originating motion in nigeria

A writ of summons issued out of any state court may be served on the defendant in any other state. FUNDAMENTAL HUMAN RIGHTS IN NIGERIA. The judge said such order would be contrary to the provision of the law. Nigeria-based and Africa-focused, the firm has a dedicated and innovative corporate practice, providing the highest quality of legal, business advisory and related services to the local business community and continental and international clients. The following applications under the Act shall be made by originating motion) namely, applications Usually proceedings in the High Court are commenced by an originating summons. However, Justice Mohammed held that since all the defendants had already been served with the originating process in the suit, it would be unfair to grant the exparte motion when the defence had within 30 days to respond to the main suit. Arbitral awards are not appealable. Under the rules of the Federal High Court, leave of court is required for service of a writ of summons. After the summons has been prepared by your barrister, your solicitor takes it to the Central Office to be issued - this involves paying the stamp duty. The Arbitration Applications Rules 2009 (Schedule, LSAL) provide that an application must be by way of an originating motion. ... 2005. After the stamp duty has been paid, the summons is stamped and it is ready to be served on the defendant. In order to avoid this kind of attacks on arbitral awards, Order 28 of the High Court of Lagos State (Civil Procedure) Rules 2019 now provides that any application in any alternative dispute resolution proceedings, including an application to enforce an arbitral award, shall be by originating motion on notice. The learned Senior Advocate of Nigeria referred in the Cross-appellant's brief at pages 52-73 of the printed record Vol.1 which contains the motion to set aside the judgment. A Counterclaim is a claim for relief asserted against an opposing party after an original claim has been made, especially a defendant’s claim in opposition to or as a set off against the plaintiff’s claim. Order 24 Rules 1 and 2 provide as follows: 1. The processes in Nigeria operate an adversarial system of justice, and the courts determine causes upon materials presented by the parties. originating motion Quick Reference An application (motion) that commences a proceeding in a court: e.g. Waiving rights of appeal. I use “originating process” in this article as a general term for a writ, originating summons, originating motion and petition. Civil procedure is the body of law that sets out the rules and standards the court will follow when adjudicating on civil matters (as opposed) to procedures in criminal law matters). 3. (3) An application under section 317 or 638 of the Act may be made by ex-parte originating summons. Form 5B - Originating Motion Between Parties. by way of an originating motion; in Akande v Araoye4 it was by a writ , of summons; and in Akunnia v Attorney-General Anambra State5 the , action was commenced by notice of motion. Nigeria Ltd (1992) 6 NWLR (pt 246) 206 and Owners of the MV Arabella v. N.A.I.C. Fundamental rights are those rights that have been recognized and have constitutional backing in Nigeria, these rights are contained in chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, as amended (CFRN, 1999). The proceedings for the suit or application for Legal Guardianship under Order 6 of the Family court of Lagos State Rules is commenced by an Originating Motion filed at the Registry of the High Court or Magistrate Court in Nigeria. Order 6 Rule 31 of the Federal High Court (Civil Procedure) Rules, 2009 defines “out of the jurisdiction” as “out of the Federal Republic of Nigeria”. (2008) 11 NWLR (pt 1097) @ 182. The learned silk referred in particular to page 54 of the printed record to the following entries: 'Subject to the provisions of any Act and of these rules, civil proceedings in the High Court may be begun by writ, originating summons, originating motion or petition.' This we think is very important. Originating summons. Title: Microsoft Word - ORIGINATING SUMMONS.doc Author: laurence Created Date: 4/24/2008 5:17:35 AM It is a shortened version of the Plaint. The originating motion was therefore filed within twelve months from the date of the Judgment. Learned counsel argued and urged the court to hold as having been established that the writ of summons filed on 14/5/12 is incompetent and subsequent applications granted thereafter are nullity – Mcfoy v. However, while the requirement to seek leave leaves no room for argument regarding originating processes issued under the civil procedure rules of the state high courts, … The brief facts of the case, as pleaded by the respondent in his affidavit in support of his originating motion are as follows: That he was an Austrian national married to … This is the common method of enforcing foreign judgments in Nigeria. Governor Nasir El-Rufai of Kaduna State has led the former Emir of Kano, Lamido Sanusi; his mother, Saudatu Hussein, and his three children out of Awe, Nasarawa State. “Originating Motion” implies. Statement of Claim. In Lagos, Order 24 of the High Court of Lagos State (Civil Procedure) Rules 2004 governs the amendment of originating processes and pleadings. The Affidavit in Support of the originating motion filed by the 1st Respondent reveal the following facts: - "1. The minister said this in a counter-affidavit in response to an originating motion filed before a Federal High Court in Lagos by human rights lawyer, Inibehe Effiong. Apart from the originating motion, Sanusi also filed an exparte application, praying the court for an interim order for his release. The Federal High Court sitting, Abuja, on Tuesday, granted an ex-parte order to paste hearing notices on former speaker of the House of Representatives, Yakubu Dogara, in his office. See Order 4 and Rule 5.02(2) of the Supreme Court (General Civil Procedure) Rules 2015 for more information. Institution of a suit may be commenced by filing a Writ of Summons, an Originating Summons, a Petition or Originating Motion. (2) An originating summons under these Rules shall be in Form 1 specified in the Schedule to these Rules. Originating Summons are mainly used for commencing non-contentious matters particularly where the action involves an issue of construction of any written law or any instrument made under any written law or of any deed, will, contract or other document or some other question of law. Use Form 5B – Originating Motion Between Parties when initiating a proceeding where there is a defendant. MOBIL OIL NIGERIA LIMITED V. NABSONS LMITED ACTION:- Parties to an action -Joinder of parties – Rules governing. ACTION:- Civil Action – Application by motion seeking an order from the Supreme Court to review a previous decision Under Order 7 Rule 29 of the Supreme Court Rules Jurisdiction of Supreme Court to hear motion. The Originating Summons method is less common and is only used where the Civil Procedure Rules provide for it or some other statutes especially permit that method of approaching the court. An originating summons must be A Simple Guide To Nigeria Civil Procedure(Part 1) by legalifyNg: 5:30am On May 16, 2017 Generally, we have both Criminal and Civil Procedure. Examples: after a bank had sued a customer for an unpaid debt, the customer sues back (counterclaims) the bank for fraud in procuring the debt. The judgment must be a judgment of a superior court of the foreign country with reciprocal treatment with Nigeria. After the 1979 Constitution of the Federal Republic of Nigeria came into force on 1 October 1979, the then Chief Justice of Nigeria, A Fatai- The originating Motion Between parties when initiating a proceeding where there is a.... Where there is a defendant following entries: “ originating Motion ” implies 6 NWLR pt. Treatment with Nigeria from the date of the Supreme Court ( general Civil Procedure ) Rules for! ) provide that an application must be by way of an originating summons the Supreme Court ( general Civil )! 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