statement of
defence such as confession and avoidance.

ANSWER TO QUESTION 5
The procedure the Plaintiff’s Counsel would follow to amend his statement of claim include:
By Motion on notice, supported by an affidavit, a written address and the proposed amendment attached as
an exhibit. Used for substantial amendments which may involve objections and consequential amendments.
Order 25(2)&(3) Abuja 2018
The application should also have the following attachment:
a) The proposed amendment must be attached as exhibit in the affidavit
b) List of additional witnesses, if any
c) Written statements on oath of the additional witnesses, if any
d) Further written statements on oath of existing witnesses, if necessary
e) Copy of any document to be relied on, if any.

65
ANSWER TO QUESTION 6
The denial used by the defendant is known as Evasive Traverse
Its effect in law is that such traverse is not proper traverse and it amounts to no denial at all. Denial should
not be evasive. It should meet the pointed out instances pleaded in the statement of claim and where any
allegation of fact in the statement of claim has not been specifically denied the claimant is not even obliged
to establish it by evidence. See Economides v Thomopulus and Co Ltd
Where the defendant states that he is not in a position to admit or deny a particular paragraph in the
statement of claim, this would be bad for equivocal denial. Thus, the allegation may be deemed to have
been admitted- Lewis Petroleum Ltd v. Akhimien

ANSWER TO QUESTION 7
The advised to Defendant is that the effect of general traverse put the Claimant to the proof of facts alleged
in the statement of claim. However, general traverse alone is not sufficient to traverse material allegations
in the statement of claim. It is trite law that material allegations must be specifically traversed. In the case
of LCC v. Ogunbiyi, Ademola (CJN) observed that the general traverse is not enough to controvert material
and important averments in pleadings. The rules of court also make provisions in this regard. For example
O.17 r5(2) of Lagos and O.15 r5(2) of Abuja provide that a general denial in any pleadings shall not operate
as denial of any specific fact in the pleadings of the opposing party.

ANSWER TO QUESTION 8

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) ………………………………………………….…..… PLAINTITFF
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

DEFENDANT’S SET-OFF CLAIM

The Defendants sought to claim against the Plaintiff the following reliefs:
1. AN ORDER compelling the Plaintiff to set-off the sum of N50,000,000 owed to the Defendant.
2. The sum of N80,000,000 being special damages as cost of original cement and rods for the Plaintiff
to be used to set-off the Defendant’s claim.
3. AND SUCH FURTHER ORDER(S) that this honourable Court may deem fit to make in the
circumstances of this case.
Dated this …………….day of ……………………..2024
………………………………..
BOYI OKEY ESQ.
Group 6 & Associates.
Counsel to the 1st & 2nd Defendant
No. 13 NLS Road, Bwari, Abuja.
Tel: +234 905 605-3000
Email:………………………
FOR SERVICE ON:
C/O PLAINTFF’S COUNSEL
66
AWADO ETI ESQ.
Cederest & Co. Chambers
Counsel to the Claimant/Defendant
Tel: No……………………..
Email:…………………………

ANSWER TO QUESTION 9

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

STATUTE OF LIMITATION CLAIM

The Defendant’s sought to claim against the Claimant the following reliefs:
1. AN ORDER that any action by the Claimant to recover the cost of the subsequent purchase of
cements and rods as well as damages for the substantial materials is statute barred.
2. AND SUCH FURTHER ORDER(S) that this honourable Court may deem fit to make in the
circumstances of this case.
Dated this …………….day of ……………………..2024
………………………………..
BOYI OKEY ESQ.
Group 6 & Associates.
Counsel to the 1st & 2nd Defendant
No. 13 NLS Road, Bwari, Abuja.
Tel: +234 905 605-3000
Email:………………………
FOR SERVICE ON:
C/O CLAIMANT’S COUNSEL
AWADO ETI ESQ.
Cederest & Co. Chambers
Counsel to the Claimant/Defendant
Tel: No……………………..
Email:…………………………

ANSWER TO QUESTION 10
The effect of the defendant not pleading a statute of limitation or limitation law is that the defendant will
not be able to rely on it. Thus, where a limitation law is not expressly set out in the statement of defence,
the defendant cannot be granted the protection of that law. The rationale for this principle is found within
the rules of pleadings, particular intent of which is to give notice to the other party so as not to take him by
surprise. See Olagunju v. Power Holding Company of Nigeria PLC (2011) 10 NWLR (Pt. 1254) 113

67
ANSWER TO QUESTION 11
Generally, judgments may be entered in favour of Claimant if Defendant defaults in filing a defence, the
Claimant may either apply for final or interlocutory judgment or for the matter to be set down for trial
depending on the nature of the claim. O.20 R(2) Lagos and O.21(1-12) Abuja
Such judgments are final and valid and may only be set aside on grounds of fraud, non- service or lack of
jurisdiction upon terms, O.21 r12 Abuja, O.22 r12 Lagos.

ANSWER TO QUESTION 12
Generally, Where a Counsel considers the client’s claim or defence to be hopeless, he shall inform the client
accordingly. See Rule 14 of Rules of Professional Conduct. It follows that Counsel shall not prepare
frivolous and hopeless pleadings which do not disclose a reasonable cause of action or of defence for filling
in court. Bu virtue of O.2 r8 of Abuja Rules, if Counsel does otherwise, he will be personally liable to pay
costs.

ANSWER TO QUESTION 13
Closing of pleadings refers to the stage when parties are no longer allowed to file further pleadings except
with the leave of court. O.17 r 18 Lagos and O. 15 r 19 Abuja
In Lagos pleadings are deemed closed in the following circumstances;
1. Where a defendant fails to file his statement of defence within 42 days, pleadings shall be deemed
closed.
2. Where there is a no reply to the statement of defence, pleadings shall be deemed closed at the
expiration of 7 days of the service of the defence.
3. If a reply has been filed to the statement of defence, it is deemed closed after the expiration of 7
days of the reply filed to the statement of defence.
4. 4 Where a reply is ordered by the court and the claimant defaults in replying within 14 days, the
pleadings shall be deemed closed after the period of 14 days. O.17 r 18 Lagos

On the other hand, in Abuja pleadings are deemed closed in the following circumstances;
1. Where there is no reply to a statement of defence, pleadings shall be deemed closed at the expiration
of the 7 days of the service of the defence.
2. ⁠If a reply has been filed to the statement of defence, it is deemed closed after the expiration of 7
days of the reply filed to the statement of defence.
3. Where a reply is ordered by the court and the claimant defaults in replying within 14 days, the
pleadings shall be deemed closed after the period of 14 days. O.15 r 19 Abuja

68
WEEK 9: 26TH MARCH 2024

PRE-TRIAL ISSUES AND PRE-TRIAL PROCEEDINGS

NOTE FURTHER that pairings should be done intra-group.

Crest Newspapers on Monday 5th November, 2022 published an interview granted by Engr. Abutu Nenfort
on the 30th of October 2022 in which he stated as follows:

‘Sky Scraper Ltd is company populated by inexperienced Engineers, that is why the company is involved
in 90 percent of the buildings that have collapsed in the FCT in the last two years. Infact, I midwifed a
contract that was awarded to the company: the building of Adult School in Kuchiko Bwari and the company
built a structure that collapse one week after it was built...’

On account of the publication, Jigawa and Delta State Governments revoked the contracts for construction
of low-cost housing for their staff worth N7billion and N13billion respectively, earlier awarded to Sky
Scraper Ltd (which is a construction company). The contract awarded by Jigawa State Government was
revoked on the 20th of December 2022 while that awarded by Delta State Government was revoked on the
27th of December 2022. This revocation came after the company had expended cumulatively N2.5 billion
to secure the contract thus: N800 million in the bidding process; N900 million in payment for approvals
and N800 million in compensation payment to customary land owners on the site.
Engr. Abutu Nenfort’s outburst at the interview was malicious and aimed at getting Sky scrapper Ltd to
lose the contracts. Engr. Abutu is actually bitter at the manner Sky Scraper Ltd treated him in 2015. In
2015, Engr. Abutu Nenfort helped Sky Scaper Ltd secure a contract that had been advertised by the Federal
Ministry of Education for the building of Bwari Adult School around Kuchiko, Bwari on the condition that
the company will sublet the contracts for the supply of all building materials particularly: cement and iron
rods to Engr Abutu Nenfort through his company: Butu Fort Ng Ltd. Engr Abutu through his company
supplied 50 bags of cement and 100 pieces of rods at the cost of N100,000,000. Sky Scraper Ltd only paid
him N50,000,000 and agreed to pay the balance of N50,000,000 when the Federal Government pays
mobilization. Skyscraper Ltd, despite the fact that it had not been paid anything commenced the building
of the school particularly the administrative Block which is a two story building. A week after the
administrative Block was built, it collapsed. Upon investigation by the Nigerian Society of Engineers, it
was discovered that the cement and rods were substandard which was responsible for the collapse of the
structure. It cost sky scrapper ltd 200,000,000 to kill the report which had indicted Butu Fort Ltd for
supplying substandard materials and to buy standard cement and rods.
Angered by the conduct of Engr Abutu Nenfort, Sky Scraper Ltd refused to pay him the balance of
N50,000,000 on the ground that they have lost more than N50,000,000 as a result of his conduct.
Sky Scraper Ltd whose address is no 24, Zik Avenue, Wuse Zone 6 Abuja. has filed an action in defamation
at the High Court of the Federal Capital Territory, Abuja, claiming a declaration, damages (general and
special) and a public apology. Engr. Abutu Nenfort is the first defendant in the action while Crest
Newspapers, whose address is no 6, Shagari Drive, Maitama Abuja is the 2nd Defendant.

1. Students as paired in week 9 would, using the Lagos and Abuja Rules, discuss the principles and
application of striking out pleadings for disclosing no reasonable cause of action
2. Discuss the principles and the application of interrogatories, discovery of documents, production
and inspection of documents and the grounds for objection to interrogatories and production of
documents.
3. Make a note for presentation in the class on the relevance of these processes to the pleadings they
exchanged for week 9 lesson. If you find the principles relevant, exchange the necessary documents
in typed form but if not relevant, give reasons for this position in a written note for presentation in
69
 the class. The same approach should also be taken for issues such as notice to admit facts,
inspections, etc.
4. Paired groups should exchange necessary documents and hold a Case Management Conference/
Pre-trial Conference using the case in which pleadings were exchanged in week 9.
5. One of the students would act as Judge for the Case Management Conference/ Pre-trial Conference.
The Judge is expected to produce a report as the Rules provides.
6. In addition to any other documents that may be produced by a group, each group must file
(exchange) and settle issues from the pleadings chosen for the pre-trial conference.

ANSWER TO QUESTION 1
The Court or judge may order any pleading to be struck out for non-disclosure of reasonable cause of action
or answer, and where a pleading is shown to be frivolous or vexatious may consequently order the action
to be stayed or dismissed or judgment to be entered accordingly as may be just. O.15 r18 Abuja and O.17
r17(1) Lagos.
The applicant applies by motion or summons, clearly indicating the particular order sought that is, dismissal
or striking out, the pleading being attacked and the ground of the attack. See Carl Zeiss Shifting v. Rayner
& Keeler Ltd.
Pleadings may be struck out if: O.15 r16 Abuja; O.17 r15 Lagos.
1. It is ‘frivolous’ or ‘vexatious’;
• The Rules does not define the term “frivolous” or “vexatious” but in Willis v Earl Beauchamp a ‘or
‘suit was held to be a suit not meant to serve any useful purpose other than to waste the time of the
court
• Under the Abuja and Lagos Rules if it is the whole claim that is frivolous and vexatious,
• the court may strike out the claim
• Where it is only part of the claim that is frivolous, the Judge in Lagos or the court in Abuja may
strike out or order for amendment
• The court may also order costs against the defaulting party.
2. If it is scandalous;
• This refers to situations where the allegations contained in the Pleadings are false and merely
employed to harass the adverse party
3. If it is prejudicial, embarrassing, or merely intended to delay the trial;
• This means when the Pleadings do not meet the case; or pleadings that is incoherent illogical,
diversionary or evasive. In such cases it is liable to be struck out.
4. If it discloses no reasonable cause of action;
• If a party’s pleadings fail to disclose any reasonable cause of action or defence, the other party will
apply to have the pleadings struck out O17 rr15/17 Lagos or O15 rr16/18 Abuja
5. If it discloses no defence to the action, Ibrahim v Osim.
6. If it is an abuse of the court’s process.

70
Abuse of court process” means that the process of court has not been used bona fide (i.e., the process of the
court was used in bad faith Ikine v Edjerode. For example, filing of multiple actions between the same
parties on the same subject matters.

ANSWER TO QUESTION 2
Discovery of Facts (Interrogatories
This is a procedure whereby a party obtains admissions from his opponent by asking questions in the form
of what are known as interrogatories.

Object of Interrogatories:
a) To support the case of the interrogating party.
b) To weaken the case of the party being interrogated.
c) To ascertain to some extent the case of the opponent and the facts he is going to rely on at the trial.
d) By answering interrogatories, the party interrogated will be placing facts on record from which he cannot
resile.

PROCEDURE:
Discovery of facts is made by delivery of interrogatories as in Form 21 under the Abuja Rules 2018 and
Form 19 under the Lagos Rules 2019. The interrogatories shall be delivered within 7 days of the close of
pleadings and shall form part of the pre-trial or case management conference as the case may be. See, Order
28 Rule I and 2 Abuja Rules 2018 and 29 Rule 1 (1) (3) Lagos Rules 2019.

Answer To Interrogatories:
The party interrogated must answer within 7 days in Abuja and Lagos of the service of the interrogatories
except the court extends the time.
The answer shall be by AFFIDAVIT, re-stating each question and followed by the relevant answer.
Where the party does not answer sufficiently or fail to answer, the pre-trial judge may on application order
him to answer.-O. 29 R. 7 Lagos; O. 28 R. 7 Abuja.

Objections to Interrogatories: O. 28 R 4 Abuja; O. 29 R 3 Lagos

The person upon whom interrogatories are administered may object.
In Abuja, he can raise the objections in the Affidavit of Answer while in Lagos; he should raise the
objections at the case management conference.
The grounds for objection may include:
1. That the questions are not material to the issue at hand.
2. It is brought in mala fide (bad faith)
3. That the person has right of privilege, immunity (information is privileged)
4. The questions seek to disclose the defendant’s evidence
5. Questions are insulting or degrading, scandalous or vexatious.

Discovery of Documents (Notice to Produce)

This is a procedure whereby a party can cause his opponent to make available to him before the trial material
documents in the opponent's possession for him to use in the trial of the case. Usually the party making the
discovery is relying on the document, but does not have either the primary or the secondary evidence of the
documents.

71
Procedure:
Discovery of document is made by a writing request to any other party in an action to make discovery on
oath of the documents that are or have been in his possession, custody, power or control, relating to a matter
in question in the case. Request for discovery shall be served within 7 days of close of pleadings and shall
form part of the agenda of pretrial conference or case management conference. The party on whom such a
request is served shall answer on oath completely and truthfully within 7 days of the request or within such
other time as the court may allow and shall be dealt with at the pretrial or case management conference.
Under the Abuja Rules 2018, the answer shall be in Form 23 and under the Lagos Rules 2019, the answer
shall be in Form 21. See Order 28 Rule 8 Abuja Rules 2018 and 29 Rule 6 Lagos Rules, 2019

Documents for Discovery which the Court can Order

These are documents, which are:
a) related to any matter in question in the suit
b) which are or have been in the possession or power of the party ordered to make the discovery. See Order
28 Rule 8 Abuja Rules 2018 and Order 29 Rule 6 (1) Lagos 2019. Usually the party making the discovery
is relying on the document, but does not have either the primary or the secondary evidence of the
documents.

Production of document differs from discovery of documents.

When a party ask for discovery, it simply means that the other party is to disclose upon oath the documents
that are or have been in his possession or power relating to any matter in question between the parties. It is
after the affidavit of documents or list of documents has been filed that the requesting party knows the
documents in possession of the other party. He is then in a position to decide which of those documents he
considers to be necessary for production so he can inspect. O.32 Rule 14 of the Uniform Rules specifically
provides for production of documents. It is important to note that the Lagos and Abuja Rules do not make
express provision for production of documents apart from that relating to verification of business boos in
O. 29 r8 Lagos and O. 28 r10 Abuja.

It is usually by a Notice to produce. The Notice to produce is Form 33 O. 32 r15 of the Uniform Rules.
Rule 16(1) further provides that the person serve with the Notice in Form 33 as stated in Rule 14 shall give
to the person requesting within 2 days of the receipt of the notice in Form 33, if all documents are listed in
the affidavit of documents or within 4 days if such documents were not listed, a Notice in Form 34 stating
a time within 7 days of its delivery, at which the documents or such of them as he does not object to
produce, may be inspected at the office of his legal practitioner or in the case of banker books or other
books of accounts, or books in constant use for the purpose of any trade or business, at their usual place of
custody, and stating which (if any of the documents he objects to produce, and on what ground.

The Notice which is in Form 34 is titled Notice to inspect documents. In other words, a party who receives
Form 33 ought to respond by giving Form 34.

By O. 32 r17(1) of the Uniform Rules, where a party is served with notice under Rule 14 omits to notify a
time for inspection, or objects to give inspection or offers inspection elsewhere than at the office of his
legal practitioner, the court or a judge in chambers may on, the application of the party, desiring it make an
order for inspection in such place and in such manner as the court or judge may think fit.

Documents that May Not be Produced Based on the Notice

As a general rule, an order to discover or produce documents binds a party to comply. But while discovery
may be made, the order to produce may not be complied with upon good reasons being shown. The
following are documents that are privileged from production, at least at pre-trial stage of any proceedings.
72
 1. Documents containing confidential information between counsel and client; S. 91 Evidence Act
2011
2. Documents containing information “without Prejudice”;
3. Documents containing information, the disclosure of which is contrary to public policy
4. Documents prepared ahead of and for the purpose of litigation;
5. Incriminating document;
6. Documents owned solely by a third party jointly owned with the party requested to produce same;
7. Documents of title.
Inspection of Documents
As discussed above, inspection usually flows from production. The Uniform Rules make provisions for
inspection. Once a party is served with a Notice in Form 33. The Rules requires him to give a time (as in
Form 34) when such inspection may be made in the office of his solicitor or at any other time or place as
the court may further direct.
Consequences of Non-compliance with order for Interrogatories and Discovery of Documents.
Where a party fails to comply with an order to answer interrogatories or to produce documents for
inspection, legal consequences attach. The consequences of failure in the case of discovery of documents
are the same with the consequences attaching to failure to answer interrogatories. In the case of a claimant,
his action may be dismissed for lack of diligent prosecution. O.32 r20 Uniform Rules. In the case of the
defendant, he will have his defence, if any struck out to be placed in the same position as if he had not
defended and the party interrogating may apply to the court or a judge in chambers for an order to that
effect and an order may be made accordingly. See CFAO (Nig) Plc v. Sanu (2008) 15 NWLR (Pt. 1109) 1

Draft Notice to Produce Documents

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

NOTICE TO PRODUCE

TAKE NOTICE that the Claimant requires you to produce for the inspection, the following documents
referred to in your statement of claim.
1. The Newspaper publication by the 2nd Defendant dated 5th November 2022
2. The Receipt of supplies of cement and iron rods dated 25th March 2015
Dated this 26th day of March 2024
………………….
Goody Etimi Esq,
Group 6 & Associates
Claimant’s Counsel,
No. 10 NLS Road, Bwari, Abuja
73
 Email:[email protected]
Tel: 08035908877
FOR SERVICE ON:
1ST & 2ND DEFENDANTS
C/O Defendant Counsel,
Aliyu Adamu Esq,
ABS & Co Chambers
No. 25 Dayo Street, Maitama
Abuja
Email: [email protected]
Tel: 08035890045

Draft Notice to Inspect Documents

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

NOTICE TO INSPECT DOCUMENTS

TAKE NOTICE that you can inspect the documents mentioned in our notice of the ….day of …..2024
except the receipt of supplies of cement and iron rods number 2 in that notice at my office on the …..day
of ……2024 between the hour of …….and …..2024.

....................................
Aliyu Adamu Esq,
Counsel to 1st and 2nd Defendants,
ABS & Co Chambers
No. 25 Dayo Street, Maitama
Abuja.
Email: [email protected]
Tel: 08035890045

FOR SERVICE ON:

Goody Etimi Esq,
Group 6 & Associates
Claimant’s Counsel,
No. 10 NLS Road, Bwari, Abuja
Email:[email protected]
Tel: 08035908877

74
ANSWER TO QUESTION 3
Discovery of facts and document are relevance to the processes of pleadings because it narrow the issues
between the parties. Discovery of facts and documents serve the purpose of further narrowing issues
between the parties. This is one of the advantages of suits commenced by writ of summons. It appears fairly
certain that the use of interrogatories and discoveries is not available in suits commenced by originating
summons as these processes are extraneous to originating summons. See CFAO (Nig) Plc v. Sanu.
It is rightly said that litigation is not a game of hide and seek. Parties are required to put their adversaries
on notice of what they intend to rely on in the prosecution or defence of their respective cases as the case
may be.
After pleadings have been closed, the issues between the parties would have also become clearer so that
the party who bears the burden of proof would also have prepare to discharge that burden.
The rules of court also permit a party to any proceeding to deliver interrogatories in writing for the
examination of the opposite party with a view to securing answers to those questions. O.29 r1 Lagos, O. 28
r1 Abuja.
The relevance of interrogatories in pleadings include:
i. It reduces the time that is otherwise wasted in eliciting simple information in the witness box
ii. It further narrows down the issues between the parties
iii. Its helps to elicit admissions that support the case of the interrogating party as facts admitted need
no further proof. N.R.M.A.& F.C. v. Johnson (2019) 2 NWLR (Pt. 1656) 247 at 261
iv. It helps in ascertaining to some extent the case of the opponent and the facts he is going to rely on
at the trial;
v. It creates estoppels. For example, any fact that is elicited from a party during interrogatories forms
part of the record of the court from which he cannot subsequently resile.
Generally, non-compliance with notice to produce and inspection of document has the following
consequences
a) The defaulting party will be precluded from putting the document in evidence
b) If he is the claimant, his case may be dismissed;
c) If he is the defendant, his evidence may be struck out;
d) The party in default may be liable to committal;
e) If the fault is that of counsel, he may be made to bear the cost occasioned by his failure; and
f) The counsel may be liable to attachment.

