Civil Litigation - Week 3 - Parties to a Civil Action PDF

**Wura's Notes** **Civil Litigation** **Week 3: PARTIES TO A CIVIL ACTION** **[IMPORTANCE OF PARTIES TO AN ACTION]** - It is important to bring the right parties to the court so the decision of the court can be binding - To enable the court to properly determine the issues - If you b...

**Wura's Notes** **Civil Litigation** **Week 3: PARTIES TO A CIVIL ACTION** **[IMPORTANCE OF PARTIES TO AN ACTION]** - It is important to bring the right parties to the court so the decision of the court can be binding - To enable the court to properly determine the issues - If you bring wrong parties, court may lack jurisdiction over them - Where you do not bring the necessary/proper parties before the court, your matter will be struck out **[DESIGNATION OF PARTIES ]** - Plaintiff/claimant v defendant - Applicant v respondent - Petitioner v respondent Writ of summons or originating motion Claimant & defendant --------------------------------------- ------------------------- Originating motions Applicant/respondent Interlocutory applications Applicant/respondent FHC Plaintiff and defendant - In Lagos and Abuja, the person that institutes an action is the claimant & the person against whom the action is instituted is the defendant. - Applicant is also the person that institutes an action (i.e., an originating motion) & the person who responds is the respondent. - Petitioner is whoever institutes an action by way of petition (i.e., election petition, winding up petition etc). The person against whom the petition is whom is the respondent. - Plaintiff is used in the Federal High Court and the Supreme Court **NOTE:** one person cannot be the claimant and defendant. There must be at least two parties in an action -- **Okeahialam v Nwamara 2003** **[DEFINITION OF PARTIES ]** - Person or persons by whom or against whom a civil action is instituted. Persons whose names appear on the record as plaintiffs or defendants as the case may be. [See **Green v Green (1987) LPELR-1338(SC)**] - Generally, these are parties to the dispute brought before the court - Must be set out as part of the heading of the originating and subsequent processes. - Court process in a civil action without parties cannot be comptetent and will be struck out. - **[TYPES OF PARTIES]** The case of **Green v Green** is the locus classicus for the categories of parties to an action; The types of parties include; - Proper parties - Desirable parties - Necessary parties - Nominal parties +-----------------------------------+-----------------------------------+ | **Proper party** | A pp is a party whose interest | | | would be directly affected by the | | | decision/outcome of the case -- | | | **Green v Green** | | | | | | In **Yusuf v Akindipe** the court | | | held that for a person to be | | | considered a pp, he should be | | | able to prove that he is | | | connected directly to the cause | | | of action | +===================================+===================================+ | **Desirable party** | Not originally a party to the | | | action and presence not essential | | | of the just determination of the | | | suit but they are made a party so | | | as to be bound because the | | | outcome may directly affect him | | | or he may be bound by any order | | | in action **-- Green v Green; | | | Yakubu v Gov Kogi State** | +-----------------------------------+-----------------------------------+ | **Necessary party** | This is a person who is; | | | | | | - Interested in the subject | | | matter | | | | | | - Whose presence is essential | | | for the just, effectual and | | | complete determination of the | | | suit and; | | | | | | - Who would be affected by the | | | outcome of the suit | | | | | | Union beverages v Pepsi Cola | +-----------------------------------+-----------------------------------+ | **Nominal party** | This is a party that may be | | | designated to be sued on behalf | | | of certain bodies eg action | | | against the FG,AG -- **Padwa v | | | Jatau** | | | | | | - Not interested in the subject | | | matter | | | | | | - Not involved in the | | | transaction that gave rise to | | | the cause of action | | | | | | - Would not be personally | | | affected by the outcome | | | | | | - Made a party only by virtue | | | of the office he occupies | +-----------------------------------+-----------------------------------+ **[CAPACITY TO SUE AND BE SUED ]** An action brough in a representative capacity is competent, provided it is instituted by a legal person on behalf of an