Podcast
Questions and Answers
What is a key characteristic of a motion ex parte?
What is a key characteristic of a motion ex parte?
- It can be filed without an attorney present.
- It can only be made in cases with limited time.
- It requires a supporting affidavit. (correct)
- It involves both parties being notified.
Under what circumstances can a motion ex parte be made?
Under what circumstances can a motion ex parte be made?
- When both parties agree to the terms.
- When there is no urgency involved.
- When the other party is in court but not participating. (correct)
- When the interest of the adverse party could be negatively affected.
Which type of application cannot be made ex parte?
Which type of application cannot be made ex parte?
- Leave to defend a suit in a representative capacity.
- Interim injunction without a motion on notice. (correct)
- Application for substituted service.
- Garnishee order nisi.
Which case is referenced as illustrating that a motion cannot be signed by a law firm?
Which case is referenced as illustrating that a motion cannot be signed by a law firm?
Which of the following is NOT a typical application for motion ex parte?
Which of the following is NOT a typical application for motion ex parte?
What is the purpose of the Motion on Notice being filed?
What is the purpose of the Motion on Notice being filed?
Which section of the Constitution is referenced in the motion?
Which section of the Constitution is referenced in the motion?
What additional order may the court grant?
What additional order may the court grant?
Which order is NOT mentioned in the motion?
Which order is NOT mentioned in the motion?
What is the minimum required time between the service of a motion and the hearing in the absence of special leave?
What is the minimum required time between the service of a motion and the hearing in the absence of special leave?
Which of the following rules states that personal service is not necessary?
Which of the following rules states that personal service is not necessary?
How many adjournments can a party request at most?
How many adjournments can a party request at most?
What is a requirement when moving a motion in court?
What is a requirement when moving a motion in court?
In what type of setting are contentious applications heard?
In what type of setting are contentious applications heard?
What action may the court take when the respondent has no objection?
What action may the court take when the respondent has no objection?
How many times can an application for amendment of pleadings be brought during trial in Abuja?
How many times can an application for amendment of pleadings be brought during trial in Abuja?
What will happen to an application that is meant to delay proceedings?
What will happen to an application that is meant to delay proceedings?
What is one of the conditions for granting an interlocutory injunction?
What is one of the conditions for granting an interlocutory injunction?
What primary purpose does a mandatory injunction serve?
What primary purpose does a mandatory injunction serve?
In the context of an Anton Piller injunction, what must the applicant demonstrate regarding the respondent?
In the context of an Anton Piller injunction, what must the applicant demonstrate regarding the respondent?
What is a Mareva injunction designed to prevent?
What is a Mareva injunction designed to prevent?
Which of the following is NOT a principle guiding the grant of an Anton Piller injunction?
Which of the following is NOT a principle guiding the grant of an Anton Piller injunction?
What does 'irreparable damage or injury' refer to in the context of an interlocutory injunction?
What does 'irreparable damage or injury' refer to in the context of an interlocutory injunction?
What is required from the applicant in an Anton Piller injunction regarding the likelihood of the respondent's actions?
What is required from the applicant in an Anton Piller injunction regarding the likelihood of the respondent's actions?
During an application for an interlocutory injunction, what aspect of the parties' behavior is considered?
During an application for an interlocutory injunction, what aspect of the parties' behavior is considered?
What is the purpose of a Mareva injunction?
What is the purpose of a Mareva injunction?
Which of the following is NOT a guiding principle for the grant of a Mareva injunction?
Which of the following is NOT a guiding principle for the grant of a Mareva injunction?
What is a sheriff interpleader?
What is a sheriff interpleader?
In the context of interpleader, what is the role of the applicant?
In the context of interpleader, what is the role of the applicant?
What must the affidavit for an interpleader include?
What must the affidavit for an interpleader include?
Which of the following procedures is NOT used for initiating an interpleader?
Which of the following procedures is NOT used for initiating an interpleader?
What is one of the conditions to be fulfilled for a Mareva injunction to be granted?
What is one of the conditions to be fulfilled for a Mareva injunction to be granted?
What could happen if a defendant successfully removes assets from jurisdiction before a judgment?
What could happen if a defendant successfully removes assets from jurisdiction before a judgment?
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.