75
Draft Notice to Admit Documents.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

NOTICE TO ADMIT DOCUMENTS

TAKE NOTICE that the Claimant in this case proposed to adduce in evidence the several documents
hereunder specified, and the same may be inspected by the Claimant, his Counsel at on ……day of ……204
between the hours of ………….of the 1st and 2nd Defendants are hereby required within six days of service
hereof, to admit that such of the said documents as are specified to be originals were respectively written,
signed or executed as they purport respectively to have been; that such as are specified as copies as true
copies and that such documents are stated to have been served. Sent. And delivered were so served sent or
delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in
this cause.
AND FURTHER TAKE NOTICE that if you do not within the aforementioned six days given notice that
you do not admit the said documents (or any of them) and that you require the same to be proved at the trial
you shall be needed to have admitted the said documents (or document) unless court or a judge shall
otherwise order.

Dated this 26th day of March 2024

………………….
Goody Etimi Esq,
Group 6 & Associates
Claimant’s Counsel,
No. 10 NLS Road, Bwari, Abuja
Email:[email protected]
Tel: 08035908877
FOR SERVICE ON:
1ST & 2ND DEFENDANTS
C/O Defendant Counsel,
Aliyu Adamu Esq,
ABS & Co Chambers
No. 25 Dayo Street, Maitama
Abuja
Email: [email protected]
Tel: 08035890045

76
Draft Notice to Admit Documents.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

NOTICE TO ADMIT FACTS

TAKE NOTICE that the Claimant in the cause requires the Defendant to admit for the purpose of this cause
only, the several facts respectively hereunder specified and the Defendant is hereby required, within six
days from the service of this notice, to admit the said several facts, saving all just exceptions to the
admissibility of all such documents as evidence in this cause.

Dated this 26th day of March 2024

………………….
Goody Etimi Esq,
Group 6 & Associates
Claimant’s Counsel,
No. 10 NLS Road, Bwari, Abuja
Email:[email protected]
Tel: 08035908877
TO: Aliyu Adamu Esq,
Counsel to the 1st & 2nd Defendants
ABS & Co Chambers
No. 25 Dayo Street, Maitama
Abuja, Email: [email protected]
Tel: 08035890045

The facts the admission of which is require, are:

1. That the 2nd Defendant published a defamatory statement against the Claimant which led to contract
termination respectively of the Claimant by the Jigawa and Delta States Government.
2. That the 1st Defendant supplied substandard cement and iron rods in 2025 to the Claimant
3. That the 1st Defendant was issued with receipt of supplies of cement and iron rods in 2015

The answers to interrogatories generated may be used at the trial. O 29 r11 Lagos provides that “A party
may, at the trial of a cause or matter, use any one or more of answers or any part of an answer of the
opposite party to interrogatories without putting in the others or the whole of such answer: Provided that
the Judge may look at the whole of the answers and order that any of them may be put in”. O.28 r13 Abuja.

77
Draft Interrogatories by the Claimant

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

INTERROGATORIES
Interrogatories on behalf of Sky Scraper Ltd (Claimant) for the examination of Engr Abutu Nenfort and
Crest Newspaper (1st and 2nd Defendants).
1. Did the 2nd Defendant personally published defamatory Statement on 5th November, 2022 on Crest
Newspaper?
2. Please, can we have a copy of the Newspaper publication dated 5th November 2022;
3. Did the 2nd Defendant supplied 100 bags of cement and Iron Rods to the Claimant?
4. Please, can we have a copy of the receipt of purchase of cement and iron rods supplied in 2015 to
the Claimant by the 1st Defendant?
The 1st Defendant is required to answer interrogatories numbered 3 and 4 while the 2nd defendant is
required to answer interrogatories numbered 1 and 2.
Dated this 26th day of March 2024.
………………….
Goody Etimi Esq,
Group 6 & Associates
Claimant’s Cpunsel,
No. 10 NLS Road, Bwari, Abuja
Email:[email protected]
Tel: 08035908877
FOR SERVICE ON:
1ST & 2ND DEFENDANTS
C/O Defendant Counsel,
Aliyu Adamu Esq,
ABS & Co Chambers
No. 25 Dayo Street, Maitama
Abuja. Email: [email protected]
Tel: 08035890045

78
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

AFFIDAVIT TO DOCUMENTS OF CREST NEWSPAPER (2ND DEFENDANT)

I, Kehinde Abraham, male, adult, Nigerian Citizen, of No. 6 Shagari Drive, Maitama, Abuja do hereby
make and states as follows:
1. That I am the 2nd Defendant in this suit and the Chief Executive Officer of Sky Scraper Ltd, by
virtue of which I am conversant with this case.
2. That I have in my possession the documents relating to the matter in question in this suit namely:
a) A copy of the newspaper publication by Crest Newspaper dated 5th November 2022.
3. I make this solemn declaration conscientiously believing the same to be and by virtue of the
provision of the Oath Act.
---------------------
DEPONENT
SWORN to at the High Court Registry, Abuja

Dated this 26th day of March 2024

BEFORE ME

COMMISSIONER FOR OATH

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

ANSWERS TO INTERROGATORIES BY CREST NEWSPAPER (2ND DEFENDANT)

The answer of the above-named Defendant to the interrogatories for his examination by the above-named
Claimant.
In the answer to the said interrogatories, I the above-named Defendant make Oath and say as follows:
1. That I have in my possession the documents relating to the matter in question in this suit namely:
a) A copy of the newspaper publication by Crest Newspaper dated 5th November 2022.
79
I the above-named Defendant do hereby solemnly Affirmed that that this is my name and handwriting and
that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.
--------------------
WITNESS
SWORN to at the High Court Registry, Abuja

Dated this 26th day of March 2024

BEFORE ME

COMMISSIONER FOR OATH

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

AFFIDAVIT TO DOCUMENTS OF ENGR ABUTU NENFORT (1ST DEFENDANT)

I, Abutu Nenfort, male, adult, Businessman, Nigerian Citizen, of No. 25 Zambezi Crescent Maitama,
Abuja do hereby make and states as follows:
1. That I am the 1st Defendant in this suit and the Managing Director of Butu Fort Ltd, by virtue of
which I am conversant with this case.
2. That I have in my possession the documents relating to the matter in question in this suit namely:
a) A copy of the receipt of supplies of cement and iron rods to the Claimant by the 1st
Defendant dated 25th March, 2015.
3. I make this solemn declaration conscientiously believing the same to be and by virtue of the
provision of the Oath Act.
---------------------
DEPONENT
SWORN to at the High Court Registry, Abuja

Dated this 26th day of March 2024

BEFORE ME

COMMISSIONER FOR OATH

80
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) …………………………………….………….…..… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………….. DEFENDANTS

ANSWERS TO INTERROGATORIES BY ENGR ABUTU NENFORT (1ST DEFENDANT)

The answer of the above-named Defendant to the interrogatories for his examination by the above-named
Claimant.
In the answer to the said interrogatories, I the above-named Defendant make Oath and say as follows:
1. That I have in my possession the documents relating to the matter in question in this suit namely:
a) A copy of the receipt of supplies of cement and iron rods to the Claimant by the 1st Defendant
dated 25th March, 2015.
I, the above-named Defendant do hereby solemnly Affirmed that that this is my name and handwriting
and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.
--------------------
WITNESS
SWORN to at the High Court Registry, Abuja

Dated this 26th day of March 2024

BEFORE ME

COMMISSIONER FOR OATH

ANSWER TO QUESTION 4
Case Management Conference is provided for in O. 27 r1(2) Lagos and O. 27 r10(2) Abuja. It helps to:
a) Dispose matters which must or can be dealt with on interlocutory application;
b) Giving such directions as to the future course of the action as appears be adapted to secure its just,
expeditious and economical disposal
c) Promoting amicable settlement of the case or adaption of ADR;
d) To fix trial dates. This particular purpose is absent under the Lagos Rules.
The matters to consider at the Case Management or Pre-Trial Conference essentially form the agenda
of the conference as follows:
i. Formulation and settlement of issues;
ii. Amendments and further and better particulars;
iii. The admission of facts, and other evidence by consent of the parties
iv. Control and scheduling of discovery, inspection and production of documents
81
 v. Settlement of documents to be admitted as exhibits at the trial;
vi. Narrowing the field of dispute between expert witnesses, by their participation at Case Management
or Pre-Trial Conference or in any other manner;
vii. Hearing and determination of applications and objections on points of law;
viii. Giving orders or directions for separate trial of a Claim, Counter-Claim, Set-Off, Cross-Claim or
Third Party Claim or any particular issue in the case;
ix. Settlement of issues, inquiries and accounts;
x. Securing statement of special case of law or facts
xi. Determining the form and substance of the Case Management or Pre-Trial Order;
xii. In Lagos, making referrals to the Lagos Multi-Door Courthouse or any relevant ADR bodies;
xiii. Implementing any ADR Order made under (1) above
xiv. Such other matters as it may facilities the just and speedy disposal of the action. O. 27 r2 Lagos; O.
27 r 13 Abuja

Case Management Information Sheet

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) ………………………………………………….…..… CLAIMANAT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….………………………………………… DEFENDANTS

This pre-trial Information sheet is intended to include reference to all applications which the parties would
wish to make at the Pre-Trial Conference. Application not covered by the standard questions raised in this
pre-Trial Information Sheet should entered under item 12 below:
All parties shall not later than 7 days before the first pre-trial conference, file and serve on all parties:
(a) All applications in respect of matters to be dealt with before trial including but not limited to matters
listed hereunder;
(b) Written answers to the questions contained in this pre-trial information sheet.
1. Do you required that this action be consolidated with any other actions? If so give particulars.
2. Are amendments to any originating or other process required?
3. Are further and better particulars of any pleading required? If so specify what particulars are
required.
4. Do you object to any interrogatories that may have been delivered pursuant to Order 28 Rule 1 of
the High Court of the FCT Abuja (Civil Procedure) Rules 2018? If so state the grounds of such
objection in compliance with Order 28 Rule 4 of the Rules.
5. Do you object to producing any document in respect of which a request for discovery has been
made pursuant to Order 28 Rule 8(1) of the High Court (Civil Procedure) Rules? If so, state the
grounds of such objection in Compliance with Order 28 Rule 8(3) of the Rules.
6. If you intend to make any additional admissions, give details.
7. Will interpreters be required for any witness? If so. State in what language.
8. Is this a case in which the use of a single or joint expert might be suitable? If not state reasons.

82
 9. Is there any way in which the court can assist the parties to resolve their dispute or particular issues
in it without the need for a trial or full trial?
10. Have you considered some form of Alternative Dispute Resolution (ADR) procedure to resolve or
narrow the dispute or particular issues in it? If yes state the steps that have been taken. If not state
reasons.
11. State any question or questions of law arising in your case, if any, which you required be stated in
the form of a special case for the opinion of the Judge in accordance with Order 28 of the Rules.
12. List the applications you wish to make at the Case Management Conference.
Dated this ………..day of ………204
………………….
Goody Etimi Esq,
Group 6 & Associates
Claimant’s Cpunsel,
No. 10 NLS Road, Bwari, Abuja
Email:[email protected]
Tel: 08035908877
FOR SERVICE ON:
Aliyu Adamu Esq
Counsel to the 1st & 2nd Defendants,
ABS & Co Chambers
No. 25 Dayo Street, Maitama
Abuja. Email: [email protected]
Tel: 08035890045

ANSWER TO QUESTION 6
Settlement of issues is the procedure whereby parties in conjunction with the court agree on what the
material questions for determination are: The issues s agreed then become the crux of the trial as peripheral
or other issues would have been dealt with and eliminated before trial. Settlement of issues means parties
have agreed on the main areas of disagreement. It means that the issues settled define the path of the
proceedings to the extent that anything outside the settled issues will not be entertained without the leave
of court.
In Lagos, settlement of issues is one of the cardinal issues dealt with at the Case Management Conference.
It is a central part of the agenda for the Conference. O. 27 r2(a) Lagos. Similar to information of issues for
determination at the Court of Appeal of the Supreme Court, each party here defines the issues as he
perceives them and files same within 7 days of close of pleadings. O. 27 r1 Abuja. Where the parties do not
agree on the issues, the trial Judge may settle the issues for them. O. 27 r3 Abuja. It is after the settlement
of issues that the matter is set down for hearing.
In Abuja, settlement of issues, it is provided that within 7 days of close of pleadings, parties are required to
submit the material questions in controversy between them in the form of issues to the Registrar in writing.
By the rules, one party fails to submit issues for trial, the court may set down the matter based on the issue
submitted by the other party. O. 27 r2 Abuja. Where both parties fails to submit issues, the court shall give
notice to them to attend settlement of issues. O 27 r 2 Abuja, O. 35 r4 Uniform Rules. In addition, the court
may amend the issues framed to attend the parties or frame additional issues on such terms as it deem fit.
O. 27 r6 Abuja; O. 35 r5 Uniform Rules.

83
PROPOSED ISSUES FOR SETTLEMENT AT THE CASE MANAGEMENT CONFERENCE
BETWEEN THE CLAIMANT AND THE DEFENDANT ARE AS FOLLOWS:
A. CLAIMANT’S SETTLEMENT CLAIM

1. Whether the publication was defamatory?

2. Whether the Claimant is entitled to the sum of 5 billion being general damages as a result of the
publication by the 1st & 2nd Defendants?
3. Whether or not the Claimant is entitled to the sum of N2.5 Billion being special damages as expenses
incurred by the Claimant in the contract revoked by the Jigawa and Delta State Governments
respectively?
4. Whether Claimant is entitled to a public apology by the 1st & 2nd Defendants to be published on three
national dailies.
5. Whether the Claimant is entitled to the sum of N80,000,000.00 being special damages as cost of
original cement and rods for the Plaintiff to be used to set-off the Defendant’s claim
6. Whether the Defendant is entitled to sum of N50,000,000.00 being debt owed by the Claimant.
7. Whether the Claimant is entitled to the cost of action?

B. DEFENDANT’S COUNTER CLAIM

1. Whether a declaration that the statement made by the second defendant Was defamatory or
malicious and a public apology from the claimant affirming the aforementioned statement
2. Whether the Defendant is entitled to the sum of N50,000,000.00 being the outstanding debt owed
by the Claimant to the counterclaim
3. Whether the defendant is entitled to the sum of N100,000,000.00 being general damages suffered
by the Counter-Claimant/Defendant.
4. Whether the defendant is entitled to the cost of this action.

The two parties have the option to settle above issues at the Case Management Conference, failure to settle
the issues, the court may deem fit to settle the matter accordingly.

84
WEEK 11: 2ND APRIL, 2024

PRE-CLASS ASSIGNMENT ON TRIAL PREPARATION AND EVIDENCE

Crest Newspapers on Monday 5th November, 2022 published an interview granted by Engr. Abutu Nenfort on the
30th of October 2022 in which he stated as follows:

‘Sky Scraper Ltd is company populated by inexperienced Engineers, that is why the company is involved in 90
percent of the buildings that have collapsed in the FCT in the last two years. Infact, I midwifed a contract that was
awarded to the company: the building of Adult School in Kuchiko Bwari and the company built a structure that
collapse one week after it was built...’

On account of the publication, Jigawa and Delta State Governments revoked the contracts for construction of low-
cost housing for their staff worth N7billion and N13billion respectively, earlier awarded to Sky Scraper Ltd (which
is a construction company). The contract awarded by Jigawa State Government was revoked on the 20th of December
2022 while that awarded by Delta State Government was revoked on the 27th of December 2022. This revocation
came after the company had expended cumulatively N2.5 billion to secure the contract thus: N800 million in the
bidding process; N900 million in payment for approvals and N800 million in compensation payment to customary
land owners on the site.

Engr. Abutu Nenfort’s outburst at the interview was malicious and aimed at getting Sky scrapper Ltd to lose the
contracts. Engr. Abutu is actually bitter at the manner Sky Scraper Ltd treated him in 2015. In 2015, Engr. Abutu
Nenfort helped Sky Scaper Ltd secure a contract that had been advertised by the Federal Ministry of Education for
the building of Bwari Adult School around Kuchiko, Bwari on the condition that the company will sublet the contracts
for the supply of all building materials particularly: cement and iron rods to Engr Abutu Nenfort through his company:
Butu Fort Ng Ltd. Engr Abutu through his company supplied 50 bags of cement and 100 pieces of rods at the cost of
N100,000,000. Sky Scraper Ltd only paid him N50,000,000 and agreed to pay the balance of N50,000,000 when the
Federal Government pays mobilization. Skyscraper Ltd, despite the fact that it had not been paid anything
commenced the building of the school particularly the administrative Block which is a two story building. A week
after the administrative Block was built, it collapsed. Upon investigation by the Nigerian Society of Engineers, it was
discovered that the cement and rods were substandard which was responsible for the collapse of the structure. It costs
sky scrapper ltd 200,000,000 to kill the report which had indicted Butu Fort Ltd for supplying substandard materials
and to buy standard cement and rods.
Angered by the conduct of Engr Abutu Nenfort, Sky Scraper Ltd refused to pay him the balance of N50,000,000 on
the ground that they have lost more than N50,000,000 as a result of his conduct.
Sky Scraper Ltd whose address is no 24, Zik Avenue, Wuse Zone 6 Abuja. has filed an action in defamation at the
High Court of the Federal Capital Territory, Abuja, claiming a declaration, damages (general and special) and a
public apology. Engr. Abutu Nenfort is the first defendant in the action while Crest Newspapers, whose address is
no 6, Shagari Drive, Maitama Abuja is the 2nd Defendant.
In the Plaintiffs pleadings, the following documents were pleaded and will be relied upon during the trial
1. The original letter of revocation of award of contract written by the Jigawa State Government dated the 20th
day of December 2022
2. The photo copy of the letter of revocation of contract written by the Delta State Government dated the 27th
day of December 202s as the original is missing.
3. The letters dated 30th of September 2022 and 29th September 2022, which are letters of acknowledgment of
submission of bid and compliance with all requirements from Jigawa State Government and Delta State Government.
4. Certificate of Incorporation of skyscraper ltd.
5. Letter of award of contract from Jigawa State Government dated 1st November 2022
6. Letter of award of contract from Delta State Government dated 5th day of November 2022
7. Newspaper publication containing the defamatory statement dated 13th December 2022
8. Photo copy of sales of land agreement between Alhaji Abukakar Maigoro, the owner of 3 hecters of land and
the Sky Scraper Ltd dated 15th November 2022.
9. Bills of quantities on the cost of building the estate in Jigawa dated 20th November 2022 prepared, signed
and submitted by John Mathew a quantity surveyor who is now late.

85
The Defendant on the other hand who knows that he does not have any concrete bases for the defence of justification
decided to produce fabricate some documents. The Defendant connived with his friend, Dogo Amadu. The latter
cooked up a document which he named: report on the cause of the collapsed building at Kichiko” signed by Dogo
Amadu. Dogo is not an engineer, did not go to any polytechnic or university and not skilled in civil Engineering.
His report is just a one page document which states that he Mr. Dogo was at the scene of the collapsed building when
the building collapsed and that collapse was caused by the use of 11mm iron rods instead of 14mm rods as required
by standard practice and that the quantity of sand to cement was disproportionate and at variance with standard
practice. In real since, Mr. Dogo was not at the scene of the collapse when the building collapsed. He came after the
collapse and got his information from persons there.
Other documents he intends to tender are:
1. Stolen report of a two man committee made up of Chidi Okonkwo and Adewale Femi dated the 2nd of
February 2022 which indicted sky scraper Ltd for not confirming that the materials used were good in line with
standard practice but the committee members are not coming to testify.
2. Bank Account Statement for the year 2015 to show that only N50,000,000 was paid to himmr Abutu by the
Claimant Skycrapper ltd..
3. Written letter acknowledging the receipt of 50 bags of cement and 100 pieces of iron rods dated 3rd March
2015. From Skycrapper Ltd in 2015...
4. Oral evidence of the cost N50,000 being the cost of transporting the cement and iron rods from Bwari market
to Kuchiko building site in Bwari. Engr Abutu was issued a receipt but he misplaced it.
The defence intends to visit the site of the collapsed building since the debris have not been evacuated. To see the
samples of the iron rod used etc.

Activities before Class

1. Read the Evidence Act 2011 on admissibility of different kinds of evidence.
2. Groups 1 to 5 should refer to the statement of claim drafted by their groups, plead necessary documents identified
above, prepare case theory and trial plan for the plaintiff, discuss and identify the kind of evidence they will lead to
proof the case of defamation, identify the documents they intend to reply on to proof special damages and how they
will tender same in court
3. Groups 6 to 10 should prepare their statement of defence and counter claim, prepare their case theory and trial
Plan for the defence, discuss and identify the documents they intend to reply on.
Activities in class;
1. Groups 1 to 5 should get at least five members, each from each group and identify the documents listed above as
either primary or secondary evidence, public or private, admissible or inadmissible, and demonstrate to the class
how they intend to tender the documents they rely on, present their case theory and trial plan.
2. Where the documents are admissible, but foundation needs to be laid, they should demonstrate how to lay
foundation for the admissibility of evidence.
3. Groups 6 to 10 should also present their case theory and trial plan, identify and discuss the documents listed above
that they intend to reply on as either primary or secondary evidence, public or private, admissible or inadmissible,
demonstrate the foundation, if any they need to lay to tender the documents.
4. Tutor and students in plenary discuss the principles of burden and standard of proof of evidence and admissibility
of different types and forms of evidence.
5. Students should be ready to answer any questions asked in relation to the scenario and evidence sought to be relied
upon, particularly documentary evidence.