identifiable person having common purpose -- **Yusuf v Akindipe** [Who can sue and be sued] - Natural persons (must be a living person and real names must be used in originating process) a natural person is essentially a human - Juristic persons - [Who is a juristic person? ] - Artificial persons, government, statutory bodies, companies, registered trusteed, incorporated trustees. Artificial persons are incorporated companies under CAMA -- they can own property as they have a corporate personality. [Examples of natural persons] - Competent adults (**18 years and above who is of sound mind, not bankrupt and not under any legal disability**) - Persons under legal disability (PULP) (**this is a person who lacks the capacity to institute or defend proceedings due to age, insanity of unsoundness of mind. They lack the capacity to sue in their own name and are represented by an officer appointed by the court**) - Lunatics - Personal representatives (**this includes trustees, executors or administrators)** - Attorney - Artificial persons - Corporate sole ( a corporate sole is only one person eg the AG, the speaker of the HOA,etc. these are corporate offices occupied by individuals who embodies the office) - Corporation aggregate (includes LLC's, statutory corporations. These are either statutory bodies created by law or registered bodies created under relevant statutes like CAMA. Examples include council of legal education, CAC, etc) - Registered firms/partnerships -- there are 3 ways you can sue these guys; - In the name of the partnership - In the name of the partners jointly - In a representative capacity - Juridical persons (created by statutes but not vested with juristic personality) [Caselaw ] - **Shitty & ors v Ligali & ors** -- 12 members of Lagos Central Mosque instituted an action stating that they were the executives of Lagos Central Mosque. They sued Ligali. The court said no as they are not known to law & at best, they are executive members as the Lagos Central Mosque was registered under incorporated trustees. Thus, it is the trustees that are known to law. - **Agbonmagbe Bank Ltd v GM GB Ollivant** -- bank sued the GM (General Manager). It was decided that the GM of GB Ollivant is not known to law. Rather, it is GB Ollivant that is known to law - **Okechukwu & Sons v Ndah (1967)** -- Okechukwu had a business name. he instituted an action against Ndah using Okechukwu & Sons. Ndah argued that Okechukwu & Sons is not known to law as it merely a business name (business names do not have capacity to sue and be sued). Ok changed it to Mr Okechukwu trading under the name and style of Okechukwu & Sons. The action proceeded because he amended the name in the suit. [Who else can sue apart from natural and artificial persons] - **Estate of deceased** - Any action you want to maintain on behalf of the deceased will go to the estate of the deceased. - It will be the executor/executrix that will maintain the action - (suing as executors/executrix of the estate of Mr X) - **Order 13 Rule 13 Abuja; Order 15 Rule 11 Lagos** - **Statutory bodies** - **Ibrahim v Judicial Service Commission (1998)** - Corporations created by statute. The statute gives them the power to sue in the name given to them (e.g., NDLEA, CBN, CLE) - **Governments** - **S20 Supreme Court Act** -- To sue govt, you sue the AG of the state or AG of the federation. - S16 LFN 2004 - AG Fed v ANPP (2004) - **Firms of Partnership** - (sued/suing as representatives of X partners) - Any of the parties to the action can apply to the judge for a statement of the names and address of the persons who are partners in the firm when the cause of action arose on to be furnished oath or as the judge may direct to lift the veil - **Order 13 rule 25 Abuja; Order\ ** Can sue or be sued in 3 different ways: - You can sue them in the firm's registered name or partnership name - Order 13 Rule 25 Abuja; Order 15 Rule 24 Lagos - You can sue all the partners of the firm jointly in their individual names - You can sue one or more of the partners are representatives of the firm/partnership - **Iyke Med Merchandise v Pfizer Inc (2001)** - **MK Marki v Hassan Said (1961)** 1. Limited Liability Partnership - Body corporate under part C of CAMA. It is a legal entity separate from its partners and shall have perpetual succession - It has its own legal personality after incorporation separate from its partners - S746 part C CAMA 2. Limited Partnership - Shall not consist of more than 20 persons. - Shall consist of one or more persons known as general partners who