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Questions and Answers
What is a key characteristic of a motion ex parte?
Under what circumstances can a motion ex parte be made?
Which type of application cannot be made ex parte?
Which case is referenced as illustrating that a motion cannot be signed by a law firm?
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Which of the following is NOT a typical application for motion ex parte?
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What is the purpose of the Motion on Notice being filed?
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Which section of the Constitution is referenced in the motion?
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What additional order may the court grant?
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Which order is NOT mentioned in the motion?
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What is the minimum required time between the service of a motion and the hearing in the absence of special leave?
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Which of the following rules states that personal service is not necessary?
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How many adjournments can a party request at most?
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What is a requirement when moving a motion in court?
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In what type of setting are contentious applications heard?
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What action may the court take when the respondent has no objection?
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How many times can an application for amendment of pleadings be brought during trial in Abuja?
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What will happen to an application that is meant to delay proceedings?
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What is one of the conditions for granting an interlocutory injunction?
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What primary purpose does a mandatory injunction serve?
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In the context of an Anton Piller injunction, what must the applicant demonstrate regarding the respondent?
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What is a Mareva injunction designed to prevent?
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Which of the following is NOT a principle guiding the grant of an Anton Piller injunction?
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What does 'irreparable damage or injury' refer to in the context of an interlocutory injunction?
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What is required from the applicant in an Anton Piller injunction regarding the likelihood of the respondent's actions?
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During an application for an interlocutory injunction, what aspect of the parties' behavior is considered?
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What is the purpose of a Mareva injunction?
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Which of the following is NOT a guiding principle for the grant of a Mareva injunction?
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What is a sheriff interpleader?
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In the context of interpleader, what is the role of the applicant?
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What must the affidavit for an interpleader include?
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Which of the following procedures is NOT used for initiating an interpleader?
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What is one of the conditions to be fulfilled for a Mareva injunction to be granted?
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What could happen if a defendant successfully removes assets from jurisdiction before a judgment?
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Study Notes
Legal Applications and Motions
- Signing by a law firm is not permitted, as exemplified by the case OKAFOR V NWEKE (2007).
- Applications must include the address of the applicant’s counsel and the name/address for service of the respondent or their counsel.
Types of Motions
- Two main types exist: Motion Ex-Parte and Motion on Notice.
Motion Ex-Parte
- A unilateral application made without notifying the other party; can occur even if the other party is present (e.g., 7-Up Bottling Company v Abiola & Sons Ltd).
- Urgency is a key factor warranting an ex-parte motion, especially if the adverse party's interest will not be negatively impacted (e.g., Leedo Presidential Motel v Bank of the North Ltd).
Requirements for Motion Ex-Parte
- Must be supported by an affidavit and a written address (Order 43 Rule 1(1)).
- Injunction applications cannot be made ex-parte unless accompanied by a motion on notice (Order 43 Rule 3).
Common Applications Made by Motion Ex-Parte
- Leave to defend in a representative capacity
- Substituted service requests
- Interim injunctions
- Removal of writs
- Garnishee order nisi
- Anton Piller injunction
- Mareva injunction
- Third-party proceedings
- Permission to commence proceedings
Court Orders in Ex-Parte Applications
- Courts may make counter affidavits and replies.
- In Abuja, no specific service time is required; generally, two clear days must elapse before motion hearings (Order 43 Rule 6 FCT).
- Personal service is unnecessary; service is done at the designated address (Order 7 Rule 4 FCT).
Hearing of Motions
- Applications can be moved in court or chambers; contentious applications are generally heard in open court.
- In Abuja, an ex-parte motion can be deemed moved with written addresses adopted without formal movement (Order 43 Rule 4 Abuja).
Moving a Motion Steps
- Identify the application and state the relevant rule/law.
- Specify the prayers sought in the motion paper.
- Reference supporting affidavits and any attached exhibits.
- Highlight written addresses and adopt them in court.
- Address counter affidavits if filed and urge the court to grant the application.
- The court may deliver a ruling immediately, stand down, or adjourn for ruling.
Interlocutory Applications
- No limit on the number of applications in a suit unless deemed frivolous or obstructive.
- In Abuja, pleadings amendments are limited during the trial.
Interlocutory Injunction Conditions
- Must show a legal/equitable right, a substantial issue for trial, balance of convenience, risk of irreparable harm, and undertake damages (Obeya Memorial Hospital v AG Federation, 1987).
Mandatory Injunctions
- Orders compelling a party to perform certain actions, ensuring restoration to the prior state (Sulu Gambari v Bukola, 2004).
Anton Piller Injunction
- Ex-parte order for the applicant to enter a respondent's premises to seize infringing goods; applicable in cases of copyright, trademark, or patent infringement (Anton Piller K.G v Manufacturing Processes Ltd, 1976).
- Specific principles must be met for granting, including proof of infringement and risk of property destruction.
Mareva Injunction
- Restraining order preventing asset removal that could nullify a potential judgment (Mareva Compania Naviera v International Bulk Carrier Ltd, 1975).
- Requires showing a justifiable cause of action, imminent risk of asset removal, complete disclosure of material facts, and willingness to undertake damages.
Interpleader Proceedings
- Used when a party holds property claimed by multiple parties, seeking court determination on rightful ownership.
- Types include Sheriff interpleader and Stakeholder interpleader (Order 48 Rule 1 Abuja).
Interpleader Procedure
- Initiated by originating summons or ordinary interlocutory summons in ongoing suits.
- The affidavit must state that the applicant has no interest in the subject matter and is not colluding with claimants.
Drafting a Motion on Notice
- Example motion should include titles, parties involved, court rules invoked, details of the dates and orders requested, and information about the counsel.
- Include contact details for service and provision for costs if applicable.
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Description
Test your knowledge on legal applications and motions, focusing on key concepts such as Motion Ex-Parte and applicable legal requirements. This quiz covers essential cases and guidelines that govern the application process in legal contexts. Perfect for law students and legal practitioners.