86
ANSWERS TO THE ABOVE QUESTIONS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: ………………..
BETWEEN:
SKY SCRAPER LTD) ……………………………………………………….…..………… CLAIMANT
AND
1. ENGR. ABUTU NENFORT)
2. CREST NEWSPAPER) ……………….……………………………………….. DEFENDANTS

STATEMENT OF DEFENCE AND COUNTER CLAIM

SAVE AND EXCEPT as herein expressly admitted, the defendant denies each and every allegation of fact contained
in the statement of claim as if the same were herein set out and traversed seriatim.
1. The Defendant admits paragraphs 1, 2, 3, 4, and 5 of the statement of claim.
2. The Defendant denies paragraphs 6, 7, 8, 9, and 10 and of the statement of claim and put the claimant to the
strictest proof thereof.
3. The Defendant states that the contract revoked by the Jigawa and Delta States Government is not the fault of
the defendant.
4. The Defendant avers that the word referred to in the Statement of Claim are not defamatory but rather
statement of true fact within the knowledge of the Defendant.
5. The Defendant will rely at the trial on the following: -
a. Report on the cause of the collapsed building at Kichiko” signed by Dogo Amadu.
b. Stolen report of a two-man committee made up of Chidi Okonkwo and Adewale Femi dated the 2nd
of February 2022 which indicted sky scraper Ltd for not confirming that the materials used were
good in line with standard practice but the committee members are not coming to testify.
c.
6. This court will at the trial be urged to dismiss the Claimants claim as it is baseless and bereft of substance.
COUNTERCLAIM
7. The Defendant /Counter-Claimant repeat all the averment in the statement of defence.
8. The Defendant/Counter-claimant states that in 2015 the Claimant was helped by the Defendant to secure a
contract that was advertised by the Federal Ministry of Education for the building of Bwari Adult School
around Kuchiko Bwari on the condition that the Claimant will sublet the contracts for supply of all building
materials particularly: cement and iron rods to the Defendant through his company Butu Fort Ng Ltd.
9. The Defendant/Counter-Claimant further states that through his company, he supplied 50 bags of cement and
100 pieces of rods at the cost of N100,000,000 and the Claimant only paid the defendant N50,000,000 and
agreed to pay the balance of N50,000,000 when the Federal Government pays mobilisation.
10. The Defendant/Counter-claimant avers that the Claimant has failed to pay the balance of N50,000,000 as
agreed by the parties.
11. The defendant/ counterclaimant avers that he did not supply substandard materials to the claimant and
collapsed Administrative block of the school, Kuchiko, Bwari was not caused by the materials supplied, but
by the faults in design and construction that led to its structural failure.
12. The Defendant/Counter-Claimant avers that by reason of the matters stated above, the Defendant/Counter-
Claimant suffered loss and damages.
13. The Defendant/Counter-Claimant will rely at the trial on the following: -
a. Bank Account Statement for the year 2015 to show that only N50,000,000 was paid to him Abutu
by the Claimant Sky Scrapper Ltd.
b. Written letter acknowledging the receipt of 50 bags of cement and 100 pieces of iron rods dated 3rd
March 2015. From Skycrapper Ltd in 2015.
c. Oral evidence of the cost N50,000 being the cost of transporting the cement and iron rods from Bwari
market to Kuchiko building site in Bwari.
87
 d. A plea for the court to visit the building site for inspection of the collapsed building debris.
14. WHEREFORE the Counter-Claimant/Defendant claims against the Claimant/Defendant to counter-claim
the following reliefs:
a) A DECLARATION that the statement made by the second defendant were not defamatory or
malicious and a public apology from the claimant affirming the aforementioned statement
b) AN OREDER compelling the Claimant/Defendant to pay the sum of N50,000,000.00 being the
outstanding debt owed by the Claimant/Defendant to the counterclaim
c) To pay the sum of N100,000,000.00 as general damages suffered by the Counter-
Claimant/Defendant for breach of contract.
d) The cost of this action.

Dated this …………. day of …………………………… 2024.

………………………………..
BOYI OKEY ESQ.
Group 6 & Associates.
Counsel to the Counter-Claimant/Defendant
No. 13 NLS Road, Bwari, Abuja.
Tel: +234 905 605-3000
Email: [email protected]

FOR SERVICE ON:

C/O CLAIMANT’S COUNSEL
AWADO ETI ESQ.
Cederest & Co. Chambers
Counsel to the Claimant/Defendant
Tel: No……………………..
Email:…………………………

CLAIMANT’S CASE THEORY AND TRIAL PLAN

Ingredients Evidence of Claimant’s Authorities Relative Case Burden of

of Claim (Case Law Strength / Theory/Trial Proof
and Weaknesses Plan
Statutes)
1.Defamafo 1.Crest Newspaper publication 1. Sketch v 1.Proof of 1.Publication Publicatio
ry dated 13th November 2022 Ajabomkeferi facts of was n by the
2. Certificate of Incorporation 2.Citibank defamatory defamatory Defendant
2.Special of Sky Scraper Ltd with the Nigeria Ltd v s’ led to
Damages CAC Ikediashio 2.Presentatio 2.Presentatio the
3. Letter of contract award to n of facts to n of revocation
3. General Sky Scraper Ltd by Jigawa and 3.Okechukwu proof witnesses at of the
Damages Delta States Government v UBA PLC reputation in the trial contracts
dated 1st November 2022 and & Anor the already
4. Cost of 5th November 2022 construction awarded
Action 4. Original Letter of 4. Awoniyi v industry. by the
Revocation of Contract by AMORC 3. Non- Jigawa
Jigawa State Government existence of and Delta
dated 20th December 2022 witnesses States
88
5. Photocopy of Letter of 5.Fawehinmi Governme
Revocation of Contract by the v IGP nt
Delta State Government dated
27th December 2022 6. Torri v
6. Letter of acknowledgement Ukpabi
of submission of bid and in
compliance with all 6. S.89 and
requirements from Jigawa and 90 Evidence
Delta States Government dated Act 2011
30th September 2022 and 29th
September 2022
7. Photo copy of sales of land
agreement (3 hectres) between
Alhaji Abubakar Maigoro and
Sky Scraper Ltd at Kuchiko
dated 15th November 2015
8. Bills of Quantity on the cost
of building the Estate in Jigawa
dated 20th November 2022
prepared, signed and submitted
by John Mathew a Quantity
Surveyor who is now late.

89
Generally there are various types of judicial evidence as listed in the Evidence Act 2011, they include:

1. Oral evidence

2. Real evidence

3. Direct evidence

4. Circumstantial evidence

5. Hearsay evidence

6. Documentary evidence

7. Computer Generated evidence

The kind of evidence the plaintiff will lead to proof the case of defamation include documentary evidence,
computer generated evidence, real evidence, direct evidence, hearsay evidence, oral evidence, and
circumstantial evidence.

1. Documentary Evidence: is one of the principal means of proof which is of great utility in the probative process.
According to Uglow, documentary evidence is of considerable importance in both civil and criminal
proceedings.... reliance on documentary evidence is often worthwhile as it is regarded as having greater weight.
Often the information has been compiled closer to the events, and unlike a witness, a document will not be shaken
by cross-examination. Section 258 (1) (a)-(d) of the Evidence Act 2011 defined document as including books,
maps, plans, graphs, drawings, photographs and also include any matter expressed or described upon any
substance by means of letters, figures or marks or by more than one of these means intended or which may be
used for the purpose of recording that matter. (b) any disc, tape, sound track or other device in which sounds or
other data (not being visual images) are embodied so as to be capable (with or without the aid of some other
equipment) of being reproduced from it; and (c) any film, negative, tape or other device in which one or more
visual images are embodied so as to be capable (with or without the aid of some other equipment) of being
reproduced from it; and (d) any device by means of which information is recorded, stored or retrievable including
computer output.

Section 258 (1) defines computer as "any device for storing and processing information and any reference to
information being derived from the other information is a reference to its being derived from it by calculation,
comparison or any other process. It is clear that from the definition of document now covers computer generated
information as evidence. Sections 83-120 of the Evidence Act 2011 also makes provisions for computer generated
documentary evidence.

Documentary Evidence is classified into public and private and admitted as either primary or secondary
evidence.

Primary Evidence: Section 86(1) of the Evidence Act 2011 defines primary evidence as (1) "primary evidence
means the document itself produces for the inspection of the court"; This is the best evidence rule. The various
types of evidence are provided in subsections (2-4)

Secondary Evidence: they are classified into five listed in Section 87 of the Evidence Act 2011 as follows: (a)
certified copies given under the provisions of the Act; (b) copies made from the original by mechanical or
electronic processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;
(c) copies made from or compared with the original; (d) counterparts of documents as against the parties who did

90
not execute them; (e) oral account of the documents of a document given by some person who has himself seen
it.

2. Computer Generated Evidence: Section 84 of Evidence Act 2011 has now permitted electronically generated
evidence in court unlike the old Evidence Act that contained no express provisions in respect of computer
generated evidence. The Evidence Act 2011 makes provisions for the admissibility of computer generated
evidence upon the fulfillment of certain conditions listed in Section 84(1) - (5) of the Act.

3.Real Evidence: Section 258 (1) Evidence Act 2011 defines real evidence as anything other than testimony,
admissible hearsay or a document the contents of which are offered as evidence of a fact at a trial, which is
examined by the court as a means of proof of such fact. Nokes in his own part also defines real evidence as
material objects, other than documents produced for inspection of the Court". Black's Law Dictionary defines
"real" as in civil law, relating to a thing (whether movable or immovable) as distinguished from a person". In
other words, real evidence relates to a thing as distinguished from a person. Real evidence refers in effect to
material, tangible objects for example a plot of land or even the scene of an accident to which court may proceed
on a visit. They also include animals and every inanimate thing. Section 127(1) and (2) of the Evidence Act 2011,
the court may require production of real evidence for inspection or proceed on a visit to the locus in quo. Section
127 (2) (a) provides for two methods of visit to locus in quo as follows:

(i). The court adjourns and continues sitting at the locus; or

(ii). The court attends the locus, inspects and returns to continue sitting at the court room. I'm this latter method,
evidence of what transpired at the locus shall be given in the court room after the visit.

4. Direct Evidence: Section 126 of the Evidence Act 2011 provides that: subject to the provisions of Part III, oral
evidence must in all cases whatever be direct:-

(a) If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw that fact;

(b) To a fact which could be heard, it must be the evidence of a witness who say he heard that fact;

(c) To a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a
witness who says he perceived that fact by that sense or in that manner;

(d) If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person
who holds that opinion on those grounds.

Provided that the options of experts expressed in any treaties commonly offered for sale, and the grounds on
which such opinion are held, may be proved by the production of such treaties if the author is deed or cannot be
found, or has become incapable of giving evidence or cannot be called as a witness without an amount of delay
or expense which the court regards as unreasonable. Section 126 of this Act is the exclusionary rule against
hearsay evidence which is largely a common rule doctrine. Direct oral testimony is vital in the probative process.
But it is vital to note that a reported speech may or may not be hearsay evidence. It depends on its objective. If
the objective of the witness in reporting what someone else has told him, is to establish the truth of what he was
told then it is inadmissible hearsay because it is a mere repetition of what some other person has said.

5. Hearsay Evidence:- Hearsay evidence is generally inadmissible because it consists of a repetition by a witness
of what another person said or wrote, to prove the truth of the facts as stated by that other person. Section 37 of
the Evidence Act 2011 provides that: Hearsay means a statement- (a) oral or written made otherwise than by a
witness in a proceeding; or (b) Contained or recorded in a book, document or any record whatever, proof of which
is not admissible under any provision of this Act, which is tendered in evidence of the purpose of proving the
truth of the matter. According to Section 38 of the Evidence Act 2011, Hearsay evidence is not admissible except
as provided in the Evidence Act or some other Act. Although there are exceptions to Hearsay evidence as provided
in Section 39 of the Evidence Act 2011: Statement whether oral or written, of facts in issue or relevant facts made
91
by persons who cannot be called as witnesses either they are deed, or cannot be found or they have become
incapable of giving evidence or their attendance cannot be procured without an unreasonable amount of delay or
expense, are admissible under Section 40 to 50 of the Evidence Act.

6. Oral Evidence:- This is testimony evidence, otherwise called viva voce evidence. It is the oral testimony, that
is, assertions and statements of parties and witnesses in court and includes writing and signs by dumb witnesses.
Section 176(1) and (2) of the Evidence Act 2011. Section 125 of the Evidence Act 2011 provides that, except the
contents of documents may be proved by oral evidence.

However under the High Court Civil (Procedure) Rule of Lagos and Abuja, the testimony of witnesses are to be
reduced into writing, Sworn on oath and termed as "witness statement on oath" and frontloaded before hearing
begins. For instance, Order 5 Rule 1(2)(c) of the Lagos Rules 2019 provides that "All civil proceedings
commenced by Writ of Summons shall be accompanied by written statement on oath of the witnesses except on
subpoena". Order 2 Rule 2(2)(c) of the Abuja Rules also provides that a Writ of Summons is to be accompanied
by witness statement on oath. In Lagos, the Rules further provide that he witness shall adopt his witness statement
on oath as his oral testimony in court. In Abuja, the practice is same. So the witness statement on oath upon
adoption during proceeding in court is treated as the oral evidence of the witness, that is his evidence in Chief.
The idea of reducing the testimony of witnesses into writing is to save the time of the courts and also prevent the
springing of surprises on the opposing party. Section 126 Evidence Act 2011 provides that: oral evidence must
be in all cases be direct, subject to the exceptions made in Part IV. The section incorporates the common Law
rule against hearsay evidence. Section 128 of the Act makes provisions for the presentation exclusion of oral by
documentary evidence. That it is a fact has been reduced into writing, that fact shall be admissible in the written
form only and oral testimony of it shall be admissible. See Olowu v Building Stock Ltd (2020) ALL FWLR (Pt
1071) 536 (SC) at 613, para C-E.

Section 205 of the Evidence Act 2011 provides that oral evidence should be on oath or affirmation, subject to the
exceptions in sections 208 and 209. However, by Section 206, caution shall be administered before a summoned
witness gives evidence.

7. Circumstantial Evidence: - Black's Law Dictionary defines circumstantial evidence as: (a) Evidence based
on inference and not on personal knowledge or observation. It is also termed indirect evidence; oblique evidence.
(b) All evidence that is not given by testimony and also: All that which is applied to the Principal fact, indirectly
or through the medium of other facts, by establishing certain circumstances or minor facts, already described as
evidentiary, from which the principal fact is extracted and gathered by a process of special inference. Nwadialo
also described circumstantial evidence as evidence, not of the fact in issue, but of other facts from which the fact
in issue can be inferred. Direct evidence is not always possible or available hence the need for and the use of
circumstantial evidence. The Evidence Act 2011 does not expressly describe any form of category of evidence as
circumstantial but there are a range of substitutionary, collateral and inclusive rules in various Sections of the Act
particularly from Section 4 to 13, which could be reckoned under the rubric of circumstantial evidence. In
particular Section 9 provides that: Facts not otherwise relevant are relevant if: (a) They are inconsistent with the
fact in issue or relevant fact; and

(b) By themselves or in connection with other facts they make the existence or non-existence of any fact in issue
or relevant facts probable or improbable. Circumstantial evidence pertains more to criminal cases than to civil
cases, but it is also relevant to civil proceedings. For instance, certain facts that may constitute circumstantial
evidence include facts that are relevant to: (a) Quantum of damages (b) State of mind such as intention,
knowledge, good faith, negligence, rashness, ill-will or good will towards any particular person; (c) Whether an
Act was intentional or accidental; (d) Existence of course of business when relevant.

92
The documents the Plaintiff intends to reply on to proof special damages include:

1. Newspaper Publication containing defamatory statement dated 13th December 2022

2. Certificate of incorporation of Sky Scrapper Ltd
3. Letters of contract award by Jigawa and Delta States Government dated dated 1 st November, 2022 and
5th November, 2022
4. Original letter of revocation of award of contract from Jigawa State Government dated 20th December
2022
5. Photocopy of the letter of revocation of contract written by the Delta States Government dated 27 th
December 2022.
6. Letter of acknowledgement of submission of bid and compliance with all requirements from the Jigawa
and Delta States Government dated 30th September 2022 and 29th September 2022.
7. Bills of quantities on the cost of building the estate in Jigawa state dated 20 th November 2022 prepared,
signed and submitted by John Mathew a Quantity Surveyor who is now late.
8. Photo copy of sales of land agreement between Alhaji Abubakar Maigoro, the owner of 3 hecters of land
and the Sky Scraper Ltd dated 15th November, 2022

The necessary documents for the Claimant to plead in the scenario include:

1. Newspaper Publication containing defamatory statement dated 13th December 2022

2. Certificate of Incorporation of Sky Scraper Ltd
3. The letters dated 30th of September 2022 and 29th September 2022, which are letters of acknowledgment
of submission of bid and compliance with all requirements from Jigawa State Government and Delta
State Government.
4. Letter of award of contract from Jigawa State Government dated 1st November 2022
5. Letter of award of contract from Delta State Government dated 5th day of November 2022
6. The original letter of revocation of award of contract written by the Jigawa State Government dated the
20th day of December 2022
7. The photo copy of the letter of revocation of the contract written by the Delta State Government dated
the 27th day of December 202s as the original is missing.
8. Bills of quantities (CTC) on the cost of building the estate in Jigawa dated 20th November 2022 prepared,
signed and submitted by John Mathew a quantity surveyor who is now late.
9. Photo copy of sales of land agreement between Alhaji Abukakar Maigoro, the owner of 3 hecters of land
and the Sky Scraper Ltd dated 15th November 2022.

The procedures for tendering the above documents in Court are as follows:

1. If the document to be tender requires proper foundation to be laid, counsel should ask the witness
preliminary questions in order to lay proper foundation as contained in Section 89 and 90 of the Evidence
Act 2011, secondary evidence in lieu of primary evidence.
2. The document should then be shown to the witness to confirm that it is the document in question.
3. If the witness confirms the document, the counsel should then make an oral application to the court to
tender it in evidence.
4. The court clerk should take the document from the witness and show both the opposing counsel as well
as the court for their inspection.
5. After his inspection, if the opposing counsel has an objection to make, he will promptly inform the court
that he objects and then addresses the court on his grounds of objection.
6. The applicant's counsel then responds to the objection.

93
 7. The court makes a ruling on the objection. If it upholds the objection, it will reject the document and it
will be marked "Tendered and rejected". If it overrules the objection, it will admit the document in
evidence and mark it "Tendered and admitted as Exhibit....."
8. If opposing Counsel does not object and the court considers the document admissible, it will mark the
document "Tendered and Admitted as Exhibit...".

DEFENDANT’S CASE THEORY AND TRIAL PLAN

Ingredients Evidence of Authorities Relative Theory of the Burden of

of Defence/ Defendant’s (Case Law Strength / case/Trial Proof
Counter and Weaknesses Plan
Claim Statutes)
1.Plea of 1. Report signed by 1.Fawehinmi 1.Proof of facts 1.Crest Crest
Justification Dogo Amadu on the v IGP to discredit newspaper newspaper
2. Debt Cause of the collapsed 2.Citibank defamatory publication publication
owed by the building at Kuchiko Nigeria Ltd v was not was fair and
Claimant to Ikediashio 2. Claimant has defamatory justified
the 2. Report signed by the 3.Okechukwu no reputation in 2. Presentation
Defendant two(2) man Committee v UBA PLC the trade/ of witnesses at
3.Special (Chidi Okonkwo and & Anor construction the trial
Damages Adewale Femi) dated 4. Awoniyi v industry. 3. Dogo
Claimant) 2nd February 2022 AMORC 3.Non-existence Amadu
4.General 5. Torri v of witnesses
Damages 3. Bank account Ukpabi
5. Cost of statement of 2015 of 6. Ss. 84, 89
Action Engr. Abutu and 90
Evidence Act
4. Letter of 2011
Acknowledgement of 7. S.126
50 bags of cements and Evidence Act
100 iron rods dated 3rd 2011, Order 2
March 2022 from Sky Rule 2(c)
Scraper Ltd Abuja

5. Oral Evidence of
N50,000 being cost of
transport of cements
and iron rods from
Bwari to Kuchiko
building site

6. Plead with the court

to visit the collapsed
building site at Kuchiko
“locus in quo”
94
The document Defendant's will relied on for his defence include:

1. Plea of Justification (must be in writing on oath) Order 2 Rule 2(2)(c) Abuja

2. Report on the cause of collapsed building signed by Mr. Dogo Amadu
3. Stolen report of a two man committee made up of Chidi Okonkwo and Adewale Femi dated the 2 nd of
February 2022 which indicted sky scraper Ltd for not confirming that the materials used were good in
line with standard practice
4. Bank Account Statement for the year 2015 to show that only N50,000,000 was paid to him (Abutu) by
the Claimant Sky Scrapper Ltd.
5. Written letter acknowledging the receipt of 50 bags of cement and 100 pieces of iron rods dated 3rd
March 2015. From Sky Scrapper Ltd in 2015.
6. Oral evidence of the cost N50,000 being the cost of transporting the cement and iron rods from Bwari
market to Kuchiko building site in Bwari. (It must be reduced in writing and on oath in line with Order
2(2)(c) of Abuja Rules 2018.
7. A plea of the court to visit the building site for inspection “locus in quo"

Where documents are admitted and proper foundation need to be lay for admissibility of the above
documents in the scenario in court are as follows:-

 Witnesses’ statement of Oath must be frontloaded and proper foundation lay on on oath.
 Generally, for a document to be admissible, it must be relevant, in admissible form and it must be pleaded.
The best evidence is the primary evidence but sometimes the primary evidence may not be available for
a variety of reasons and so parties seek to tender secondary evidence.
 As a counsel who seeks to tender the above documents in court during trial, the counsel must lay proper
foundation for the documents to be admissible. Section 83 EA and S. 84(2) of the EA must be complied
with.
 To lay a proper foundation simply means to proffer statutorily permissible explanation or excuse in order
to be allowed by the court to tender the secondary evidence as prescribed in Sections 89 and 90 of this
Act in lieu of primary evidence.
 If the Counsel fails to lay proper foundation in order to tender secondary evidence, the court may object
to the admissibility of the secondary evidence of a private document at the point of tendering same, the
court is bound to admit the document because it is not legally inadmissible.
 The party who ought to have objected but fail not to do so, cannot raise the issue on appeal because he is
viewed as having slept on his rights.
 Counsel must ensure that the circumstances under which he seeks to tender the secondary evidence falls
within one of the right circumstances listed in section 89 under which it is statutorily permissible to tender
secondary evidence.

Public Document: public Documents are defined in section 102(a) and (b) of the Evidence Act 2011.

(a) Documents forming the official acts or records of the official acts of:-

(i) the sovereign authority;

(ii) the official bodies and tribunals or

95
(iii) of public officers, legislative, judicial and executive, whether or Nigeria or elsewhere; and

(b) Public records kept in Nigeria of private documents.

An important feature of public documents under section 102(a) is that they usually relate to public matters, for
public purposes and are open for public inspection by persons who may be concerned with the documents.
Examples of public documents under section 102(a) of the Act include but not limited to license and permits
issued by licensing authorities, certificates and testimonials issued by government owned and training institutions
and various public authorities, agencies and institutions, court judgments and other court proceedings and
processes, proceedings and other transactions of legislative houses and local government authorities such as
legislative bills, Act/Laws and Bye Laws and other legislative instruments, official gazettes, public notices,
memoranda, minutes of meeting and other records of government departments correspondences between
government agencies and functionaries. See Bayo v. Njida. The court of Appeal held that primary school
certificate is a public document since it forms part of the Act or record of the tribunal.