will be liable for all the debts and obligations of the firm. - Limited partners shall only be liable for debts and obligations of the firm that they have agreed to contribute to. - S795 Part D of CAMA - Does not have a legal personality separate from its partners 3. Trade Unions - Trade unions can sue in the name they registered with - Bonsor v Musicians Union (1955) - Nigerian Nurses Ass v AG Fed (1981) 4. Incorporated companies under part B CAMA - They can sue and be sued in their name - S18 CAMA 5. Registered Associations under part F CAMA - You sue the incorporated trustees of the organisation. - Usually for schools and churches - S830(10) CAMA - Bambe v Yesufu Aderinola 6. Unincorporated Association - Here, the president, secretary or executive members of the company is who you sue - (suing as representatives of X club) - NBA v Fawehinmi (1986) -- case instituted against NBA for reliefs. NBA argued that they have no capacity to sue and be sued in their name as they are just an association of members. The case was struck out.\ Years later, it was found that NBA was actually registered as incorporated trustees. Because of this this case does not apply anymore in this situation - Shittu v Ligali 7. Registered business name - Okechukwu & Sons v Ndah 8. Power of attorney - Donee sues in the name of the donor - Pereira v Motor & Gen Insurance Co Ltd 9. Persons under legal disability - Infants, lunatics and persons of unsound mind Order 13 Rule 11 Abuja; Order 15 Rule 9 Lagos - Guardian to sign and file a written authority in court -- Order 13 Rule 12 Abuja; Order 15 Rule 10 Lagos\ stating that you submit yourself to represent X - If you have a guardian, your guardian will sue on your behalf, if you don't have one, the court will appoint one for you - **[NOTE]**: Name on the court process will be the name of the person under legal disability indicating that he is e.g.., "an infant" and in bracket, will be the name of the guardian - Sofolahan & anor v Fowler & Sons: they sued their children's school on behalf of their children. Court did not allow them because they put their name and not the children's names - For persons of unsound mind, use (persons under legal disability) [Can amendment be granted where an action is commenced in the name of a wrong person?] - Yes -- as long as it is a misnomer - A misnomer is when the correct person is described under the wrong name - It has to be a person recognised by law - **In the case of chairman of the board of revenue v Joseph** -- the court allowed the removal of 'chairman' because it was a misnomer - The amendment of a misnomer cannot be done if a person is dead - Misnomers are by the discretions of the court - If it is not a misnomer (i.e., you bring a case against a non-juristic person), it will be struck out - Agbonmagbe v GM GB Ollivant **[REPRESENTATIVE ACTION]** This occurs when a person or persons sue/defend in their individual names but on behalf of a group of persons having a common interest in the action, such an action is called a representative action -- **13/14 Abuja, 15/12 Lagos** The judgement in a rep action is binding on all parties both the representatives and the represented including those whose names do not appear individually on the writ, provided that they fall within the membership of the group represented -- **Oketie v Olughor 1995** **NOTE:** motion ex parte with affidavit showing the consent of the persons represented **[Reasons behind rep actions ]** - Members of the group may be so numerous to reflect all their names on the process - The group may not have capacity to sue--unincorporated/unregistered associations; - unregistered corporative societies, family, community, etc - It may be in compliance with provisions of statute/law; rep actions under **S301 (2) CAMA;** trustees/executors/admins **[Conditions precedent to rep actions ]** 1. Prior written authority of the represented filed as exhibit with the processes 2. Leave of court. Although, it is no longer provided for in the new rules but in Abuja and Lagos but there is still leave of court in practice. Therefore, **failure to obtain the leave does not vitiate the proceedings** **Mbanefo v Molokwu**. Procedure for leave is by - Motion Ex Parte - Affidavit - Written Address 3. Both the represented and the representatives must have a common interest or common grievance in the action 4. The relief sought must be beneficial to both the representatives and the represented **Adediran v Interland Transport (1991** 5. The fact that the action is a rep action must be reflected on the face of the Writ 6. The names of the representatives and the capacity in which they are suing must be reflected on the writ 7. If action is not initially brought as a rep action, the processes could be amended with leave of court to so reflect. This may be done at any stage of the proceedings before judgment. But where the amendment is not done or no authorization is given until judgment, action would be deemed The **[procedure]** from bringing representative action is found under **Order 13 Rule 14 Abuja and Order 15 Rule 12 Lagos.