Examples of public documents under section 102(b) of the Act include conveyances and other instruments
affecting real estate, which are registered with the various land Registries across the country, Memorandum and
Article of Association and other incorporation documents filed with the Corporate Affairs Commission as well
as documents filed with the Registrar of Marriage etc.

Private Documents: section 103 of the Evidence Act 2011 provides that "all documents other than public
documents are private documents". A document that has been authored and kept by any person in his private
capacity is a private document. Private documents are made written by public office or private person in their
private capacity. Examples include private letters, personal diaries, journals etc.

Newspaper: whether a private or public document for purposes or Admissibility.

As regards the above question of whether a newspaper is a private or public document for purposes of
admissibility, it appears that the case is in two parts. In the case of Bello HO v I & S Int'l Ltd (2005) ALL FWLR
(Pt 245) 822. The court of Appeal per Stanley Allagoa (JCA as he then was) held that a newspaper is a private
document. His Lordship stated as follows:

"Newspaper and Magazines in Nigeria and indeed the world over have come to commend such aura of
responsibility and reliance among the reading public that surprisingly, even among learned gentlemen of the
legal profession the tag "public document" is better ascribed to them than "private document". This is a wrong
concept for as fast as the Nigerian Law of Evidence is concerned, they are not public documents but private
documents".

Going by this decision, a newspaper bought across the street from a vendor can be tendered and admitted in
evidence like any other private document.

By virtue of section 86(4) of the Evidence Act 2011, a newspaper bought across the street from the vendor is a
primary evidence of the copies deposited with the National Library as prescribed by section 4 of the National
Library Act and do it can be tendered and admitted in evidence unless there is a contention as to: (a) the
authenticity of the paper or its content; or (b) the original is lost or destroyed and there is no way to find another
copy of the same edition, then a CTC from the National Library will be admissible as secondary evidence.

In the case of libel, it might be appropriate to tender a CTC as clear evidence of publication. See Ugo v. Okafor
(1996) 3 NWLR (Pt. 438) 542; Awoniyi v AMORC (1990) 6 NWLR (Pt 154) 42.

Another case in which the status of a newspaper came up before their Lordship was in the Court of Appeal
decision in Fawehinmi v IGP (2000) 7 FWLR (Pt 12), it was held that a newspaper is a public document. Our
view is that this earlier decision is correct based upon a combined reading of section 102(b) of the Evidence Act
2011 and section 4 of the National Library Act. Section 102(b) of the Evidence Act 2011 defines a public document
96
as a private document of which a public record is kept. Section 4 of the National Library Act requires a copy of
every newspaper published in this country to be kept at the National Library. By virtue of this provision and in
practice, public record is kept of every newspaper. To our minds therefore, a combined reading of section 102(b)
of the Evidence Act and National Library Act qualifies a newspaper as a public record kept in Nigeria of a private
document. In other words, it brings a newspaper within the second arm of the definition of a public document
that is section 102(b) of the Evidence Act. This in effect would mean that Counsel seeking to tender a copy of a
newspaper in court ought to get a CTC of the newspaper from the National Library. In practice, many counsel
who desire to tender a newspaper in court avoid possible objections based on Section 89(1)(e) of the Evidence
Act 2011 by obtaining a CTC of the newspaper from the National Library.

In the instant case, going by the two decisions of the Court of Appeal, crest newspaper publication can be tender
as either private document or public document but have to fulfill the requirements of a private or public document.
But in practice, it will be advisable to tender it as a public document using CTC.

CLAIMANT’S DOCUMENTS

Public Document Private Primary Secondary Admissible Inadmissi

Document Evidence Evidence ble
1. Newspaper 1.Newspape When When The general rule If proper
Publication r newspaper is a newspaper is a of admissibility of foundation
See Fawehinmi v Publication Private copy, it public documentary is not laid
IGP; S. 102(b) and see Bello is Primary document, it evidence is by the
S. 4 National Library HO v I &S evidence becomes a provided in S. Counsel,
Act Int’l Ltd, S. because the secondary 83(1) EA 2011. the
86(4) EA document has evidence Where newspaper document
2011; Ugo v been authored because it is is tendered in is rejected,
Okafor; and kept by the CTC that court, the Counsel it would
Awoniyi v any private is obtained has to lay proper be marked
AMORC person in his from the foundation as “Tendered
Any private National provided in S. 89 and
document capacity. Library. & 90 EA 2011. rejected”
outside S. If the document is and the
102 (a) & accepted it would document
(b) EA 2011 be mark cannot be
is a private “Tendered and re-
document. admitted as tendered
Exhibit.” in the
same
proceedin
g
2. Certificate of NIL The original If the Counsel Both primary and NIL
Incorporation of Sky Certificate of tender secondary
Scrapper Ltd. S. 102 Incorporation photocopy it evidence are
(b) EA 2011 is a primary would be admissible by the
evidence regarded as court when
Secondary counsel has lay
evidence proper foundation.
3. Original letter of NIL Original letter Photocopy of Generally, primary NIL
Contract from of contract the letter of and secondary
Jigawa State award is a contract award evidence is

97
government and primary is a secondary admissible. When
Photocopy of evidence evidence the document is
Contract Letter from tendered in court,
Delta State it may require
government are proper foundation
public documents to be lay by the
Counsel. If the
document is
accepted it would
be mark
“Tendered and
Admitted as
Exhibit….”
4. Revocation letters NIL NIL Revocation The secondary NIL
of contract award letters of evidence is
from Jigawa and contract award admissible in
Delta States from Jigawa court when proper
Government are also and Delta foundation is lay
public document. States by the counsel. If
S.102(a) EA 2011 Government the document is
are secondary accepted it would
evidence be mark
“Tendered and
Admitted as
Exhibit ….”
NIL 5. Letters of NIL Letters of S. 83 EA 2011 Nil
acknowledg acknowledge provide for
ement of ment of bid admissibility of
submission submission documentary
of bid and from Jigawa evidence in court
compliance and Delta if the Counsel has
with States lay proper
requirement Government foundation. If
s from are secondary accepted they
Jigawa and evidence would be marked
Delta States “Tendered and
Government Admitted as
of Exhibit…”
Acknowled
gement are
public
documents
as provided
in S. 102(b)
EA 2011. It
is public
record kept
in Jigawa
State
98
 government
of private
documents.
6. Bill of Quantities NIL NIL Copy of Bill The copy of bill of NIL
on the cost of of Quantities quantities is
building the estate in is secondary admissible
Jigawa State evidence. S. because of its
prepared, signed and 87 EA 2011 relevancy and fact
submitted by John in issue, if the
Mathew a Quantity Counsel has lay
Surveyor who is now proper foundation.
late. S. 102(b) EA If accepted, it
2011 would be marked
“Tendered and
Admitted as
Exhibit…”
7.Photocop Photocopy of Secondary
y of sales of sales of land evidence is
land agreement admissible but the
agreement between counsel may need
between Alhaji to lay proper
Alhaji Abubakar foundation. If
Abubakar Maigoro, and accepted it would
Maigoro, Sky Scraper be marked
the owner Ltd is a “Tendered and
of 3hecters secondary Admitted as
of Land and evidence. S. Exhibit….”
the Sky 87 EA 2011
Scraper Ltd

DEFENDANT’S DOCUMENTS

Public Private Document Primary Secondary Admissible Inadmissi

Document Evidence Evidence ble
NIL 1. Plea of Plea of NIL The general rule of If proper
justification justification admissibility of foundation
S. 103 EA 2011. falls within documentary evidence is not laid
The plea of primary is provided in S. 83(1) by the
justification is a evidence EA 2011. Counsel,
private document because it is The plea of justification the
since it is authored directly from is a direct evidence document
by a private person the maker of which can be tender in is rejected,
kept in the capacity the document. court, the Counsel has it would
of a private person. to lay proper foundation be marked
as contained in S. 89 & “Tendered
90 EA 2011. and
If the document is rejected”
accepted it would be
99
 mark “Tendered and
Admitted as Exhibit…”
2. Report on the NIL Secondary Not admissible because Inadmissib
cause of collapsed evidence the report falls within le because
building at Kuchiko, the rule of hearsay it is
signed by Mr. Dogo evidence. S. 38 EA 2011 against S.
Amadu. This also a except as provided 67 EA
private document under S 39 – 50 EA 2011
within the context of 2011. except as
S. 103 of EA 2011 provided
in S. 68-
76 of this
Act.
Nil 3. Stolen Report of a NIL Secondary Generally hearsay Hearsay
two man committee evidence evidence is not evidence
made up of Chidi admissible but has is
Okonkwo and exceptions under S. 39 inadmissib
Adewale Femi dated EA 2011 which provides le S. 38
2nd February 2022 that statement whether EA 2011.
which indicted Sky oral or written of facts Except as
Scraper for not in issue or relevant facts provided
confirming that the made by persons who in S. 39-
materials used were cannot be called as 50 of this
good in line with witnesses either because Act.
standard practice. they are deed or cannot
be found or they have
become incapable of
giving evidence or their
attendance cannot be
procured without
unreasonable amount of
delay or expense are
admissible under S. 40-
50 of the EA 2011.
NIL 4. Bank Account NIL Secondary Electronically generated Nil
statement for the evidence. evidence is admissible
year 2015 to show Bank when proper foundation
that only Account is lay by the Counsel as
N50,000,000 was Statement provided in S. 84(1)-(5)
paid to him (Abutu) is a and S. 89 & 90 EA
by the Claimant Sky computer 2011. If accepted, it
Scraper Ltd generated would be marked
evidence. “Tendered and Admitted
S. 84 (1) as Exhibit….”
EA 2011,
See
Anyeabosi

100
 vRT
Briscoe
NIL 5. Written letter of Secondary The written letter of If rejected
Acknowledging the evidence acknowledgement is the
receipt of 50 bags of admissible in line with document,
cement and 100 S. 83 EA 2011, but it would
pieces of iron rods proper foundation has to be marked
from Sky Scraper be lay as provided S. 89 “Tendered
Ltd in 2015 but has & 90 EA 2011. and
lost the receipt Rejected”.
issued to him. The
document
cannot be
re-
tendered.
NIL 6. Oral evidence of NIL Secondary The document may not Inadmissib
the cost of N50,000 evidence be admissible but with le in line
being the cost of the exceptions under with S.
transporting the part VIII: S.128 EA 125 EA
cement and iron 2011. The oral 2011
rods from Bwari testimony must be
market to Kuchiko reduced in writing as
building site (it must contained in Order 2
be reduced in Rule 2(2)(c) of the
writing and on oath Abuja Rules. The
in line with Order testimony of witnesses
2(2)(c) of Abuja is reduced into writing
Rules 2018) Sworn on oath and
termed as “witness
statement on oath” see
also Oder 5 Rule 1(2)(c)
of Lagos.
7. Plea of NIL Primary Oral evidence refers to NIL
the court evidence (real as Real evidence is
to visit the evidence). S. permissible under S.
building 127 EA 2011. 127 EA 2011
site for If oral
inspection evidence refers
refers to as to the
"locus in existence or
quo". condition of
any material
thing other
than that in a
document, the
court may of
think fit visit

101
 the “locus in
quo”.

The burden and standard of proof:

Burden of proof means the obligation that a party bears to adduce evidence in court to establish his case.
Standard of proof on the other hand means the quantum of level of proof required to establish the case.
If the party who bears the burden of proof fails to discharge that burden, it is quite likely he will lose the
case. Also, if the trial court misdirects itself as to who bears the burden of proof and/or the standard of
proof required of the party, and a complaint is made to an appeal court, it may prove fatal to the judgment
on appeal. See Hajia Buba and 2 Ors v Hajia Bukar (2003) FWLR (Pt 193) 38. It is therefore important
for the court to correctly identify who bears the burden of proof and the required standard of proof, just
as it is important for the party who bears the burden of proof to ensure that he discharges same.

Burden of Proof
Section 131 Evidence Act 2011 provides that whoever desires any court to give judgment as to any legal
right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
When a person is bound to prove the existence of any fact it is said that the burden of proof lies on that
person. Burden of proof is also known as legal burden of proof or general burden of proof or persuasive
burden of proof.

The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were
given on either side. S. 132 of the EA 2011. Thus a claimant must satisfy the court that conditions which
entitle him to a relief have been satisfied. The consequence of failure to discharge this burden is certainty
of failure of the case in whole or part as illustrated in the case of Bupa v Buka (2003) FWLR (Pt 183)38.

Burden of proof in civil cases

The burden of proof in civil cases ultimately lies on the plaintiff or claimant because he is the party who
makes a claim and if no evidence is adduced, he will fail in his claim. But where he has adduced
satisfactory evidence in support of his claim, the onus then lies on the defendant to rebut the evidence.
This is an inter-play of the burden of proof.

The Evidential Burden of proof

This refers to the burden of producing evidence or introducing evidence or adducing evidence, it means
the burden on a party to adduce evidence whether at the beginning of the case of later moments
throughout the trial, capable of supporting but not necessarily proving a fact in issue. The burden rest
on a party who would fail if no evidence at all or if no further evidence, as the case may be was adduced
by either side. The evidential burden will rest initially upon the party bearing the legal burden, but as
the weight of evidence given by either side during trial varies, the evidential burden may the shift to the
party who would fail if no further evidence were adduced.

Standard of proof in civil cases

Section 134 of the Evidence Act 2011 provides that the standard of proof in a civil case is on a balance
of probabilities. Therefore, in order to secure a judgment, a plaintiff or claimant need only establish in
court his story more probable that that of the defendant. He need not establish his case beyond reasonable
doubt. He also need not call a host of witnesses to achieve this. The important thing is that the evidence
adduced must be credible, cogent, reliable and convincing.

102
WEEK 12: 16TH APRIL, 2024
PRECLASS ASSIGNMENT ON: TRIAL PREPARATION AND EVIDENCE 2
Content
1. Opinion Evidence and Expert Witnesses
2. Witnesses generally including Special Witnesses like Children, Experts and Hostile Witnesses
3. Use of Subpoenas, Witness Summons and Statements
4. Competence and Compellability of Witnesses.
Outcomes
At the end of this lesson students would be able to:
i. Explain the principles regulating the evidence of special witnesses like children, experts and hostile
witnesses;
ii. Prepare witness statements obeying ethical rules;
iii. Explain and discuss the principles regarding competence and compellability of witnesses;
iv. Explain and discuss the use of subpoenas and witness summons.
Activities before Class
1. During weeks 9/10 lessons, students were grouped in 3s or 4s to hold pre-trial conference on one of
the 2 cases on which they exchanged pleadings. For week 12 lesson, the same group of 3s or 4s should
meet to discuss the lesson for week 12 and divide themselves into 2- one group acting for the
claimant/plaintiff and the other acting for the defendant. The student(s) acting for the plaintiff should
prepare witness statements on oath and serve the other party and the defendant should also do the same
for the defence case.
2. Students should also make a list of ethical guideline in the preparation of a witness statement. 2.
Students should have samples of subpoenas and witness summons.
Activities in Class
1. Tutor in plenary explains and discuss the principles regarding competence and compellability of
witnesses; discusses how to prepare witness statements obeying ethical rules; explain and discuss the
use of subpoenas and witness summons - 50 minutes. 2. Tutor gives an overview on the competence and
compellability of witnesses; use of subpoenas and witness summons (for competent and compellable
witnesses) using the pleadings and cases produced by the students to question the students for answers
and illustration- 40 minutes.
2. Tutor gives an overview on the competence and compellability of witnesses; use of subpoenas and
witness summons (for competent and compellable witnesses) using the pleadings and cases produced
by the students to question the students for answers and illustration- 40 minutes.

103
Witness Statements on Oath for the Defendants

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD) ………………………………………………………….. CLAIMANT
AND
1. ENGR. ABUTU NENFORT
2. CREST NEWSPAPERS ……….…………………………………… DEFENDANTS

WITNESS STATEMENT ON OATH OF ENGR ABUTU NENFORT

I, Engr Abutu Nenfort, Male, Adult, Christian, Engineer and a Nigeria citizen of No. 2 Ave Maria Street,
Bwari, Abuja, do hereby make oath and state as follows:
1. That I am the 1st defendant in this suit, by virtue of which I am conversant with the facts of this
suit.
2. That in 2015, I and the Claimant (Sky Scrapper limited) entered a contract for the supply of 50
bags of cement and 100 pieces of iron rods at the cost of N100,000,000 (One Hundred Million
Naira).
3. That the Claimant only paid the sum of N50,000,000 (Fifty Million Naira) and agreed to pay the
balance of N50,000,000 (Fifty Million Naira) when the Federal Government pays mobilization.
4. That a week after the Claimant built the administrative block of the building of the school, the
building collapsed.
5. That the Claimant even after several demands to pay the balance of N50,000,000 (Fifty Million
Naira) refused to pay.
6. That on the 30th of October 2022 I granted an interview to Crest Newspapers.
7. That on the 5th of November the interview was published by Crest Newspapers.
8. That the Claimant thereafter filed an action for defamation against me.
9. That this statement is made conscientiously and in good faith believing the same to be true in
accordance with the Oath Act.
____________
WITNESS
Sworn to at the High Court of Federal Capital Territory Registry, Abuja
This ……………………... day of April, 2024

BEFORE ME

COMMISSIONER FOR OATH

104
 IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA
IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD) ………………………………………………………….. CLAIMANT
AND
1. ENGR. ABUTU NENFORT
2. CREST NEWSPAPERS …..………………………………………… DEFENDANTS

WITNESS STATEMENT ON OATH OF CREST NEWSPAPER

I, Ayo Musa Etim, Male, Adult, Muslim, Journalist, Nigeria Citizen of No. 6 Shagari Drive, Maitama
Abuja, do hereby make oath and state as follows
1. That I am the Chief Executive Officer of Crest Newspapers by virtue of which I am conversant
with the facts of this suit.
2. That on 30th of October I conducted an interview with the 1st Defendant, Engr Abutu Nenfort.
3. That the said interview was published on the 5th of November 2022.
4. That the said publication was the exact words of the 1st Defendant.
5. I make this statement conscientiously and in good faith believing the same to be true in
accordance with the Oath Act.
____________
WITNESS
Sworn to at the High Court of Federal Capital Territory Registry, Abuja
This ………………….. day of April, 2024

BEFORE ME

COMMISSIONER FOR OATH

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD) ………………………………………………………. CLAIMANT
AND
1. ENGR. ABUTU NENFORT
2. CREST NEWSPAPERS ………………………………………… DEFENDANTS

WITNESS STATEMENT ON OATH OF DOGO AMADU

I, Dogo Amadu, Male, Adult, Muslim, Engineer and Nigeria Citizen of No. 25 Nigerian Law School
Road, Bwari, Abuja, do hereby make oath and state as follows:

105
 1. That I am an eye witness to the collapsed administrative block building at Kuchiko by virtue of
which I am conversant with the fact surrounding this suit.
2. That after the collapse of the building I was contacted by the 1st Defendant to investigate the
cause of the collapse of the administrative block building.
3. That in the course of my investigation, I observed that the concrete mixture was disproportionate
and at variance with standard practice.
4. I make this statement conscientiously and in good faith believing the same to be true in
accordance with the Oath Act.
____________
WITNESS
Sworn to at the High Court of Federal Capital Territory Registry, Abuja
This ………………….. day of April, 2024

BEFORE ME

COMMISSIONER FOR OATH

Ethical guidelines in the preparation of a witness statement

1. A Lawyer shall not engage in any conduct which is unbecoming of a Legal Practitioner. Rule 1
Rules of Professional Conduct (RPC).
2. A lawyer has a duty to represent a client throughout the case and be present personally when
employed by a client. Rule 14(4) RPC.
3. A Layer must be diligent in the prosecution of a case by preparing his witnesses and ensuring
that they are in court and prepared for the trial. A lawyer must ensure also that all documents to
be tendered are ready and where they need certification or be translated into the English
language, that it is done. Negligence in handling of a client’s case may be of a nature as to amount
to professional misconduct. Order 34 Lagos High Court Civil Procedure Rules 2021, Rule 14(5)
RPC.
4. A lawyer must avoid presenting a case otherwise than the one told to them by the party. It is
unethical to fabricate facts that do not exist. A lawyer must not create and preserve evidence
which is false. Rule 15(3) RPC.
5. A Lawyer shall not conduct a civil case or make defence in a civil case when he knows or ought
to know that it is intended merely to harass or to injure the opposite party or to work oppression
or wrong. Rule 24(3). RPC.
6. A Lawyer shall not participate in a bargain with a witness either by contingent fee or otherwise
as a condition for giving evidence. Rule 25(2). RPC.
7. A Lawyer shall not state or allude to any matter which he has no reasonable believe is relevant
to the case or that will not be supported by admissible evidence. Rule 32(3)(a). RPC.
8. A Lawyer shall not intentionally or habitually violate any established rule of procedure or of
evidence. Rule 32(3)(e). RPC.
9. A Lawyer as officer of court must always treat the court with respect and dignity in terms of the
manner of address and general dealings with the court. Rule 30 & 31 RPC

106
A subpoena is a process used to compel a person to attend a trial and give testimony or tender documents
or both.
There are two types of subpoena, Subpoena ad Testificandum and Subpoena Deuces Tecum. A
Subpoena ad Testificandum compels a witness to appear before the Court and give evidence orally. He
will be cross examined. The Subpoena Deuces Tecum compels a witness to produce a document in his
custody relevant to the trial. He does not become a witness strictu sensu and cannot be cross examined
unless and until he is called as a witness. Section 219. Evidence Act
A subpoena deuces tecum et ad testificandum is used to compel a party to produce documents and to
testify orally.
A subpoena can only be issued by superior Courts whereas a witness summons can be issued by the
inferior Courts as well as superior Courts.

Subpoena ad Testificandum

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD) ……………………………………………………….…. CLAIMANT
AND
1. ENGR. ABUTU NENFORT
2. CREST NEWSPAPERS ….………………………………………… DEFENDANTS

SUBPOENA AD TESTIFICANDUM
To:
Dogo Amadu,
No. 25 Nigerian Law School Road,
Bwari, Abuja

You are commanded in the name of the President and Commander-in-Chief of the Armed Forces of the
Federal Republic of Nigeria to attend the High Court of Justice at Federal Capital Territory, Abuja on
the 16th day of April 2024 at 9 O’clock in the forenoon and so from day to day till the above cause is
tried, to give evidence on behalf of the 1st Defendant.

Dated this 5th day of April 2024

_______________________
JUDGE

107
Subpoena Deuces Tecum

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD) ………………………………………………..…………. CLAIMANT
AND
1. ENGR. ABUTU NENFORT
2. CREST NEWSPAPERS ……………………………………………. DEFENDANTS

SUBPOENA DEUCES TECUM

To:
Dogo Amadu,
No. 25 Nigerian Law School Road,
Bwari, Abuja

You are commanded in the name of the President and Commander-in-Chief of the Armed Forces of the
Federal Republic of Nigeria to attend the High Court of Justice at Federal Capital Territory, Abuja, on
the 16th day of April 2024 at the hour of 9 O’ Clock in the forenoon and so from day to day until the
above cause is tried, to give evidence on behalf of the 1st Defendant and also to bring with you and
produce at the time aforesaid the Report on the Cause of the Collapsed Administrative Block
Building at Kuchiko.

Dated this 28th Day of March 2014

__________________________
JUDGE

108
Witness Summons

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY, ABUJA

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD) ………………………………………………………. CLAIMANT
AND
1. ENGR. ABUTU NENFORT
2. CREST NEWSPAPERS ……………………………………………. DEFENDANTS

WITNESS SUMMONS
You are summoned to attend the High Court of Justice at Federal Capital Territory, Abuja on the 16th
day of April, 2024 at the hour of 9 O’ Clock in the forenoon and so from day to day until the above
action is tried, to give evidence in the above action or matter.
IN DEFAULT of your attendance, you will be liable to forfeit N25,000.00 if there was paid or tendered
to you at the time of the service of this summons your reasonable expenses of travelling to and from the
Court, together with a sum as compensation for loss of time according to the prescribed scale.

Dated this 5th day of April, 2024

__________________________
JUDGE

To: Dogo Amadu of No. 25 Nigerian Law School Road, Bwari, Abuja
This summons was issued in the application of the 1st Defendant.
Sum to be paid and tendered to the witness N25,500.00

109
WEEK 12: 16TH APRIL, 2024
CLASS ACTIVITY: CASE STUDY
City links Transport Company limited is a thriving transport company with a fleet of buses. 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 National Hospital, Abuja, was travelling, form Lokoja
to Abuja in his brand new Mercedes Benz ML 340 jeep car with Registration Number ABJ 999 BWR,
which he bought for Eight Million Naira ( ₦8,000.000. 00) only. On getting to Giri Junction, near
Gwagwalda, in the Federal Capital Territory, 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. Darlington 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 University of Abuja Teaching Hospital,
Gwagwalada, Abuja, where he received treatment and was discharged after one week. The treatment, in
all, cost him one Hundred Thousand Naira (₦100,000.00) only, for which the hospital issued him a bill
and a receipt. Dr. Henry Obama has now commenced an action for negligence at the High Court of the
Federal Capital territory; Abuja against Mr. Darlington Okoye (a.k.a Osama) and City Links Transport
Company Limited claiming general damages to the tune of Five Hundred Thousand Naira (₦500,
000.00) only, and special damages of Eight Million and One Hundred Thousand Naira (₦8,100,000.00)
only for his damaged car and treatment.

110
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: _______________
BETWEEN:
DR HENRY OBAMA ………………………………………………. CLAIMANT
AND
1. DARLINGTON OKOYE
2. CITY LINKS TRANSPORT COMPANY LTD………………………………………….. DEFENDANTS

WRITTEN STATEMENT ON OATH OF DR HNERY OBAMA (CLAIMANT)

I, Henry Obama Male, Adult, Medical Doctor, Nigerian Citizen of No. 25 Ago Street, Garki Abuja, do
hereby make oath and state as follows:
1. That I am the Claimant/Applicant in this suit by virtue of which I am conversant with the facts of
the case.
2. That I am a Consultant Physician at the National Hospital, Abuja
3. That on 14th February 2015, I was traveling from Lokoja to Abuja in my brand new Mercedes Benz
ML 340 Jeep with Registration Number ABJ 999 BWR, which I bought for Eight Million Naira
(N8,000,000.00) only.
4. That on getting to Giri junction near Gwagwalada in the Federal Capital Territory driving at a speed
of 120km per hour, I noticed a motor cycle rider attempting to cross tye road ane applied break to
avoid hitting him.
5. That immediately my vehicle was hit by Links Transport Company Limited driven my Mr.
Darlington Olkoye (aka Osama), 1st Defendant/Respondent.
6. That my car was badly damaged as a result of the accident.
7. That my vehicle was written off completely. I sustained serious injuries and had to be rushed to the
University of Abuja Teaching Hospital, Gwagwalada, Abuja where I received treatment and was
discharged after one (1) week.
8. The Claimant treatment at the hospital cost One Hundred Thousand Naira (N100,0000.00) only.
9. The general damages incurred as a result of the accident is Five Hundred Thousand Naira
(N500,000.00) only and Special damages of Eight Million One Hundred Thousand Naira
(N8,000,000.00) only for damaged car.
10. The Claimant is claiming a total sum of Eight Million Six Hundred Thousand Naira
(N8,600,000.00) only as treatment and general damages including special damages.
11. I make this solemn for conscientiously believing the same to be true and by virtue of the provision
of the Oath act.
….…………

111
 Witness

SWORN to at the High Court Registry, Abuja

This ……day of …….2024

BEFORE ME
COMMISSIONER FOR OATHS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: _______________
BETWEEN:
DR HENRY OBAMA ………………………………………………. CLAIMANT
AND
1. DARLINGTON OKOYE
2. CITY LINKS TRANSPORT COMPANY LTD……………………………………….. DEFENDANTS

WRITTEN STATEMENT ON OATH OF DARLINGTON OKOYE (1ST DEFENDANT)

I, Darlington Okoye (AKA Osama) Male, Adult, Nigerian Citizen of No. 23 Dobi Street,
Gwagwalada, Abuja do hereby make Oath and state as follows :
1. I am the 1st Defendant of this suit and a Driver to the 2nd Defendant by virtue of which I am
conversant with this case.
2. That on 14th February, 20215, I was driving from Lokoja to Abuja.
3. On getting to Giri junction, near Gwagwalada in the Federal Capital Territory my vehicle (Bus) hit
the Claimant’s vehicle Mercedes Benz ML 340 Jeep behind and the vehicle was written off.
4. The Claimant was taking to University of Abuja Teaching Hospital Gwagwalada, Abuja where he
received treatment and was discharged after one week.
5. I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provision of the Oath Act

………………
Witness
112
SWORN at the High Court Registry, Abuja
This …….day of……….2024

BEFORE ME
COMMISSIONER FOR OATHS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: _______________
BETWEEN:
DR HENRY OBAMA ………………………………………………. CLAIMANT
AND
1. DARLINGTON OKOYE
2. CITY LINKS TRANSPORT COMPANY LTD……………………………………….. DEFENDANTS

WRITTEN STATEMENT ON OATH OF AUDU IBRAHIM (SPECIAL MARSHAL)

I, Audu Ibrahim, male, adult, Nigerian Citizen of No. 15 Kontagora Street, Gwagwalada, Abuja do
hereby make oath and state as follows:
1. I am a Special Marshal of the Federal Road Safety Corps and an eye witness to the accident that
took place at Giro junction, near Gwagwalada Abuja, on 14th February 2015 between the Claimant and
the 1st Defendant.
2. That the Claimant was driving at a speed of 120km per hour noticed a motorcycle rider attempting
to cross the road and applied break to avoid hitting him.
3. The 1st Defendant hit the Claimant’s vehicle behind which resulted to injuries and the Claimant’s
vehicle being written off.
4. The Claimant was taking to University of Abuja Teaching Hospital Gwagwalada, Abuja where he
received treatment and was discharged after one week.
5. I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provision of the Oath Act

………………

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 Witness
SWORN at the High Court Registry, Abuja
This …….day of……….2024

BEFORE ME
COMMISSIONER FOR OATHS

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WEEK 13: 22ND APRIL, 2024

PRE CLASS ASSIGNMENT: ON EXAMINATION OF WITNESSES

Students groups (i.e. those of 3s or 4s) of week 10 would be required to prepare to present examination
of witnesses based on the pleadings and witness statements exchanged. The Judge or judges of the
groups in week 10 would now act as witnesses. The witness statements used by the groups in week 11
would be used here. The plaintiff/claimant in the group would prepare the witness for examination in
chief (and re-examination if necessary) while the defendant would get ready to cross examine the same
witness- 20 minutes. Party in each group use not more than 5 minutes each to examine or cross-examine
a witness and additional 2 minutes for re-examination where necessary. The Tutor acts as Judge and
time-keeper. Discussions should follow each group’s presentations. No objections should be allowed
during each examination but students should be asked to make note of any objections they may have to
any question and present it during the discussions that follow. Tutor would need to make the students
take note of the manner of presenting examination-in-chief in jurisdictions like Lagos where witness
statements are generally adopted. Where a video clip is a matter that dwells on criminal litigation, the
attention of the students need be drawn to that and noting any difference between any forms in the
process from civil litigation.

ANSWERS

Examination of Witnesses

The Evidence Act 2011 in Section 210 provides that the order in which witnesses are produced and
examined shall be regulated by the law and practice for the time being relating to civil procedure and in
the absence of such law at the discretion of the court. No law has yet been made to regulate the practice
and procedure for production of witnesses. The practice is that it is left to the discretion of counsel to
determine which witness to call first and which should come last for the maximum effect in the
prosecution of a case.

Order of Examination of Witnesses

In terms of order of examination of a witness who has been produced before a court, the Act provides
that a .....witness shall be first examined-in-chief, then, if any other party so desires, cross examined,
then, if the party calling him so desires, re-examined. Section 215 of the Evidence Act 2011.

Therefore, the order is examination in chief, cross examination and re-examination. The first step is
mandatory, the last two steps are optional.

EXAMINATION-IN-CHIEF:

This is an examination of a witness by the party who calls him. Section 214 Evidence Act 2011. It is the
first examination of a witness and the purpose of this examination is to elicit facts favourable to the case
of the party calling him.

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Leading questions are disallowed that suggest the answer expected by the person putting the question.
Section 221(1) Evidence Act 2011. However, leading questions may be allowed in the following
instances:

a) Questions that are merely introductory;

b) Questions on undisputed facts; or
c) Questions on matters that have been, in the opinion of the court, sufficiently established or
proved.

Procedure for Adoption of Written Statement on Oath of Witnesses

A) Introductory Questions

Here questions are asked as to the name, occupation and address of the witness: for example

Examination-In-Chief of the CEO of Sky Scraper

Counsel: Can you tell this Honourable Court your name?

Witness: My name is Christopher Dotun

Counsel: What do you do for a living?

Witness: I am an Engineer, I deal on building construction.

Counsel: Where do you live?

Witness: I leave at No. 50 Dara Street, Bwari, Abuja.

B. Identification of the Written Statement on Oath of Witnesses

Counsel: Do you remember making any written statement on Oath in this case?

Witness: Yes, I did.

Counsel: If you see the written statement on oath, will you recognize it?

Witness: Yes, I will recognize it.

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Counsel: How will you recognize it?

Witness: I will recognize it by my signature. My name is also on the written statement on oath.

Counsel: My lord, I will apply that this witness of oath is shown to the witness for the purpose of

identification

Judge: Registrar, you may show the witness the written statement on oath

Counsel: Is that the Written Statement on Oath?

Witness: Yes, this is the written statement on oath

C. Statement of Adoption

Counsel: What do you want the court to do with your written statement on Oath?

Witness: I want the court to take it as my testimony before this court in this case

Counsel: My Lord the witness has adopted the Written Statement on Oath as his evidence-in-chief in

this case.

D. How to Tender a Document Through a Witness

Counsel: Mr. Christopher Dotun, in paragraph 5. of your written Statement on oath you alluded to a

publication dated 5th November 2022 by the 2nd Defendant (Crest Newspaper), the content which you

have described as defematory, the publication obtained from the National Library of Nigeria CTC copy

upon payment and receipt issued, is that correct.

Witness: Yes. That is correct

Counsel: If you see the said publication will you recognize it?

Witness: Yes
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Counsel: How will you recognize it?

Witness: By the exact words as published in the Crest Newspaper

Counsel: My Lord, I apply that this document be shown to the witness to confirm if it is the publication

Judge: Registrar, show the document to the witness

Counsel: Christopher Dotun is that the publication

Witness: Yes, this is the publication, I authored the publication.

Counsel: My Lord, I apply to tender the publication dated 5th November 2022 by Crest Newspaper

At this stage the document is shown to the Counsel to the other party. If there is an objection to the
admissibility of the documents, the argument is taken. If the Counsel didn’t object it, the Court is bound
to accept it. However even if there is no objection by the opposing Counsel, the court is bound to reject
it.

NOTE: Documents admitted are marked as “Exhibit” while the documents rejected are marked
“Rejected”

CROSS-EXAMINATION

This is the second stage of examination of witnesses other than the party who called him. Section 214(2)
of the Evidence Act 2011.

Suggested Cross Examination Questions for Sky Scraper Ltd

Counsel: You are an Engineer

Witness: Yes/No

Counsel: Can you tell this Honourable court your educational background and qualifications?

Witness: ……………………………………………………………………….

Counsel: How many years of experience do you have working in the field of engineering

Witness:……………………….

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Counsel: Engr. Abutu helped you to secure the contract for the building of Bwari Adult School around
Kuchiko when it was advertised by the Federal Government?

Witness: Yes/No

Counsel: Engr. Abutu supplied through his company the building materials as requested by your
company?

Witness: Yes/No

Counsel: Can you explain the process you follow to ensure the quality and safety of the structure you
work on?

Witness: ………………………………………………………………………………………..

Counsel: Your Company commenced building of the school with the Administrative Block?

Witness: Yes/No

Counsel: Can you tell this Honourable court what happened to the building upon completion?

Witness:……………………………………………………………………………………….

Counsel: Do you know that the Nigerian Society of Engineers conducted investigation on the building?

Witness: Yes/No

Counsel: Can you tell this court the discovery of the Nigerian Society of Engineers?

Witness: …………………………………………………………………………………..

Counsel: Are you familiar with Public Procurement Rules as published by the Bureau of Public
Procurement (BPP)?

Witness: Yes/No

Counsel: are you aware that public procurement processes are free with minimal tender costs?

Witness: Yes/No

Counsel: Are approvals of contract awards by Delta and Jigawa State Governments at costs?

Witness: Yes/No

Counsel: Was the claimant required by anyone in the Delta State Government to pay for the bidding
and approval processes?

Witness: Yes/No

Counsel: Can you confirm the amount paid for each of the bidding process?

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Witness: Yes/No

Counsel: Can you confirm the amount paid for the approval of the contract process? Witness:

Witness: Yes/No

Counsel: Was the claimant required by anyone in the Jigawa State Government to pay for the bidding
and approval processes?

Witness: Yes/No

Counsel: Can you confirm the amount paid for the bidding process?

Witness: Yes/No

Counsel: Your Witness’ Statement on oath alluded that the 1st Defendant claimed that your company
constructed buildings that eventually collapsed.

Witness: Yes/No

Counsel: What was the medium of the denial you stated in paragraph 5 of your Witness’ Statement on
Oath?

Witness: ……………………………………………………..

RE-EXAMINATION

This is the third stage of examination of a witness which is also optional. Re-examination is the second
of examination of a witness by the party who called him after cross examination. The goal of re-
examination is to clear ambiguities that may have arisen at the cross examination stage. It is not an
opportunity to do damage control or adduce further evidence that was not presented during examination
in-chief.

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WEEK 14: 30TH APRIL 2024

ACTIVITIES BEFORE CLASS

1. Students are to read the topics in advance of the class lesson. Students are also to prepare one page
opinion on one judgment on a case from the law report pointing out any strengths and weaknesses in
the judgment.
2. The week 10 students groups prepare in writing and present within their groups closing addresses in
their cases (week 10 )- plaintiff/Claimant against Defendant while the judges in each group make a
note of opinion on the closing addresses.

1: The legal opinion on the strengths and weaknesses in the judgment of “Ukeje v Ukeje (2014) 11
NWLR (Pt. 1418) 384”
1. Introduction:
The judgment of the Supreme Court on the aforementioned case was delivered in 2014, roughly 33 years
after the deceased Lazarus Ogbonaya Ukeje passed on. The decision of the Supreme Court finally laid
the matter to rest on female inheritance of her father’s property. Gladys Ukeje had a right to be included
in her father's estate. The Supreme Court condemned the Igbo customary practice of excluding women
from inheriting their father's estate, declaring the practice null and void. The judges stated that the
practice was repugnant to natural justice, and it contradicted the Section 42 of the 1999 Constitution of
the Federal Republic of Nigeria.
2. Strength of the Judgment
For ages, Igbo people excluded women from inheriting properties. It was believed that a woman was
not fit to inherit her father's properties because she would go on to marry and belong to a new family.
Since a woman 'belonged' to another family and families wanted to keep their properties in the family,
women were now allowed to inherit properties.
3. Weaknesses of the Judgment
Although the Court's declaration and pronouncements have gone a long way in stopping Igbo women
from being disinherited, there are several limitations to the judgment as follows.
a). Slow Administration of Justice in Nigeria: The tortoise-like justice system in Nigeria is a massive
blockade to Igbo women demanding justice when they are prevented from inheriting their fathers. It is
often said that "Justice delayed is justice denied" the hero, in this case, Gladys Ukeje, spent 31 years in
litigation. The justice system is not swift enough for Igbo women who cannot afford to spend so much
time on a case. When these women think of how long it may take to get justice, they get discouraged.

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b). Ignorance of the Position of the Law: Many Igbo women are still unaware of their right to inherit
their father's properties, nor are they aware that their daughters can inherit properties and that relatives
are not allowed by law to seize their late husband’s properties because they do not have male children.
For the law to take full effect and bring about significant change, more Igbo women need to be educated
on these landmark cases.
c). Religious and Cultural Orientation: Religious and cultural programming stands in the way of many
Igbo women seeking the law for redress when relatives have disinherited them. Culturally and
religiously, women are expected to be meek, unassuming, and accepting of whatever is thrown at them.
d). Fear for their Safety: Many Igbo women are genuinely scared to contest being disinherited out of
fear for their safety. It is not uncommon for families to fight dirty to take ownership of real properties.
Igbo women are very often bullied into forsaking their inheritance.
4. Conclusion
There is no doubt that the right for a female child to inherit her father’s property is now guaranteed.
Now Gladys Ukeje effort has paved way for all Igbo women to inherit from their Father’s Estate. Despite
the limitations of the judgment, the decision of the Supreme Court of Nigeria on this case has far
reaching positive implication on a female child regarding inheritance of her father’s estate.

2. Defendant Final Written Address

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
SUIT NO: _______________
BETWEEN:
SKY SCRAPER LTD ………………………………………………. CLAIMANT
AND
1. ENGR ABUTU NENFORTH
2. CREST NEWSPAPER …………………………… DEFENDANTS

DEFENDANTS’ FINAL WRITTEN ADDRESS

1.0 INTRODUCTION
This action was commenced by the Claimant by writ of summons dated 19th day of March, 2024 against
the Defendants claiming the following reliefs:
1. A DECLARATION that the interview granted by the 1st Defendant and published by the 2nd Defendant
is defamatory.
2. Special Damages
3. General Damages
4. AN ORDER commanding the Defendants to make public apology.
Accompanying the Claimant’s Writ of Summons are the Statement of Claim, Witness Statement on
Oath, List of Witness and Document.

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The Defendants in response to the Claimant’s suit entered appearance by filing a conditional
memorandum of appearance, its Statement of Defence, Witness Statement on Oath, List of Witness and
Document.

2.0 BRIEF STATEMENT FACTS

a. The 2nd Defendant on Monday 5th November, 2022 published an interview granted by the 1st Defendant
on the 30th of October, 2022.
b. The 2nd Defendant said in the interview that the Claimant is company populated by inexperienced
Engineers which made it to be involved in 90 percent of the buildings that have collapsed in the FCT in
the last two years. He added that he midwifed a contract that was awarded to the Claimant, the building
of Adult School in Kuchiko Bwari which collapsed one week after it was built by the Claimant.
c. The Claimant claimed that Jigawa and Delta State Governments revoked the contracts for construction
of low-cost housing for their earlier awarded to it on the 20th of December, 2022 and 27th of December,
2022 respectively.
d. The Claimant further claimed that the contract awarded by Jigawa and Delta State Government worth
N7Billion and N13Billion respectively, and that it has expended cumulatively N2.5Billion to secure the
contract before the revocation of the contracts by the Jigawa and Delta State Governments.
e. The 1st Defendant helped the Claimant secure a contract advertised by the Federal Ministry of Education
for the building of Bwari Adult School around Kuchiko, Bwari in 2015.
f. The 1st Defendant through his company supplied 50 bags of cement and 100 pieces of rods at the cost of
N100,000,000 to the Claimant but the Claimant only paid him N50,000,000 with an agreement to pay the
balance of N50,000,000 when the Federal Government pays mobilization.
g. The Claimant refused to pay the 2nd Defendant the said balance of N50,000,000 and this constitutes the
1st Defendant’s ground for counterclaim in this suit.
h. A week after the Claimant completed the building of Administrative Block of the Bwari Adult School,
Kuchiko, Bwari, the building collapsed.
i. The Nigerian Soceity of Engineers conducted investigation of the cause of the building and discovered
that the Claimant used substandard materials which was responsible for the collapse of the structure.
j. The Claimant filed an action in defamation before this Honourable Court.

3.0 ISSUES FOR DETERMINATION

It is humbly submitted that the issues for determination are as follows:
1. Whether the statement of the 1st Defendant in the interview published by the 2nd Defendant is defamatory.
2. Whether the 1st Defendant is entitled to the outstanding balance of the consideration for the contract
between him and the Claimant.
3. Whether the Claimant is entitled to Special and General Damages being sought for.

4.0 LEGAL ARGUMENT

ISSUE 1
Whether Sthe statement of the 1st Defendant in the interview published by the 2nd Defendant is
defamatory
My Lord, we humbly submit on this issue that the statement of the 1st Defendant is not defamatory.
My Lord, to determine whether or not a statement is defamatory, it is necessary that we examine the
definition of defamation. In Emmanuel Bekee Ors v Friday Ebom Bekee (2012) AELR 2259 (CA)
defamation is said to be “the communication of statement that makes a claim, expressly stated or implied
to be factual, that may give an individual, business, product, group, government, or nation a negative or
inferior image.”
My Lord, for a plaintiff to succeed in this kind of action there must be proof by evidence that the
statement complained of is false. Where this is not established with other ingredients, then the plaintiff
has not discharge the burden on him. Failure to establish any one of these ingredients is fatal to the
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plaintiff’s case. These ingredients as established in Iloabuchie v. Iloabuchie (2005) 13 NWLR (Pt.
943) 695 SC are as follows:
i. Publication of the offending words;
ii. That the words complained of refer to the plaintiff;
iii. That the words are defamatory of the plaintiff;
iv. That the words were published to third parties;
v. That the words were false or lack accuracy; and
vi. That there are no justifiable legal grounds for the publication of the words.