** - Where there are numerous person having the same interest in one suit, one or more of such persons may sue or be sued on behalf of or for the benefit of all persons so interested - Here, where the claimants want to sue in representative capacity, they will not need leave of court - Where there are numerous persons having the same interest in one suit and they seek to defend the action, the court may allow one or more of such persons to defend the action on behalf or for the benefit of all persons so interested. - Here, where the defendants want to sue in representative capacity, they will need leave of court by motion ex parte supported by affidavit and written address. In any situation of representative capacity, there **must be a written authority or resolution** of power of authority by the persons to be represented as this document must be pleaded in pleadings and tendered in evidence. The representative capacity must be reflected on all court processes (**order 4 Rule 2 Abuja; Order 6 Rule 2 Lagos; Vulcan Gases Ltd v Okunlola (1993**)). The effect of judgment given in representative action is seen in the case of **Tessi Opebiyi v Shittu Oshoboja (1976)\ ** it is binding on all parties: those who are representing and those being represented. **[Objections to rep action]** - Respondent/defendant may challenge the capacity or authority in which a rep actin is instituted **[Procedure]** Motion on notice supported by an affidavit and written address. The alternative procedure is by notice of preliminary objection supported by a written address **[Cases where rep actions may be used ]** - Cases involving land holding company - Chieftaincy matter where a family has a corporate interest - To prevent multiplicity of action - Convenience **[CLASS ACTIONS]** It is a specie of representative actions that occurs in situations where in any proceedings, the person or class of persons or some other members of that class that may be interested in the subject matter cannot be ascertained or cannot readily be ascertained or if ascertained cannot be found or if ascertained and found, it is expedient for the purpose of efficient procure that one or more persons be appointed to represent that person or class or members of the class. The class representative is **appointed by the court rather than the parties**. The major diff between this an a rep action is the cannot you cannot identify every party to the class action - The provisions in Lagos and Abuja are the same but Abuja covers a wider range of subject matters as they added torts. Note that this does not mean that Lagos does not cover torts as the legislation provides for any other action that may be relevant to be brought. order 13 Rule 15(1) Abuja or Order 15 Rule 13(1) Lagos [**Procedure -**] The procedure is by motion ex parte, supported by affidavit and written address seeking for leave of court. - An application is brought stating that they represent the class of persons. The judge appoints them to represent & their notice of appointment is served on them. **[The effect of the class action]**\ **Order 15 Rule 13(2) and Order 13 Rule 15 in Lagos** -- it is binding on all representatives and the represented. [**Notice of appointment**] made by the judge and all court processes filed shall be served on the persons so appointed**. In Abuja, you must also advertise in a national newspaper.**\ **Order 13 Rule 15(2) Abuja and Order 15 Rule 13(2) Lagos.** **[NOTE:]** Class actions are usually settled by compromise to settle the matter out of court -- Order **13 Rule 16 Abuja and Order 15 Rule** 14 Lagos. The effect of the compromise is binding on all parties **[Similarities and differences between class action and representative suit ]** **[Differences between third party proceeding and joinder]** - Third party proceeding: - Defendant doesn't want to bear the liability alone & so, adds the third party. - The defendant brings in the third-party proceeding -- it cannot be brought by the claimant. - Joinder proceeding -- - Claimant can bring this person in - The person ought to have been brought in from the beginning. **[SUMMARY]** co-defendant is someone who ought to have been brought in the first instance. With a third party, a claimant can't bring him (the third party) in because of privity of contract -- the relationship is only between the defendant and a third party. [**ALTERATION OF PARTIES**\ ]After an action has commenced, a party's status may change (i.e, death, marriage, bankrupt, transfer of debt to another person).