My Lord, looking at the circumstances of this case, it clear that the Claimant cannot proof that the
statement of the 1st Defendant is false. The Exhibits before this court all proved the fact that a great
number of construction projects handled by the defendant collapsed mere days after it was built.
My Lord, if a matter is a true proven fact, how can one raise the eyebrow of suspicion at the truth?
Clearly, the statement made by the defendant is far from defamatory, but is in fact the truth and it our
prayer that this fact be upheld by this honourable court.
ISSUE 2
Whether the 1st Defendant is entitled to the outstanding balance of the consideration for the contract
between him and the Claimant.
My Lord, we humbly submit that the 1st Defendant is entitled to the outstanding balance of the
consideration for the contract between him and the Claimant.
My Lord, from the circumstances of this case, it cannot be denied that there was contract between the
1st Defendant and the Claimant for the supplied of 50 bags of cement and 100 pieces of rods as contained
in paragraph 9 of the Statement of Defence and Counterclaim as same was not denied by the Claimant
in its reply. In the case of Best (Nig.) Ltd. V B.H (Nig.) Ltd (2011) 5 NWLR (Pt 1239) P. 95 at 127,
the Supreme court defined contract to mean “a legally binding agreement between two or more persons
by which rights are acquired by the party in return for acts or forbearances on the part of the other. It is
a bilateral affair which requires the ‘ad idem’ of the parties.”
My Lord, it is submitted that there was existence of contract between the 1st Defendant and the Claimant
as both parties reached agreement for the supplied of 50 bags of cement and 100 pieces of rods.
My Lord, the position of the law is that where parties have entered into a contract or an agreement, they
are bound by the provisions of the contract or agreement. As a result, therefore, where parties voluntarily
agree to do an act and one of the parties neglected or defaulted from carrying out or doing what was
agreed to be done, then there is a breach of that contract by the party who neglected or defaulted in
performing his or her own side of the contract. In PAN BISBILDER (NIG) LTD v. FIRST BANK
(NIG) LTD (2000) 1 SC 71, it was held that a breach of contract means that the party has acted contrary
to the terms of the contract either by non-performance of a term or performing it not in accordance with
its terms. See also DAAR Communications Plc v MCKEE (2022) LPELR – 57848 (CA).
We submit further that the refusal of the Claimant to pay the 1st Defendant the balance of the agreed
sum for the contract is a breach. The Claimant promised to pay the balance of the N50,000,000 but
refused to fulfil this obligation even after the 1st Defendant has performed his own part of the contract
by supplying the cements and rods as requested by the Claimant.
ISSUE 3
Whether the Claimant is entitled to Special and General Damages being sought for.
It is a settled law that once the plea of justification as to the publication in respect of the instant case has
been proved, the issue of Claimants special and general damages are disregard. For a party making claim
for special and general damages to succeed, it must be strictly proved. The term “strictly proof” means
no more than that the evidence adduced must ventilate and vindicate the particulars pleaded in the
statement of claim. NNPC v CLIFCO NIG. LTD (2011) LPELR -2022(SC). The fact that it appears

124
to be admitted does not relieve the party claiming it of the requirement of strict proof with compelling
evidence.
My Lord, in the instant case, kindly disregard the Claimant’s special and general damages since there is
prove of fair justification in this case.

5. CONCLUSION
We urged this Honourable Court therefore to dismiss the Claimant’s reliefs and grant the Defendants’
reliefs as contained in the statement of defence and counterclaims for the facts being established that:
a. The 1st Defendant statement during the interview published by the 2nd Defendant is not
defamatory but rather statement of true fact within the knowledge of the Defendant.
b. There was contract for the supply of 50 bags of cements and 100 pieces of rod between the
Claimant and the 1st Defendant which the 1st Defendant supplied to the Claimant through his
company.
c. The Claimant refused to pay the 1st Defendant the outstanding balance of the agreed sum of the
contract thereby breaching the contract.

6. LIST OF AUTHORITIES
i. BEST (NIG.) LTD. v B.H (NIG.) LTD (2011) 5 NWLR (PT 1239) P. 95 AT 127
ii. DAAR COMMUNICATIONS PLC v MCKEE (2022) LPELR – 57848 (CA)
iii. EMMANUEL BEKEE ORS V FRIDAY EBOM BEKEE (2012) AELR 2259 (CA)
iv. NNPC v CLIFCO NIG. LTD (2011) LPELR -2022(SC)
v. PAN BISBILDER (NIG) LTD v FIRST BANK (NIG) LTD (2000) 1 SC 71
vi. ILOABUCHIE v ILOABUCHIE (2005) 13 NWLR (PT. 943) 695 SC

Dated this 29th day of April, 2024.

___________________________
BOYI OKEY ESQ.
Group 6 & Associates
Counsel to the Defendants/Counter-
Claimant
No 13, NLS Road, Bwari, Abuja
Tel: +2347023324444
FOR SERVICE ON:
THE CLAIMANT COUNSEL
AWADO ETI ESQ.
Caderest & Co. Chambers,
20, NLS Road, Bwari, Abuja.

125
WEEK 15: 7TH My, 2024
Pre-Class Assignment

Students are required to read the topic APPEALS in advance and prepare for the following presentations.

1. Group 1: Present a Notice of Appeal based on the judgment delivered by the Hon. Justice L.
Freeman in Suit No LD/24/23 between Crown Kitchen Ltd and K & T Ltd. (the judgment is
attached to this pre-class assignment).
2. Group 2: Present a Notice of Appeal based on the judgment delivered by the Hon. Justice B.
Fineface in Suit No LD/10/23 between Mrs Ada Kayuba and Agricultural Bank Plc (the
judgment is attached to this pre-class assignment).
3. Groups 3 & 4: Present an Appellant’s brief, Respondent’s brief and where necessary Rely brief
based on the appeal filed in Crown Kitchen’s case.
4. Groups 5 & 6: Present an Appellant’s brief, Respondent’s brief and where necessary Rely brief
based on the appeal filed in Mrs Ada Kayba’s case.
5. Groups 7 & 8: Prepare to argue their briefs filed in Crown Kitchen’s case.
6. Groups 9 & 10: Prepare to argue their briefs filed in Mrs Ada Kayuba’s case.

NOTE

Students are to come to class with soft/hard copies of their pre-class assignments for presentations

126
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

BETWEEN: SUIT NO………

CROWN KITCHEN LTD……………………………………………………………CLAIMANT

AND
K. & T. LTD………………………………………………………………………..…DEFENDANT

JUDGEMENT

The claimant sued the defendant and claimed

a) A declaration that the contract between the parties and the partnership agreement is still valid
and subsisting.

b) An order of payment of the sum of 2.17 million Naira being proceed of a contract performed by
the parties from March 2022 to December 2023
Pleadings were exchanged by the parties and at the trial, witnesses were called in support of the
respective cases of the parties. The defendant addressed the court first and submitted, there is only one
issue for determination which is:
1. Whether the claimant has proved its case and is entitled to the claims before the court.

The defendant submitted that, exhibits ‘A’ & ‘B’, that is the contract and the partnership agreement
relied upon by the claimant did not link the defendant with the exhibits. The defendant urged the court
to dismiss the claimant’s claim with a substantial cost.

The claimant adopted the defendant’s issue and submits that, the defendant did not call or adduce any
evidence contradicting the evidence before the court and urged the court to enter judgment in its favor.

After considering all the evidence before the court, I am of the view that exhibits ‘A’ & ‘B’ speak for
themselves I therefore find that there is a contract and partnership agreement between the parties. The
claimant’s case therefore succeeds and I so hold.
Accordingly, it is ordered as follows:
a) That the contract between the parties and the partnership agreement is still valid and subsisting.
b) An order of payment by the defendant to the claimant of the sum of 2.17 million Naira being
proceed of a contract performed by the parties from March 2021 to December 2023
c) A cost of N1,000,000.00 against the defendant for the claimant.

Hon. Justice Liberty Freeman

(Judge)

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 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

BETWEEN: SUIT NO………

MRS. ADA KAYUBA…………………………………..………………………….…CLAIMANT
AND
AGRICULTURAL BANK PLC..………………………………………………….…DEFENDANT
JUDGEMENT

By a specially endorsed writ of summons dated the 19th June 2022, the claimant herein (Mrs. Ada
Kayuba) claimed against the defendant as follows:

a. The sum of N7,000.000.00 being the unpaid balance of a contract for the supply of cashew nuts
by the claimant to Malaysia on the instructions of the defendant.
b. The sum of N3,000.000.00 special damages for breach of contract
c. The sum of N4,000,000.00 general damages

Both parties called witnesses who testified on their behalf and tendered several exhibits in support of
their respective positions. I have considered the testimonies of the witnesses called by the parties and
the exhibits tendered by them. I have also considered the submissions of counsel on both sides and it is
my respectful view that two issues call for determination here:

i) Whether there was a contract between the parties

ii) Whether there was a breach by the defendant.

On the 1st issue, I have no hesitation to hold that there was valid contract between the parties. Exhibit A
clearly bear this position out especially as the defendant did not seriously join issue on this point.

On the 2nd issue, I hold that there was no breach of contract by the defendant. This is because the position
of the law as can be seen from a long line of cases is that whoever comes to equity must come with clean
hands. The claimant by supplying goods which were not fit for the special purposes for which it was
requested has failed to comply with the provisions of the Sale of Goods Act, 1891 and has therefore not
come to equity with clean hands.

Secondly, I hold that the principle of res ipsa loguitor is applicable here as the breaches by the claimant
herein speaks for themselves. On the whole, I dismiss the claimant’s claims in their entirety. I further
order as follows:

a) That the claimant return the sum of N3,000,000.00 initially paid to the claimant by the
defendant for a contract that has failed.
b) The claimant shall also pay to the defendant interest on the said sum of N3,000,000.00 at the
rate of 21% per annum from March 2016 to the date of satisfaction of this judgment.
c) Both parties are to bear their respective costs.

SIGNED
128
Hon. Justice Betty Fineface
(Judge)

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

BETWEEN: SUIT NO………

CROWN KITCHEN LTD………………………………..………………………….APPELLANT
AND
K. & T. LTD ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..……………………………………………………RESPONDENT

NOTICE OF APPEAL

TAKE NOTICE that the Appellant being dissatisfied with the decision of the High Court of Lagos
State contained in the judgment of Hon. Justice Liberty Freeman delivered on ....................do hereby
appeal to the Court of Appeal upon the grounds set out in paragraphs 3. And will at the hearing of the
appeal seek the reliefs set out in paragraphs 4. And the Appellant further states that the names and
addresses of the persons directly affected by the appeal are those set out in paragraphs 5.

2. PART OF THE DECISION COMPLAINED OF:

The whole decision

3. GROUNDS OF APPEAL
Ground one
The judgement is against the weight of evidence

Ground Two
The learned trial Judge misdirected himself when he held that after considering all the evidence before
the court, he is of the view that exhibits “A” and “B” speaks for themselves, he there find that there is
a contract and partnership agreement between the parties, the Claimant’s case therefore succeeds.
Particulars of misdirection:
a) There was ample evidence by DW 2 under cross examination to that effect.
b) The evidence of DW 2 was evidence of no contract and partnership agreement between the
parties.
Ground Three
The trial judgement erred in law because there is no contract and partnership agreement between
parties. Particulars of error:
a) Exhibits A and B relied upon by the Claimant did not link the Defendants’ with exhibits.
Ground Four
The trial court erred in law as it lacked jurisdiction to entertain the matter. Particulars of error:
a) The matter was not ripe for litigation since it was clearly stipulated on the contract agreement
that parties must submit to conciliation first before resorting to litigation.

4. RELIEFS SOUGHT
(a) An Order setting aside the decision of the lower court
(b) An Order of substantial cost
129
5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL
(i) Crown Kitchen Ltd
No. 10 Kuti Street,
Ikoyi Lagos

(ii) K & T Ltd

No. 28 Oluwale Street,
Ikeja, Lagos

Dated this ................Day of .........2024

…………………………
Abraham Nuhu Esq,
Abraham & Co. Chambers
Appellant Counsel
No. 15 Okin Street, Ikoyi Lagos
Email: [email protected]
Tel: 08035906677

FOR SERVICE ON:

Respondent
No. 10 Kuti Street,
Ikoyi Lagos

130
 IN THE COURT OF APPEAL OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO……………
APPEAL NO: ……..
BETWEEN:
CROWN KITCHEN LTD…………………………….…………………………… APPELLANT
AND
K. & T. LTD .…………………………..…………….……………………….…… RESPONDENT

APPELLANT’S BRIEF OF ARGUMENT

SETTLED BY:

Abraham Nuhu Esq,

Abraham & Co. Chambers
Appellant Counsel
No. 15 Okin Street, Ikoyi Lagos
Email: [email protected]
Tel: 08035906677
FOR SERVICE ON:
Crown Kitchen Ltd
No. 10 Kuti Street,
Ikoyi Lagos

TABLE OF CONTENT

1. Introduction
2. Brief Statement of Fact
3. Issue for Determination
4. Legal Argument
5. Reliefs Sought
6. Conclusion
7. List of Authorities
8. Address for Service

1. INTRODUCTION

This is an appeal against the judgment of Hon. Justice Liberty Freeman of the High Court of Lagos State
delivered on ……………………… in a case of breach of contract wherein the claims of the
Appellant/Claimant were dismissed by the court and judgment entered in favour of the
Respondent/Defendant. Being dissatisfied with the judgment, the Appellant through his counsel, filed a
notice and grounds of appeal dated the …….............................. and filed on the same day.

131
2. BRIEF STATEMENT OF FACT

2.1 The Respondent sued the Appellant at the Lagos State High Court at Ikeja seeking a declaration
that the contract between them and the partnership entered into by the parties was still valid and
subsisting. The Respondent also sought an order of perpetual injunction restraining the Appellant from
converting 20 vehicles to its sole use and sought an order directing a division of the vehicles among the
parties.

2.2 The Respondent also sought for payment of the sum of N2.17 Million being proceeds of a
contract performed by the parties from March 2018 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 the Appellant had its offices. A clause in the contract agreement stipulated that
the parties shall submit to conciliation before resorting to litigation.

3. ISSUE FOR DETERMINATION

i. Whether the trail Judge erred in law when he came to the conclusion that there is a contract and
partnership agreement between parties?
ii. Whether the trial Judge erred in law when ruled that the Court has Jurisdiction to entertain the
matter?

4. LEGAL ARGUMENT

4.1 On this issue whether the trail Judge erred in law when he came to the conclusion that there is a
contract and partnership agreement between parties, our answer to this question is in affirmative. At the
trial, the Appellant submitted that exhibits “A” & “B” that is the contract and the partnership agreement
relied upon by the Respondent did not link the Appellant with the exhibits. The principle of law is that,
a contract is an agreement between parties with the following elements:

i. Offer and Acceptance;

ii. Lawful Consideration;
iii. Intention to create a legal relationship;
iv. Capacity of Parties; and
v. Free Consent.

For a contract to be valid, the elements listed above must be present as the absence of which would
vitiate the contract. See Noah Bem Skaa v. Daniel Ijuh (2010) 4 NWLR (Pt. 1184) p. 16.

4.2 The Respondent has not laid any evidence to show that there was a valid contract and partnership
agreement between parties, rather the Respondent adopted the Appellant exhibits and submitted that the
Appellant did not call or adduce any evidence contradicting the evidence before the court.

.5.0 RELIEFS SOUGHT

The Appellant hereby seeks for the following reliefs:

1. An Order setting aside the judgment of the lower court.

132
 2. A declaration that there is no valid contract between the Appellant and the Respondent
3. Any such other orders as this Honourable Court may deem fit to grant in this circumstance of
this case in the interest of the Appellant.

6.0 CONCLUSION

My Lords, we urge this Honourable Court to resolve the issues in favour of the Appellant, grant the
reliefs sought and allow the appeal in that: The trial judge erred in law in holding that the contract and
partnership agreement between parties was still valid and subsisting.

7.0 LIST OF AUTHORITIES

1. Noah Bem Skaa v. Daniel Ijuh (2010) 4 NWLR (Pt. 1184) p. 16

Dated this 7th day of May, 2024

…………………………
Abraham Nuhu Esq,
Abraham & Co. Chambers
Appellant Counsel
No. 15 Okin Street, Ikoyi Lagos
Email: [email protected]
Tel: 08035906677
FOR SERVICE ON:
K. & T. LTD
No. 10 Kuti Street,
Ikeja, Lagos

IN THE COURT OF APPEAL OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO……………
APPEAL NO: ……..
BETWEEN:
MRS. ADA KAYUBA …………………………….…………………………… APPELLANT
AND
AGRICULTURAL BANK PLC .……………………………………….…… RESPONDENT
NOTICE OF APPEAL

TAKE NOTICE that the Appellant being dissatisfied with the decision of the High Court of Lagos State
contained in the judgment of Hon. Justice Betty Fineface delivered on 10th June 2019 do hereby appeal
to the Court of Appeal upon the grounds set out in paragraphs 3. And will at the hearing of the appeal
seek the reliefs set out in paragraphs 4. And the Appellant further states that the names and addresses of
the persons directly affected by the appeal are those set out in paragraphs 5.

133
2. PART OF THE DECISION COMPLAINED OF:
The whole decision

3. GROUNDS OF APPEAL
Ground one
The judgement is against the weight of evidence

Ground Two
The learned trial Judge misdirected himself when he held that there was no breach of contract by the
Respondent/Defendant. Therefore the Court held that the principle of repsa loquitor is applicable here
as the breaches by the Respondent/Defendant speaks for themselves. Particulars of misdirection:
(c) There was evidence by DW 2 under cross examination to that effect.
(d) The evidence of DW 2 was evidence of breach of contract by the Respondent/Defendant.
Ground Three
The trial judgement erred in law because there is a breach of contract by the Respondent/Defendant.
Particulars of error:
a) Exhibits relied upon by the Respondent/Defendant did not show that he made known to the
Appellant that special purpose for which he requested for the goods.
Ground Four
The trial court erred in law as the case is statute barred. Particulars of error:
a) The matter is statute barred in view of statute of limitations law.
Ground Five
The trial court erred in law as it lacks jurisdiction to entertain the matter. Particulars of error:
(a) The Federal High Court has jurisdiction to entertain the matter and not the High Court of Lagos
State.

4. RELIEFS SOUGHT
a) An Order setting aside the decision of the lower court
b) A declaration that there is a breach of contract by the Respondent/Defendant
c) Any such other orders as this Honourable Court may deem fit to grant in this circumstance of
this case.

5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL

(I) Mrs. Ada Kuyaba
No. 38 Kayode Street,
Ikoyi Lagos

(Ii) Agricultural Bank Ltd

No. 30 Olusegun Obasanjo Way,
Victoria Island, Lagos

Dated this ................Day of .........2024

Bitrus Abdullahi Esq,

Bitrus & Co. Chambers
Appellant Counsel
No. 20 Ojoluwa Street, Ikoyi Lagos
Email: [email protected]
134
 Tel: 08035904422

FOR SERVICE ON:

Respondent
No. 10 Kuti Street,
Ikeja, Lagos

IN THE COURT OF APPEAL OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO……………
APPEAL NO: ……..
BETWEEN:
MRS. ADA KAYUBA …………………………….…………………………… APPELLANT
AND
AGRICULTURAL BANK PLC .……………………………………….…… RESPONDENT

APPELLANT’S BRIEF OF ARGUMENT

SETTLED BY:

…………………………
BOYI OKEY ESQ.
Counsel to the Appellant
Group 6 & Associates
No 13, NLS Road,
Bwari, Abuja
FOR SERVICE ON:
AGRICULTURAL BANK PLC
No. 30 Olusegun Obasanjo Way,
Victoria Island, Lagos

TABLE OF CONTENT

9. Introduction
10. Brief Statement of Fact
11. Issue for Determination
12. Legal Argument
13. Reliefs Sought
14. Conclusion

135
 15. List of Authorities
16. Address for Service

1. INTRODUCTION

This is an appeal against the judgment of Hon. Justice Betty Fineface of the High Court of Lagos State
delivered on the 10th day of June 2019 in a case of breach of contract wherein the claims of the
Appellant/Claimant were dismissed by the court and judgment entered in favour of the
Respondent/Defendant. Being dissatisfied with the judgment, the Appellant through his counsel, filed a
notice and grounds of appeal dated the 18th day of September 2018 and filed on the same day.

2. BRIEF STATEMENT OF FACT

2.1 The case at the High Court of Lagos was a breach of contract predicated on the defendant’s
refusal to pay the balance of N7,000,000.00 being the unpaid balance on the contract for the supply of
cashew nuts by the claimant to Malaysia on the instruction of the defendant.

2.2 The Appellant entered into contract with the Respondent to supply cashew nuts to Malaysia with
the understanding that the balance of N7,000,000.00 (Seven Million Naira) will be paid upon delivery
of the cashew nuts to Malaysia. The Appellant delivered the goods to Malaysia as agreed but the
Respondent alleged that the goods were not fit for the special purposes for which it was requested and
thereby refused to pay the outstanding balance as agreed with the Appellant. After several demand for
payment without success, the Appellant/Claimant filed an action in the Lagos State High Court claiming
the balance of the contract sum and for damages. The Respondent/Defendant counterclaimed for the
sum of N3,000,000.00 (Three Million Naira) being the amount paid to the Appellant. The lower court
admitted evidence from the Appellant and the Respondent and found in favour of the
Respondent/Defendant while dismissing the claim of the Appellant/Claimant in their entirety.

3. ISSUE FOR DETERMINATION

Whether the Trail Judge erred in law when he came to the conclusion that there was no breach of contract

4.0 LEGAL ARGUMENT

4.1 At the trial, evidence was led by the parties to prove that a valid contract was entered into and
that down payment was made by the Respondent and that the Appellant supplied cashew nut to the
Malaysia on the instruction of the Respondent. The Appellant at the trial further led evidence to prove
that the goods were supplied based on sample and by description, hence the application of Section 15
and 16 of the Sale of Goods Law of Lagos, 2015. Furthermore, there is no implied condition that goods
supplied under a contract of sale must fit for a particular purpose, it is sufficient that the goods be fit for
the purpose or purposes for which goods of such nature are commonly used. It is the duty of the buyer
to expressly or by implication make it known to the seller any particular purpose for which the goods
are being brought.

Section 14(1) of the Act provides:

136
 “Subject to the provisions of this Act and of any Statute in that behalf, there is no implied
condition or warranty as to the quality or fitness for any particular purpose of goods supplied
under a contract of sale.”

Section 14 further provides that:

(3) Goods are of merchantable quality if they are as fit for the purpose or purposes for which
goods of that kind are commonly bought and as durable as it is reasonable to expect having
regard to any description applied to them, the price (if relevant) and all the other relevant
circumstances, and any reference in this Act to unmerchantable goods shall be construed
accordingly.

(4) Where the seller sells goods in the course of a business and the buyer, expressly or by
implication, makes known to the seller any particular purpose for which the goods are being
bought, there is an implied condition that the goods supplied under the contract are reasonably
fit for that purpose, whether or not that is a purpose for which such goods are commonly
supplied, except where the circumstances show that the buyer does not rely, or that it is
unreasonable for him to rely, on the seller’s skill or judgment.

4.2 The combined effect of these subsections is that, for a buyer to succeed in a claim that the goods
supplied by the seller are not fit for a particular purpose, such a buyer is expected to show that he
expressly or by implication made it known to the seller such a special or particular purpose for which
he is buying the goods. This is because, there is no implied condition that the seller must supply goods
fit for any particular purpose in so far as the goods is fitness for the ordinary purpose for which it is
used.

4.3 The Respondent has not laid any evidence to show that he made it known to the Appellant that
special purpose for which he requested for the goods. All the case of the Respondent is that the goods
supplied by the Appellant were not fit for special purpose and not that the goods were not fit for the
ordinary purpose for which they are used. There is not any evidence that the goods supplied by the
Appellant differed in essential particulars from what is ordered.

4.4 The contention of the Appellant right from the trial stage has been that the goods supplied were
as ordered by the Respondent and is in line with the basis of which the contract was entered into and
that the Respondent did not inform him that the goods were needed for any special purpose. To that
extent, the Respondent did not perform his own side of the contract.

5.0 RELIEFS SOUGHT

The Appellant hereby seeks for the following reliefs:

4. An Order setting aside the judgment of the lower court.

5. A declaration that there is breach of contract by the Respondent/Defendant.
6. Any such other orders as this Honourable Court may deem fit to grant in this circumstance of
this case in the interest of the Appellant.

137
6.0 CONCLUSION

My Lords, we urge this Honourable Court to resolve the sole issue in favour of the Appellant/Claimant,
grant the reliefs sought and allow the appeal in that: The trial judge erred in law in holding that there
was no breach of contract.

7.0 LIST OF AUTHORITIES

Statutory Authorities
2. Sale of Goods Law of Lagos, 2015

Dated this 7th day of May, 2024

…………………………
BOYI OKEY ESQ.
Counsel to the Appellant
Group 6 & Associates
No 13, NLS Road,
Bwari, Abuja
Email:[email protected], Tel:
08035903322
FOR SERVICE ON:
AGRICULTURAL BANK PLC
No. 30 Olusegun Obasanjo Way,
Victoria Island, Lagos
Email: [email protected]
Tel: 09023509001

IN THE COURT OF APPEAL OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO……………
APPEAL NO: ……..
BETWEEN:
MRS. ADA KAYUBA …………………………….…………………………… APPELLANT
AND
AGRICULTURAL BANK PLC .……………………………………….…… RESPONDENT

RESPONDENT’S BRIEF OF ARGUMENT

SETTLED BY:

…………………………
MOSES JOSEPH ESQ.
Respondent’s Counsel
Moses & Co

138
 No 33, NLS Road,
Bwari, Abuja
FOR SERVICE ON:
BOYI OKEY ESQ.
Appellant’s Counsel
Group 6 & Associates
No 13, NLS Road,
Bwari, Abuja
TABLE OF CONTENT

1. Introduction
2. Statement of Facts
3. Issue for Determination
4. Legal Argument
5. Reliefs Sought
6. Conclusion
7. List of Authorities
8. Address for Service

1. INTRODUCTION

This is a respondent’s brief or argument in response to the Appellant’s brief of argument against the
judgment of Hon. Justice Betty Fineface of the High Court of Lagos State delivered on the ………. day
of ………………., 2024 in a case of breach of contract wherein the claims of the Appellant/Claimant
were dismissed by the court and judgment entered in favour of the Respondent/Defendant. Being
dissatisfied with the judgment, the Appellant through his counsel, filed a notice and grounds of appeal
dated the …….. day of ……………… 2024 and filed on the same day.

2. BRIEF STATEMENT OF FACT

2.1 The case at the Lagos State High Court was a breach of contract predicated on the defendant’s
refusal to pay the balance of N7,000,000.00 being the unpaid balance on the contract for the supply of
cashew nuts by the claimant to Malaysia on the instruction of the defendant.

2.2 The Appellant entered into contract with the Respondent to supply cashew nuts to Malaysia with
the understanding that the balance of N7,000,000.00 (Seven Million Naira) will be paid upon delivery
of the cashew nuts to Malaysia. The Appellant delivered the goods to Malaysia as agreed but the
Respondent alleged that the goods were not fit for the special purposes for which it was requested and
thereby refusing to pay the outstanding balance as agreed with the Appellant. After several demand for
payment without success, the Appellant/Claimant filed an action in the Lagos High Court claiming the
balance of the contract sum and for damages. The Respondent/Defendant counterclaimed for the sum of
N3,000,000.00 (Three Million Naira) being the amount paid to the Appellant. The lower court admitted
evidence from the Appellant and the Respondent and found in favour of the Respondent/Defendant
while dismissing the claim of the Appellant/Claimant in their entirety.
139
3. ISSUE FOR DETERMINATION

Whether the Trail Judge erred in law when he came to the conclusion that there was no breach of contract

4. LEGAL ARGUMENT

4.1 At the trial, evidence was led by the parties to prove that a valid contract was entered into and
that down payment was made by the Respondent and that the Appellant supplied cashew nut to
the Malaysia on the instruction of the Respondent. The Appellant at the trial further led evidence
to prove that the goods were supplied based on sample and by description, hence the application
of Sections 15 and 16 of the Sale of Goods Law of Lagos, 2015. The Respondent argued that
the goods delivered by the Appellant were not fit for the purpose for which they were ordered
and thus a breach of contract by the Appellant which entitled the Respondent the right to
repudiation.

4.2 A clear look at the provisions of Section 14(4) of the Sale of Goods Law of Lagos, 2015 will
reveal that there is implied condition that where the buyer expressly or by implication makes
known to the seller any particular purpose for which the goods are being bought, that the goods
supplied by the seller under such contract are reasonably fit for that purpose, whether or not that
is a purpose for which such goods are commonly supplied.

4.3 The Respondent submit that the Appellant was expressly informed by the Respondent in its letter
to the Appellant the purpose for which the cashew nut is ordered and that the Appellant supplying
goods which were not fit for such purpose will amount to violation of the provisions of the Sale
of Goods Act. Therefore, there was no breach from the part of the Respondent by repudiating
the contract on that basis. Poussard v Spiers and Pond.

4.4 The Respondents concur with the trial court’s decision, which states, “…whoever comes to
equity must come with clean hands. The claimant, by supplying goods which were not fit for the
special purposes for which it was requested, has failed to comply with the provisions of the Sale
of Goods Law of Lagos, 2015, and has, therefore, not come to equity with clean hands.”
4.5 The respondent alludes that the trial court was properly guided by the evidence presented during
the first trial. In Varley v Whipp 1900 1 QB 513, the plaintiff sold a reaping machine to the
defendant. The machine was described as about a year old and used to cut about 50 to 60 acres.
On getting the machine, it was discovered to be very old, and the defendant returned it. The
plaintiff sued for the contract price. The court held that the defendant could reject the goods since
they didn’t fit the description provided and were a breach of condition as provided by S.13 of
the Statutes of General Application. Also, Poussard v Spiers and Pond [1876] is an example
of a case where a breach of a condition took place. In this case, an actress was hired to sing in

140
 the opera, but she got ill and could not perform until a couple of weeks after the premiere. It was
held at the court that this breach went to the root of the contract, and therefore the opera could
repudiate the contract and hire a new actress.
4.6 A person who makes a claim in equity must be free from any taint of fraud with respect to that
claim. For example, a person seeking to enforce an agreement must not breach it. The Appellant
herself failed a condition that was fundamental to the execution of the contract. Hence, it is not
trite for the Appellant to seek damages when itself is in breach of it.

5.0 RELIEFS SOUGHT

The Respondent hereby seeks for the following reliefs:

1. An Order dismissing this appeal.

2. An Order upholding the judgment of the Trial Court.
3. Any such other orders as this Honourable Court may deem fit to grant in this circumstance of
this case.

6.0 CONCLUSION

My Lords, we urge this Honourable Court to resolve the sole issue in favour of the
Respondent/Defendant, grant the reliefs sought and dismiss the appeal in that: The trial judge has not
erred in law in holding that there was no breach of contract.

7.0 LIST OF AUTHORITIES

Judicial Authorities

1. Poussard v Spiers and Pond [1876]

2. Varley v Whipp 1900 1 QB 513

Statutory Authorities

1. Sale of Goods Law of Lagos 2015

2. Statutes of General Application

Dated This 7th Day of May, 2024

…………………………
MOSES JOSEPH ESQ.
Respondent’s Counsel
Moses & Co Chamber
No 33, NLS Road,
Bwari, Abuja
Email:[email protected]
Tel: 08035905544
FOR SERVICE ON:
141
BOYI OKEY ESQ.
Appellant’s Counsel
Group 6 & Associates
No 13, NLS Road,
Bwari, Abuja
Email:[email protected],
Tel: 08035903322

WEEK 16: 13TH MAY 2024

CLASS TASK:

1) Assuming the court gave judgment in favour of Skyscraper Ltd against Engr Abutu for the sum
of N200M for defamation and the resultant termination of contracts. The Judgment Debtor has
refused to pay up the Judgment Sum. Skyscraper Ltd thereafter levied execution on the
immovable properties of Engr Abutu i.e. a Lexus LX 570 Jeep worth N20M and goods and other
personal effect worth N20M. However the sum realised from the sale of the goods was not
enough to satisfy the Judgment Debt. Skyscraper Ltd now wants to proceed to levy execution
against the 4 Bedroom Terrace House of Engr. Abutu in Ajah worth N60M. Draft the necessary
processes needed for execution of the judgment.

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No…………...
BETWEEN
SKY SCRAPER LTD) ………………………………………………………………CLAIMANT
AND
ENGR ABUTU) ……………………………………………………………............DEFENDANT

NOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 44 OF THE SHERIFF AND CIVIL PROCESS LAW OF
LAGOS STATE, ORDER VIII OF THE JUDGMENT (ENFORCEMENT) RULES AND UNDER
THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the …….day of …….20……at the hour
of 9 O’ clock forenoon or so soon thereafter as Counsel may be heard on behalf of the Judgement
Creditor / Applicant praying this Honourable Court for the following orders:

142
1.To levy execution attaching 4 Bedroom Terrace House of the Judgment Debtor worth Million Naira
(60,000,000.00) only in satisfaction of the Judgment against the Judgment Debtor/Respondent delivered
in Suit No. HC/LAG/205/2024 by Justice Adamu Danbaba on the 5th day of May 2024.
2. And for such further order or orders as this Honourable Court may deem fit to make in this
circumstance.
Dated this ......day of .......2024

A.B. Ibrahim Esq,

A.B. Ibrahim & Co,
Legal Practitioners & Arbitrators
Judgment Creditor/Applicant’s Counsel,
No. 25, Ojo Street, Ikoyi, Lagos
Email: [email protected]
Tell: +2348035904456

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) ………………………………………………………………CLAIMANT
AND
ENGR ABUTU) ……………………………………………………………............DEFENDANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE TO LEVY EXECUTION

I, Ahmed Bello Ibrahim, Male, Adult, Lawyer, Nigerian Citizen of No. 20 Ojo Street, Ikeja, Lagos do
make oath and state as follows:
1. I am the Legal Officer of the Judgment Creditor/Applicant in this case.
2. By virtue of my position I am conversant with the facts herein deposed.
3. I have the authority of the Judgment Creditor/Applicant to depose to this affidavit.
4. This Honourable Court on 5th May 2024 delivered judgment in favour of the Judgment
Creditor/Applicant in the sum of N200,000,000.00 (Two Hundred Million Naira) only.
5. The Judgment Creditor/Applicant has taken steps to enforce the judgment against the Judgment
Debtor.
6. The Judgment Creditor/ Applicant thereafter levied execution on the movable properties of the
Judgment Debtor i.e. a Lexus LX 570 Jeep worth N20M and goods and other personal effect
worth N20M. However the sum realised from the sale of the goods was not enough to satisfy the
judgment debt.
7. The sum remains due under the judgment is N160M (One Hundred and Sixty Million Naira)
only.
8. The Judgment Debtor has a 4 Bedroom Terrace House worth N60,000,000.00 (Sixty Million
Naira) only to levy execution in satisfaction of the Judgment debt.
143
 9. Attached to this affidavit is the Judgment of the Court as Exhibit marked “J1”
10. I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provision of the oaths Law.

SWORN to at the High Court Registry, Lagos.

This ………day of ……..2024. DEPONENT

BEFORE ME
COMMISSIONER FOR OATHS

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) ………………………………………………………………CLAIMANT
AND
ENGR ABUTU) ……………………………………………………………............DEFENDANT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE TO LEVY EXECUTION

1.0 Introduction
The motion on notice dated …..day of…..2024 is praying this court for the following orders:
a) To levy execution attaching 4 Bedroom Terrace House of the Judgment Debtor worth Million
Naira (60,000,000.00) only in satisfaction of the Judgment against the Judgment
Debtor/Respondent delivered in Suit No. HC/LG/205/2024 by Justice Adamu Danbaba on the
5th day of May 2024.
b) And for such further order or orders as this Honourable Court may deem fit to make in this
circumstance.
2.0 Brief Statement of Fact
The Judgment Creditor / Applicant filed this suit against the Judgment Debtor claiming the Sum of
500M (Five Hundred Million Naira) only for defamation and the resultant termination of contracts. This
Honourable Court on 5th May 2024 delivered judgment in favour of the Judgment Creditor/ Applicant
in the sum of 200M (Two Hundred Million Naira) only. The Judgment Creditor/ Applicant thereafter
took steps and levied execution on the movable properties of the Judgment Debtor i.e. a Lexus LX 570
Jeep worth N20M and goods and other personal effect worth N20M. However the sum realised from the
sale of the goods was not enough to satisfy the judgment debtor. The judgment is still wholly unsatisfied.

3.0 Issue for Determination

Whether the Judgment Creditor / Applicant has placed sufficient materials before this Honourable Court
for the grant or this application?

144
4.0 Legal Argument
The Judgment Creditor / Applicant submit with respect that the answer is in the affirmative. The affidavit
in support of the motion on notice which reliance is placed upon has disclosed that reason for this
application. Therefore, the Judgment Creditor / Applicant is entitled to the grant of this application. It is
a settled principle of law that a Judgment Creditor has the discretion to decide, where there are multiple
judgment debtors, which of them to proceed against and there is no requirement that he must sought to
levy execution against tur movable property of all of them before he can seek to levy execution against
immovable property of the judgment creditor he is moving against. Mucas Hospital Ltd v Fasuyi (2004)
NWLR (Pt. 874) 67
Furthermore, by virtue of the provision of Section 44 of the Sheriff and Civil Process Law, the
Judgment Creditor can levy execution on the immovable property of the Judgment Debtor when
movable property cannot satisfy the judgment debt.

5.0 Conclusion
We humbly submit that:
a) The Garnishee is indebted to the Judgment Debtor
b) Thanks application is meritorious
c) The Judgment Creditor / Applicant is entitled to the enjoyment of the fruits of his judgment.
This Honourable Court is urged to graciously grant this application.

6.0 List of Authorities

(i) Mucas Hospital Ltd v Fasuyi (2004) NWLR (Pt. 874) 67
(ii) Section 44 of the Sheriff and Civil Process Law of Lagos State

Dated this ……..day of……..2024

A.B. Ibrahim Esq,

A.B. Ibrahim & Co,
Judgment Creditor/ Applicant’s Counsel,
No. 25, Ojo Street, Ikoyi, Lagos
Email: [email protected]
Tell: +2348035904456

2) Assuming Skyscraper Ltd wishes to levy execution of the judgment against Engr. Abutu’s
account with Gtbank, Victoria Island Branch, where he has nothing less than N250M in his
account for the purpose of recovering the sum of N200M judgment sum outstanding. Draft the
necessary processes.

145
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) …………………JUDGMENT CREDITOR/GARNISHOR/ APPLICANT
AND
ENGR ABUTU) …………………………….JUDGMENT DEBOTR/RESPONDENT
AND
GTBANK PLC)……………………………….GARNISHEE/ RESPONDENT

MOTION EX-PARTE
BROUGHT PURSUANT TO SECTION 83(1) OF THE SHERIFF AND CIVIL PROCESS LAW
AND ODER VIII OF THE JUDGMENT (ENFORCEMENT) RULES ANND UNDER THE
INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTIC3 that this Honourable Court will be moved on the …..day of…….2024 at the hour of 9
O’ clock forenoon the fore or so soon thereafter ws Counsel may be heard on behalf of the Judgment
Creditor / Applicant praying this court for the following orders:
1. A Garnishee Order Nisi attaching the sum of N200,000,000.00 (Two Hundred Million Naira)
only, belonging to the Judgment Debtor / Respondent in the Account Number 0000252223 with
the Garnishee in satisfaction of the judgment against the Judgment Debtor/ Respondent delivered
in Suit No. HC/LG/205/2024 by Justice Adamu Danbaba on the 5th day of May 2024.
2. An Oder of this Honourable Court that the Garnishee shall appear before this Court to show
cause why Order Nisi shall not be made absolute.
3. AND SUCH FURTHER ORDER OR ORDER(S) may deem fit to make in this circumstance.

Dated this ……..day of …….2024

Mark Aliyu Esq,

Mark Aliyu & Co;
No. 52, Oluwale Street,
Ikoyi, Lagos
Email: [email protected],
Tel: 08935903344

146
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) …………………JUDGMENT CREDITOR/GARNISHOR/ APPLICANT
AND
ENGR ABUTU) …………………………….JUDGMENT DEBOTR/RESPONDENT
AND
GTBANK PLC)……………………………….GARNISHEE/ RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION EX-PARTE FOR GARNISHEE ORDER NISI

I, Mark Aliyu, Male, Adult, Lawyer, Nigerian Citizen of No. 52, Oluwale Street, Ikoyi Lagos do hereby
make oath and state as follows:
1. I am the Legal Officer of the Judgment Creditor/ Garnishor / Applicant in this case
2. By virtue of my position, I am conversant with the facts herein deposed.
3. I have the authority of the Judgment Creditor/ Garnishor / Applicant to depose to this affidavit.
4. This Honourable Court delivered judgment on the 5th of May 2024 in favour of the Judgment
Creditor/ Garnishor / Applicant in the sum of N200,000,000.00 (Two Hundred Million Naira)
only.
5. This Honourable Court also awarded the cost of N50,000.00 (Fifty Thousand Naira) only against
the Judgment Debtor in this case.
6. The Judgment is still wholly unsatisfied
7. The Judgment Debtor has the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira)
only in his Savings Account No. 0000252223 with the Garnishee.
8. Attached to this affidavit is the Judgment of the Court as Exhibit “ A2”
9. I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provision of the Oath Law.

…………………
DEPONENT
SOWRN to at the High Court Registry, Lagos
This ……. Day of ……..2024

BEFORE ME

COMMISSIONER FOR OATHS

147
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) …………………JUDGMENT CREDITOR/GARNISHOR/ APPLICANT
AND
ENGR ABUTU) …………………………….JUDGMENT DEBOTR/RESPONDENT
AND
GTBANK PLC)……………………………….GARNISHEE/ RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION EX-PARTE FOR GARNISHEE ORDER

NISI
1.0 Introduction
The motion ex-parte dated ..day of …2024 is praying this court for the following orders:
a) A Garnishee Order Nisi attaching the Sum of 200,050,000.00 (Two Hundred Million Fifty
Thousand Naira) only belonging to the Judgment Debtor / Respondent in Account No.
0000252223 with the Garnishee in satisfaction of the judgment against the Judgment Debtor/
Respondent delivered in Suit No. HC/LG/205/2024 by Justice Adamu Danbaba on 5th May 2024.
b) An Order of this Honourable Court that the Garnishee shall appear before this Court to show
cause why the Order Nisi shall not be made absolute.
c) AND SUCH FURTHER ORDER OR ORDER(S) as this Honourable Court may deem fit to
make in this circumstance.

2.0 Statement of Facts

The Judgment Creditor / Garnishor / Applicant field this suit against the Judgment Debtor claiming
the Sum of N500,000,000.00 (Five Hundred Million Naira) only for breach of contract. This
Honourable Court on 5th May 2024 delivered judgment in favour of the Judgment Creditor /
Garnishor / Applicant in the sum of N200,000,000.00 (Two Hundred Million Naira) only and
awarded the cost of N50,000.00 (Fifty Thousand Naira) only. The judgment is still wholly
unsatisfied.

3.0 Issue for Determination

Whether the Judgment Creditor / Garnishor / Applicant has placed sufficient materials before this
Court for the grant of this application?

4.0 Legal Argument

The Judgment Creditor / Garnishor / Applicant submit with respect that the answer to the above
issue for determination is in affirmative. The affidavit in support of the motion ex-parte which
reliance is placed has disclosed the reason for this application. Therefore, the Judgment Creditor /
Garnishor / Applicantis entitled to the grant of this application. It is a settled principle of law that
when a person has an account with a bank, the money standing to his credit in the bank account
stands as a debt, which the bank owes him. See the case of Filone v Oladipo (1934) 11 NLR 163.
Furthermore, by virtue of the provision of Section 83 of the Sheriff and Civil Process Law, such
money can be attached by the court where the person is a Judgment Debtor, for the satisfaction of
the judgment at the instance of the Judgment Creditor / Garnishor / Applicant.

148
5.0 Conclusion
In summation, it is humbly submitted that:
a) The Garnishee is indebted to the Judgment Debtor;
b) This application is meritorious; and
c) The Judgment Creditor / Garnishor / Applicant is entitled to the enjoyment of the fruits of his
judgment.