\ **Order 13 Rule 30 Abuja and Order 15 Rule 29 Lagos** [\ ]\ Where a party dies, some cause of action may survive, and some may die with the party. - Where the cause of action does not survive -- here, a personal action dies with the person (i.e., breach of promise to marry, battery, false imprisonment etc) - Where the cause of action survives -- this action proceeds as they are not personal in nature. Here, they will go into his estate to continue (i.e., title to property, recovery of debt etc).\ Here, there will be an order to substitute the deceased person with his representatives (executors and administration). It will be done by a motion ex parte with an affidavit and a written address. There will be no need for frontloading. - **Order 13 Rule 30 Abuja and Order 15 Rule 29 & 20 Lagos** - **Order 13 Rule 31 Abuja and Order 15 Rule 30(1) Lagos.** - **Mbadinuju v Ezuka (1994)\ ** **[THIRD PARTY PROCEEDINGS]**\ This is a procedure only available to a [defendant in an action or a claimant to a counterclaim].\ \ It can be adopted: - To bear eventual liability either in whole or in part (e.g., contribution, indemnity). - This reduces the liability of the judgement given against the defendant as the 3^rd^ party will split the damages paid to the defendant - **Order 13 Rule 21 Abuja and Order 15 Rule 19 Lagos** - The object is to prevent multiplicity of action It is done **via a motion ex parte** for leave to issue and serve third party notice. Supported by affidavit stating the grounds for the applicant's belief that the 3^rd^ party may bear eventual liability and written address.\ **Order 13 Rule 21(1) Abuja\ Order 15 Rule 19(1) Lagos** The action in 3^rd^ party proceedings does not start a new party between the claimant and the defendant. It is an action between the defendant and the 3^rd^ party (the 3^rd^ party is like a defendant to the defendant) [Drafting of Parties] Mike Johnson..................................Claimant/Respondent And\ Ola Bebeto...................................Defendant/Applicant\ And\ Rainbow Insurance Plc.................Third Party/Respondent - Where the application is granted, 3^rd^ party notice, order of court and all existing court processes will be served on the 3^rd^ party within the time limited for delivering defence - **Order 15 Rule 19(2) Lagos** - **Order 13 Rule 21(2) Abuja** - The 3^rd^ party must **[enter appearance]** once he is served notice. - In Lagos, the 3^rd^ party must enter appearance **within 8 days** if he is within the jurisdiction of the court; **or within 30 days** if he resides or carries on a business out of jurisdiction of the court. - **Order 15 Rule 20 Lagos** - In Abuja, the 3^rd^ party must enter appearance **within 8 days** if he is within the jurisdiction of the court; **or within 35 days** if he resides or carries on a business out of jurisdiction of the court. - **Order 13 rule 21 Abuja** - Where he fails to enter appearance, he shall be deemed to admit the defendants claim and shall be bound by the judgement of the court (made in his absence) - **NOTE:** A third party can add another person as a 3^rd^ party and so on etc. - **Order 13 Rule 22 Lagos** - **Order 13 Rule 24 Abuja** - **Okafor v ACB Limited & Anor** - **UBN Ltd v Bisi Edionseri** - **Sun Insurance Ltd v Ojemuyiwa** [**NOTE:** Can a claimant bring in a 3^rd^ party to a proceeding?] A claimant ordinarily doesn't have anything to do with bringing in a third party, but he can when a counterclaim is brought by the defendant. When ta counterclaim is brought, the claimant is in the position of a defendant and can thus bring in a third party. **[JOINDER OF PARTIES ]** Two or more persons claiming right to relief may be joined in an action as claimants whether jointly or severally\ **Order 13 Rule 1 Abuja; Order 15 Rule 1 Lagos** Joint or same interest, same relief, same cause of action **Amachree & ors v Newington (1952):** court held that they could not sustain a joint action because the plaintiffs were claiming unlawful arrest and detention. However, the law did not allow it because it was done at different places and different times by the same person. They were advised to file independent suits.