6.0 List of Authorities

i. Filone v Oladipo (1934) 11 NLR 163
ii. Section 83 of the Sheriff and Civil Process Law, Lagos State

Dated this …….day of……..2024

Mark Aliyu Esq,

Mark Aliyu & Co,
No. 52, Oluwale Street,
Ikoyi, Lagos
Email: [email protected],
Tel: 08935903344

3. Assuming the Judgment debtor has appealed against the judgment in favour of Skyscraper Ltd and
does not want Skyscrapers Ltd to execute the judgment whilst the appeal is pending. Draft the
necessary application.

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) ……………………………….JUDGMENT CREDITOR/RESPONDENT
AND
ENGR ABUTU) ……………………………………………..JUDGMENT DEBOTR/APPLICANT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 58 RULE 1, ORDER 43 RULE 1 AND 2 OF RHE HIGH
COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2021 AND UNDRR RHE
INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the ……day of …….2024 at the hour of
9 O’ clock or so soon thereafter as Counsel to the Judgment Debtor / Applicant may be heard praying
the Court for the following orders.

149
 1. An order of stay of execution of the judgment in Suit No. HC/LG/205/2024 pending the hearing
and determination of the appeal filed against the judgment at the Court of Appeal, Lagos
Division.
2. AND FOR SUCH FURTHER ORDER OR ORDER(S) as this Honourable Court may deem fit
to make in the circumstance of the case

Dated this …….day of ……2024

Mohammed Auta Esq

Mohammed Auta & Co,
Counsel to the Judgment Debtor / Applicant,
No. 30, Ojuta Street, Ikeja, Lagos
Email: [email protected]
Tel: 08035905577

ON NOTICE TO:
The Judgment Creditor / Respondent,
C/o Mark Aliyu Esq,
Mark Aliyu & Co,
, No. 52, Oluwale Street, Ikoyi, Lagos
Email: [email protected],
Tel: 08935903344

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) ……………………………….JUDGMENT CREDITOR/RESPONDENT
AND
ENGR ABUTU) ……………………………………………..JUDGMENT DEBOTR/APPLICANT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE FOR STAY OF EXECUTION

I, Abutu Nenefor, Male, Adult, Engineer, Nigerian Citizen of No. 25, Olukayode Street, Ikoyi, Lagos,
do hereby make oath and state as follows:
1. I am the Judgment Debtor/ Applicant in this case and by virtue of my position, I am conversant
with the facts herein deposed.
2. This Honourable Court on the 5th day of May 2024 delivered Judgment in favour of the Judgment
Creditor/ Respondent in the sum of N200,000,000.00 (Two Hundred Million Naira) only and
awarded cost of 50,000.00 (Fifty Thousand Naira) only against me, the Judgment Debtor/
Applicant in this case
3. Being dissatisfied with the decision of the court I instructed my Counsel Mohammed Auta Esq
to appeal against it.
4. My Counsel Mohammed Auta Esq appealed against the decision by filling the Notice of Appeal
dated 07/05/2024 at the Registry of this court. The Notice of Appeal and the receipt of filing is
herewith attached and marked as Exhibit “A" and “B” respectively.
150
 5. If the judgment is not stayed, I would not be able to prosecute the appeal.
6. The Judgment Creditor / Respondent is not a man of means. If the judgment is not stayed, the
possibility of recovery of the money in the event of success at the Court of Appeal is very slim.
7. The application is brought in the interest of justice.
8. I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provision of the Oath Law.
--------------------
DEPONENT

SWORN to at the High Court Registry, Lagos

This ………day of ……………2024

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No……………
BETWEEN
SKY SCRAPER LTD) ……………………………….JUDGMENT CREDITOR/RESPONDENT
AND
ENGR ABUTU) ……………………………………………..JUDGMENT DEBOTR/APPLICANT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE FOR STAY OF

EXECUTION

1.0 Introduction
The motion on notice dated …….day of……..20….. is praying this court for the following orders:
a) An order for stay of execution of the judgment in Suit No. HC/LG/205/2024 delivered by Hon.
Justice Adamu Danbala on the 5th May 2024 pending the hearing and determination of the appeal
filed against the judgment at the Court of Appeal, Lagos Division.
b) AND FOR SUCH FURTHER ORDER OR ORDER(S) as this Honourable Court may deem fit
to make in the circumstance of this case.
2.0 Statement of Fact
The Judgment Creditor/ Respondent filed this suit against the Judgment Debtor/Applicant claiming the
Sum of N500,000,000.00 (Five Hundred Million Naira) only for defamation and the resultant
termination of contracts. This Honourable Court on the 5th May 2024 delivered Judgment in favour of
the Judgment Creditor/ Respondent in the sum of N200,000,000.00 (Two Hundred Million Naira) only
151
and awarded the cost of N50 000.00 (Fifty Thousand Naira) only. Being dissatisfied with the decision,
the Judgment Debtor/Respondent appealed against the judgment.

3.0 Issue for Determination

Whether the Judgment Debtor/ Applicant had placed sufficient materials before this court for the grant
of this application?

4.0 Legal Argument

The Judgment Debtor/ Applicant submits with respect that answer to the above issue for determination
is in the affirmative. The affidavit in support of the motion on notice which reliance is placed upon has
disclosed the reason for this application. Therefore, the judgment Debtor/Applicant is entitled to the
grant of this application. The law is settled that this court can grant this application if the Judgment
Debtor/Applicant shows that he has chances of succeeding at the Court of Appeal and if it will meet the
justice of the case among others. Martins Nicanner Food Co. Ltd (1988) NWLR (Pt. 74) 75, Lijadu v
Lijadu (1991) 1 NWLR (Pt. 169) 127. It is submitted that given the ground contained in the Notice of
Appeal, the Judgment Debtor/ Applicant has high changes of success at the court of Appeal. In addition,
the Judgment Debtor/Applicant would not recover his money in the event of f success at the Court of
Appeal, given the precarious financial condition of the Judgment Creditor/Respondent.

5.0 Conclusion
In summation m, it is humbly submitted that:
i. The Judgment Debtor/Applicant has furnished sufficient material for the grant of this
application.
ii. This application is meritorious.
iii. The Judgment Debtor/Applicant has high chances of success at the Court of Appeal.
iv. The Judgment Debtor/ Applicant would be prejudiced if this application is not granted.
This Honourable Court is urged to graciously grant this application.

6.0 List of Authorities

i. Martins v Nicanner Food Co. Ltd (1988) 2 NWLR (Pt. 74) 75
ii. Lijadu v Lijadu (1991) 1 NWLR (Pt. 169) 627

Dated this …….day of………2024

Mohammed Auta Esq

Mohammed Auta & Co,
Counsel to the Judgment Debtor / Applicant,
No. 30, Ojuta Street, Ikeja, Lagos
Email: [email protected]
Tel: 08035905577

ON NOTICE TO:
The Judgment Creditor / Respondent,
C/o Mark Aliyu Esq,
Mark & Co, Legal Practitioners
& Arbitrators, No. 52, Oluwale Street, Ikoyi, Lagos
Email: [email protected], Tel: 08935903344

152
4. Assuming during the trial of the action, Crest Newspapers had sought to tender as an exhibit,
the computer generated report of the newspaper publication in proof of its case but the
Honourable Judge refused to admit the document in evidence and also marked it rejected. Crest
Newspapers has 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.

IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No…………...
BETWEEN
SKY SCRAPER LTD) ………………………………………….....CLAIMANT/APPLICANT
AND
ENGR ABUTU) ……………………………………………………DEFENDANT/ RESPONDENT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 58 RULE 1, ORDER 43 RULE 1 AND 2 OF THE HIGH
COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2021 AND UNDRR RHE
INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the ……day of …….2024 at the hour of
9 O’ clock or so soon thereafter as Counsel to the Claimant/ Applicant may be heard praying the Court
for the following orders.
1. An order of staying proceedings in Suit No. HC/LG/205/2024 pending the hearing and
determination of the appeal filed at the Court of Appeal, Lagos Division against the ruling
delivered by Hon. Justice Adamu Danbala on the 02/05/2024.
2. AND FOR SUCH FURTHER ORDER OR ORDER(S) as this Honourable Court may deem fit
to make in the circumstance of the case.

Dated this …….day of ……2024

Mark Aliyu Esq,

Mark Aliyu & Co,
Claimant/ Applicant’s Counsel
No. 52, Oluwale Street, Ikoyi, Lagos
Email: [email protected],
Tel: 08935903344

ON NOTICE TO:
Mohammed Auta Esq
Mohammed Auta & Co,
Counsel to the Defendant/ Respondent,
No. 30, Ojuta Street, Ikeja, Lagos
Email: [email protected]
Tel: 08035905577
153
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No…………...
BETWEEN
SKY SCRAPER LTD) ………………………………………….....CLAIMANT/APPLICANT
AND
ENGR ABUTU) ……………………………………………………DEFENDANT/ RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE FOR STAY OF PROCEEDINGS

I, Etim Effiong, Male, Adult, Businessman, Nigerian Citizen of No. 6, Tunis Street, Ikoyi, Lagos, do
hereby make oath and state as follows:
1. I am the Claimant/ Applicant in this case.
2. By virtue of my position, I am conversant with the facts herein deposed.
3. This Honourable Court on the 02/05/2024 ruled against the Claimant/Applicant to admit
computer generated document in evidence and also marked it rejected.
4. Being dissatisfied with the decision of the court, I instructed my Counsel Mohammed Auta Esq
to appeal against it.
5. My Counsel Mohammed Auta Esq appealed against the ruling by filling the Notice of Appeal
dated 04/05/2024 at the Registry of this court. The Notice of Appeal and the receipt of filing is
herewith attached and marked as Exhibit “A1" and “B2” respectively.
6. If the ruling is not stayed, I would not be able to prosecute the appeal.
7. If the ruling is not stayed, the possibility of tendering computer generated document in the event
of success at the Court of Appeal is very slim.
8. The application is brought in the interest of justice.
9. I make this solemn declaration conscientiously believing the to be true and by virtue of the
provision of the Oath Law.

………………….
DEPONENT

SWORN to at the High Court Registry, Lagos

This ………day of ……………2024

BEFORE ME

COMMISSIONER FOR OATHS

154
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No……………….
Motion No…………...
BETWEEN
SKY SCRAPER LTD) ………………………………………….....CLAIMANT/APPLICANT
AND
ENGR ABUTU) ……………………………………………………DEFENDANT/ RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE FOR STAY OF

PROCEEDINGS

1.0 Introduction
The motion on notice dated …….day of……..20….. is praying this court for the following orders:
a) An order of staying proceedings in Suit No. HC/LG/205/2024 pending the hearing and
determination of the appeal filed at the Court of Appeal, Lagos Division against the ruling
delivered by Hon. Justice Adamu Danbala on the 02/05/2024.
b) AND FOR SUCH FURTHER ORDER OR ORDER(S) as this Honourable Court may deem fit
to make in the circumstance of the case

2.0 Statement of Fact

The Claimant/Applicant filed this suit against the Defendant/ Respondents claiming the Sum of
N500,000,000.00 (Five Hundred Million Naira) only for defamation and the resultant termination of
contracts. This Honourable Court on the 02/05/2024 ruled against the Claimant/ Applicant to admit
computer generated document in evidence and also marked it rejected. Being dissatisfied with the
ruling, the Claimant/ Applicant appealed against the ruling.

3.0 Issue for Determination

Whether the Claimant/ Applicant had placed sufficient materials before this court for the grant of this
application?

4.0 Legal Argument

The Claimant/ Applicant submits with respect that answer to the above issue for determination is in the
affirmative. The affidavit in support of the motion on notice which reliance is placed upon has disclosed
the reason for this application. Therefore, the Claimant/Applicant is entitled to the grant of this
application. The law is settled in the case of NNPC v Odidere Enterprises (Nig) Ltd 583 at 617-618,
that this court can grant this application if the following are present:
i. There must be a pending appeal. A stay of proceedings can be granted only if there is a pending
appeal which is valid in law.
ii. There must be an arguable appeal. The appeal, which forms the basis of an application for stay
of proceedings, must be competent and arguable on its merits. Where an appeal is frivolous,
vexatious or an abuse of court process, an appellate Court will decline jurisdiction to entertain
the application

155
 iii. Where the appeal will dispose of the proceedings. Where the interlocutory appeal following an
application for stay of proceedings will finally dispose of the case or put an end to the
proceedings in the lower court, stayed of proceeding will be granted.
iv. Where the res will not be preserved. Where the res will be damaged or annihilated before the
matter is disposed of, the appellate Court will grant stay.
v. Where greater hardship will be caused. The Court would be reluctant to grant an application for
stay of proceedings if it would cause greater hardship than if the application is refused.
vi. Where it will render the order of the appellate Court nugatory. A stay of proceedings will be
granted where to do otherwise will end to render any order of the appellate Court nugatory.

5.0 Conclusion
In summation, it is humbly submitted that:
i. The Claimant/Applicant has placed sufficient material for the grant of this application.
ii. This application is meritorious.
iii. The Claimant/Applicant has competent and arguable appeal as there is a pending appeal.
iv. The Claimant Applicant would be prejudiced if this application is not granted.
This Honourable Court is urged to graciously grant this application.

6.0 List of Authorities

1. NNPC v Odidere Enterprises (Nig) Ltd 583 at 617-618.

Dated this …….day of………2024

Mohammed Auta Esq

Mohammed Auta & Co,
Counsel to Claimant / Applicant,
No. 30, Ojuta Street, Ikeja, Lagos
Email: [email protected]
Tel: 08035905577

ON NOTICE TO:
The Defendant / Respondent,
C/o Mark Aliyu Esq,
Mark Aliyu & Co,
& Arbitrators, No. 52, Oluwale Street,
Ikoyi, Lagos , Email: [email protected],
Tel: 08935903344

156
5. Assuming in a case between Chief Lambe v. Royal Estate relating to declaration of title to land, the
Court held that the Claimant does not have title to land. Chief Lambe has decided to appeal the case.
However, Chief Lambe does not want Royal Estates to sell the property to a third party until the appeal
has been decided. Draft the necessary application.

IN THE COURT OF APPEAL OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No:……………….
Appeal No:…………...
BETWEEN
CHIEF LAMBE) …………………………………………..................CLAIMANT/APPLICANT
AND
ROYAL ESTATE) …………………………………………………DEFENDANT/ RESPONDENT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 6 RULE 1 OF THE COURT OF APPEAL RULES 2016
AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the ………..day of ………2024 at the
hour of 9 O’ clock in the forenoon or soon thereafter as Counsel to the Appellant/ Applicant may be
heard praying for the following orders:
1. An Order of injunction for the preservation of the status quo by the parties pending the hearing
and determination of appeal No. CA/LG/800/2024 by the Appellant against the judgment of the
Lagos State High Court in Suit No. HC/LG/208/2024 delivered on 07/05/2024 by Hon. Justice
Moore Lucky Olukuya.
Alternatively
An order of injunction restraining the Respondent whether by himself, his agent privies, assigns
or acting through any person in whatever manner or from entering or taking any steps or doing
anything prejudicial to the use, enjoyment and possession of the land the subject matter of this
appeal pending the hearing and determination of appeal No. CA/LG/800/2024 by the Appellant
against the judgment of the Lagos State High Court in Suit No. HC/LG/208/2024 delivered on
07/05/2024 by Hon. Justice Lucky Moore Olukuya
2. And any further Order or other Order(s) as this Honourable Court may deem fit to make in the
circumstance of this Appeal.

Dated this ……….day of …….2024

Hillary Ojo Esq,

Hillary Ojo & CO,
Appellant / Applicant’s Counsel,
No. 40, Madina Street, Ikoyi, Lagos
Email: [email protected]
Tel: 08035909090

ON NOTICE TO:
The Respondent,

157
C/o His Counsel,
Kaura Ahmed & Co,
No. 15 Otiwa Street Ikoyi, Lagos
Email: [email protected]
Tel: 08935906689

IN THE COURT OF APPEAL OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No:……………….
Appeal No:…………...
BETWEEN
CHIEF LAMBE) …………………………………………..................CLAIMANT/APPLICANT
AND
ROYAL ESTATE) …………………………………………………DEFENDANT/ RESPONDENT

AFFIDAVIT IN SUPPORT OF AN ORDER OF INJUNCTION PENDING APPEAL

I, Chief Lambe, Male, Adult, Businessman, Nigerian Citizen of No. 12, Awolowo Street, Ikeja, Lagos,
do hereby make oath and state as follows:
1. I am the Appellant/ Applicant in this case.
2. By virtue of my position, I am conversant with the facts herein deposed.
3. The Lagos State High Court on the 07/05/2024 delivered ruling by Hon Justice Lucky Amuta
against the Appellant / Applicant that the Appellant/Applicant does not have title to land.
4. Being dissatisfied with the decision of the lower court, I instructed my Counsel Hillary Ojo Esq
to appeal against it.
5. My Counsel Hillary Ojo Esq appealed against the ruling by filling the Notice of Appeal dated
08/05/2024 at the Registry of this court. The Certified True Copy (CTC) of the Notice of Appeal,
the ruling against which an appeal has been filed, the ruling refusing the application and the
receipt of filing is herewith attached and marked as Exhibit “C1", “C2”, “C3” and “C4”
respectively.
6. If the injunction is not granted, I would not be able to prosecute the appeal.
7. The application is brought in the interest of justice.
8. I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provision of the Oath Law.
…………………
DEPONENT

SWORN to at the High Court Registry, Lagos

This ………day of ……………2024

BEFORE ME

COMMISSIONER FOR OATHS

158
 IN THE COURT OF APPEAL OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS
Suit No:……………….
Appeal No:…………...
BETWEEN
CHIEF LAMBE) …………………………………………..................CLAIMANT/APPLICANT
AND
ROYAL ESTATE) …………………………………………………DEFENDANT/ RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF AN ORDER OF INJUNCTION PENDING APPEAL

1.0 Introduction
The motion on notice dated …….day of…….2024 is praying this court for the following orders:
i. An Order of injunction for the preservation of the status quo by the parties pending the hearing
and determination of appeal No. CA/LG/800/2024 by the Appellant against the judgment of the
Lagos State High Court in Suit No. HC/LG/208/2024 delivered on 07/05/2024 by Hon. Justice
Moore Lucky.
Alternatively
An order of injunction restraining the Respondent whether by himself, his agent privies,
assigns or acting through any person in whatever manner or from entering or taking any steps
or doing anything prejudicial to the use, enjoyment and possession of the land the subject
matter of this appeal pending the hearing and determination of appeal No. CA/LG/800/2024 by
the Appellant against the judgment of the Lagos State High Court in Suit No. HC/LG/208/2024
delivered on 07/05/2024 by Hon. Justice Lucky Moore Olukuya
ii. And any further Order or other Order(s) as this Honourable Court may deem fit to make in the
circumstance of this Appeal.

2.0 Statement of Fact

The Claimant/Applicant filed this suit against the Defendant/ Respondents claiming title declaration
to land. The Lagos State High Court on the 07/05/2024 ruled against the Claimant/ Applicant that
the Claimant /Applicant does not have title to land. Being dissatisfied with the ruling, the Claimant/
Applicant appealed against the ruling.

3.0 Issue for Determination

Whether the Claimant/ Applicant had placed sufficient materials before this court for the grant of
this application?

4.0 Legal Argument

The Appellant/ Applicant submits with respect that answer to the above issue for determination
is in the affirmative. The affidavit in support of the motion on notice which reliance is placed
upon has disclosed the reason for this application. Therefore, the Appellant/Applicant is entitled
to the grant of this application. The law is settled in the case of Oyelami v Military
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 Administrator Osun State (1999) 8 NWLR (Pt. 613) 45, the court held that for the grant of
injunction pending appeal, the following factors must be considered:
(a) Whether there are Special circumstances warranting it’s grants;
(b) The grounds of appeal must be somewhat on a novel point;
(c) The grounds of appeal must raise substantial legal issues to be determined;
(d) It must be equitable to maintain the status quo; special circumstances will include:
i. Refusal of the application will foist upon the court, especially the Court of Appeal
a situation of helplessness;
ii. Refusal would render nugatory any orders of the Court of Appeal and generally
create a situation that whatever happens there will be no return to status quo.
The Appellant/ Applicant case was dismissed by the lower court and there is res to be preserved as
well as maintain status quo. See Polini v Gray (1879) 12 Ch. 438, Sodeinde V Registered Trustees
of Abmadiyya Movement in Islam (1980) 1-2 SC 163; Shell Petroleum Development Company of
Nigeria Limited v Amadu (2011) 14 NWLR (Pt. 1266) 157.

5.0 Conclusion
In summation, it is humbly submitted that:
a) The Appellant/Applicant has placed sufficient material for the grant of this application.
b) This application is meritorious.
c) The Appellant/Applicant case was dismissed by the trial Court and there is a res to be preserved.
d) The Claimant Applicant would be prejudiced if this application is not granted.
This Honourable Court is urged to graciously grant this application.

6.0 List of Authorities

i. Oyelami v Military Administrator Osun State (1999) 8 NWLR (Pt. 613) 45
ii. Polini v Gray (1879) 12 Ch. 438,
iii. Sodeinde v Registered Trustees of Abmadiyya Movement in Islam (1980) 1-2 SC 163;
iv. Shell Petroleum Development Company of Nigeria Limited v Amadu (2011) 14 NWLR (Pt.
1266) 157

Dated this …….day of………2024

…………………..
Hillary Ojo Esq,
Hillary Ojo & CO,
Appellant / Applicant’s Counsel,
No. 40, Madina Street, Ikoyi, Lagos
Email: [email protected]
Tel: 08035909090

ON NOTICE TO:
The Respondent,
C/o His Counsel,
Kaura Ahmed & Co,
No. 15 Otiwa Street Ikoyi, Lagos
Email: [email protected]
Tel: 08935906689
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6. What are the ethical issues that may arise from the above?
The ethical issues from the above scenario is as follows:
1. A lawyer duty to uphold and observe the rule of law, promote and foster the course of justice.
Rule 1 of RPC.
2. Conflict of interest Rule 17 of RPC
3. Dedication and devotion to client’s case Rule 14 of RPC
4. Duty of Lawyer to Court and Conduct in court. Rule 31 of RPC
5. Candid and fair dealing. Rule 32 of RPC
6. Trial Publicity Rule 33 of RPC
7. Relation with Judges Rule 34 of RPC.
8. Courtroom Decorum. Rule 36 of RPC

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