\ same interest, same time, same witnesses, same laws -- this is what you should look for Defendants can be sued as defendants wither jointly, severally or in the alternative\ **Order 13 Rule 4 Abuja; Order 15 Rule 4 Lagos** To sustain a joinder of parties, there must be: - Same interests - Same relief - Same cause of action Object of the rule of joinder of parties is to avoid multiplicity of action. **[Factors the court considers before bringing joint parties before the court ]** - Whether any of the defendants has a good ground of counterclaim against any of the claimants which may embarrass or delay the others - Whether the parties are likely to put up conflicting evidence between themselves - The relative poverty of any of the parties vis a vis the other in case of joint liability for cost [**What happens where a claimant is in doubt as to the person from whom he can seek redress from or sue as defendant**? ] - You sue the two of them severally (NOT jointly) so that the court can determine who is liable -- using evidence like witnesses etc - **Order 13 Rule 8 Abuja** - **Order 15 Rule 8 Lagos** **[NOTE:]** Court may order the claimant to pay the costs of the innocent defendant & the liable defendant to reimburse the claimant in addition to paying the claimant's cost of the action. This is known as a bullock order **[Persons Unknown]** Only legislated for in Abuja but also applies in Lagos. - Where in land matters, a claimant is unable to identify the person against whom he claims, he may describe such person as a person unknown - **Order 13 Rule 9 Abuja** - Such a defendant may by leave of court apply for the substitution of his name in lieu of the reference to him as a person unknown - **Order 13 Rule 10 Abuja** **[NON-JOINDER OF PARTIES]** It means a necessary party has not been added to the suit. [Effect of Non-joinder ] - Proceedings shall not be defeated. The court will decide using the parties that are present before the court. - **Order 13 Rule 18(1) Abuja** - **Order 15 Rule 16(1) Lagos** - Judgment against a non party likely to be set aside. See Green v Green - NON-JOINDER -- application may be made for joinder or court can even suo motu make order for joinder in appropriate cases see **Otapo v Sunmonu.** - MISJOINDER -- application for striking out the name of party wrongly joined - Motion on notice + affidavit + written address. **See Order 15 r17 Lagos; Order 13r 19 Abuja** [How to rectify non-joinder of parties ] - Order 13 rule 18(3) Abuja - Order 15 rule 16(3) Lagos [Procedure for adding parties in cases of non-joinder ] - Order 13 rule 19(1) Abuja - Oder 15 rule 17(1) Lagos Bring a motion on notice supported by affidavit and a written address **[Steps to take where a party is added ]** 1. The party added shall be served with the originating process or notice 2. Application to add a party shall be accompanied by statement of claim/defence, documents intended to be used and deposition of all witnesses (= frontloading)\ Not applicable to substituting a deceased party with another because it is deemed that you are continuing the action on behalf of the deceased 3. Where a party is added as a defendant, the claimant shall ament the originating process accordingly and file and serve same on the nee defendant the same way as the original **[MISJOINDER OF PARTIES ]** This is where you joined the wrong party -- you do not have a cause of action against the party. [Effect]\ The proceedings shall not be defeated - Order 13 Rule 18(1) Abuja - Order 15 Rule 16 (1) Lagos [How to rectify? ] Bring a motion on notice seeking to strike out the name of the wrong party. This will be supported by an affidavit and a written address. - Order 13 rule 18(2) Abuja - Order 15 rule 16(2) Lagos [Procedure for striking out parties in cases of misjoinder] - Order 13 rule 19(1) Abuja - Order 15 Rule 17(1) Lagos **[PARTIES BY INTERVENTION]** This is where a 3^rd^ party requests to be added as a party out of his **own freewill.** This is done where the 3^rd^ party believes that has an interest to protect & does not want to stand by and let estoppel prevent him from getting his right. There can be an intervention for public purpose [Procedure] -- motion on notice supported by affidavit and written address asking the court to allow him to be added as a party to the claim (either as a claimant or as a defendant) [Conditions for granting application] 1. Established that the intervener ought to have been joined in the first instance 2. The joinder of the intervener is necessary for the effectual and complete adjudication of the case 3. The claimant must have a claim against the intervener which he desires to pursue and that his interest is identical with that of the existing defendant 4. The reliefs claimed by the claimant will affect the legal right of the intervener directly a. Oyedeji Akanbi (Mogaji) v Okunlola Ishola Fabunmi A claimant cannot be compelled to proceed against a party he does not desire to sue. The test is whether the relief being sought by the claimant will directly affect the intervener **[Instances where intervention may arise ]** - Matrimonial causes - E.g., if husband and wife fight for custody and neither of them are fit, a third party can come in - Probate actions - Representative actions - Land matters - Intervention for purposes of appeal - Laibru Ltd v Building & Civil Engr Conractors (1962) [What stage can application for joinder of parties or striking out be ordered?] - It can be taken at the pre-trial or case management conference - **Order 27 Rule 12(a) & (l) Abuja** - **Order 27 Rule 2(n) Lagos** - At any stage of the proceedings before judgement - **Ezenwa v Mazeli & ors (1955)** - **Odahe v Okujeni & ors (1973)** - Can be ordered on appeal - **[You need leave of court to do this ]** - **[Labiru v Building & Civil Engr Cctors (1962)]** **[ETHICAL DUTIES ]** - prior due diligence to determine true, necessary, capable parties etc - representation within the bounds of law - honest and candid advice to clients - dedication and devotion - professional secrecy and privilege - meticulousness in drafting - take full instruction **[DRAFTING]** **Intro for PULP** BETWEEN OLA UMAR (person under legal disability -- an infant, suing through his guardian AB \-\-\-- claimant AND MR MAN Defendant **[Personal representative]** BETWEEN (name of executor)(suing as administrators/executors of the estate of \_\_\_\_\_\_ deceased) **[CASE BY A PERSON UNDER LEGAL DISABILITY (INFANT, LUNATIC OR BANKRUPT]** BETWEEN JOHN MARTIN (an infant, suing through his Guardian, Obi Martin) \-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-- CLAIMANT AND BLESSED HOSPITAL LIMITED............ DEFENDANT **[Attorneys ]** [(suing through his true and lawful attorney (name of attorney)] **[Incorporated trustees]** INCORPORATED TRUSTESS OF \_\_\_\_\_ Claimant **[Unincorporated bodies ]** Name of claimant (suing as the executives, for themselves and on behalf of the \_\_\_\_\_\_\_) **Business names** Name of claimant (trading under the name and style of \_\_\_\_) **Drafting a motion ex parte** IN THE HIGH COURT OF LAGOS STATE IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS BETWEEN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ CLAIMANTS/APPLICANTS AND \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DEFENDANT/RESPONDENT MOTION EX PARTE BROUGHT PURSUANT TO \_\_\_\_\_\_\_\_\_\_\_\_ AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT TAKE NOTICE that this honourable court shall be moved on the \_\_\_\_ day of \_\_\_\_ 20\_\_\_ in the hour of \_\_\_\_\_ or soon thereafter as counsel to the \_\_\_\_ shall be praying to the court for the following order - an order.... - And such other orders as this honourable court may deem fit to make in the circumstances of the case Dated this \_\_\_\_ day of \_\_\_ 20\_\_\_\_ \_\_\_\_\_\_\_\_ Name \_\_\_\_ counsel Firm Address Email Phone number **Affidavit in support** IN THE HIGH COURT OF LAGOS STATE IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS BETWEEN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ CLAIMANTS/APPLICANTS AND \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DEFENDANT/RESPONDENT **AFFIDAVIT IN SUPPORT OF MOTION EX-PARTE FOR REP ACTION** I \_\_\_\_\_\_ sex, religion, occupation and citizenship of \_\_\_\_\_\_ do hereby make oath and state as follows - I am a \_\_\_\_ member of \_\_\_\_ - by a letter date \_\_\_\_ the \_\_\_\_ authorised \_\_\_\_ and myself \_\_\_ to commence an action against the respondent in a representative capacity for \_\_\_\_. The letter of authority is hereby attached and marked as \_\_\_\_\_ - the application is brough in the interest of justice - I swear to this affidavit in good faith believing same to be true and correst to the best of my knowledge and in accordance with the oath act 2004 \_\_\_\_\_\_\_\_ DEPONENT Sworn to at the high court registry, lagos state Dated this \_\_\_\_ day of \_\_\_ 20\_\_\_ Before me \_\_\_\_\_\_\_\_\_\_ Commissioner of oaths