Commencement Of Actions At Hight Court Flashcards
(41 cards)
What is the High Court’s jurisdiction in civil litigation?
The High Court has unlimited jurisdiction and can entertain any matter unless the law stipulates otherwise.
Where should land disputes be instituted?
In the High Court of the State where the land is situated (lex situs).
How should actions arising from contracts be instituted?
Where the contract is to be performed or where the defendant resides or does business.
In which judicial division should a company action be commenced?
In the judicial division where the company has its central place of business, management, and control, or its registered head office.
What is the role of the Chief Judge regarding actions commenced in the wrong judicial division?
In Abuja, only the Chief Judge can consider a transfer if the action was commenced in the wrong division.
List the four modes of commencing an action in the High Court.
- Originating motion
- Originating summons
- Petition
- Writ of summons
What is an originating motion used for?
It is used when provided for by a statute or rule of court, e.g., habeas corpus, mandamus, or judicial review.
What is the time frame for a defendant to respond to an originating summons in Abuja?
8 days.
What is the time frame for a defendant to respond to an originating summons in Lagos?
21 days.
What is a petition in the context of commencing an action?
A written application to court setting out a party’s case, used where a statute or rule provides for its use.
What is the default mode for commencing an action in the High Court?
Writ of summons.
What must be done for an action to be considered commenced?
Filing fees paid, affidavit taken, processes served on adverse parties, and suit number entered in the Cause Book.
What documents must be filed together with the writ of summons?
- Statement of claim
- List of witnesses
- Written statements on oaths
- Copies of every document/exhibit
- Pre-Action Protocol Form 01 or Certificate of Pre-Action Counselling
What is the effect of not filing the requisite documents along with the writ?
In Abuja, the Registrar shall not issue the writ; in Lagos, it will nullify the action.
What is a concurrent writ?
A writ to be served on a defendant within jurisdiction and another outside jurisdiction.
What is the purpose of serving originating processes?
To give notice to the defendant; lack of service means the court lacks jurisdiction.
What are the two types of service of processes?
- Personal service
- Substituted service
What is personal service?
Originating processes must be served personally on the defendant unless substituted service is ordered.
What is substituted service?
Applied when personal service fails or the party is evading service.
What must be included in the application for substituted service?
- Leave of court by motion ex parte
- Affidavit stating grounds for application
- Proposed means of serving
What is the procedure for serving originating processes outside the jurisdiction of the court in Abuja?
A special endorsement by the Registrar indicating service out of jurisdiction must be made.
What is the time frame for serving processes in Abuja and Lagos?
Between 6am and 6pm daily, except on Sundays and Public Holidays.
What options does a defendant have after being served with a defective writ?
- Enter conditional appearance and file a motion to set aside service
- File a motion to set aside the writ
- File a preliminary objection challenging jurisdiction
What options does a defendant have after being served with a defective writ?
- Enter a conditional appearance and file a Motion on Notice to set aside service for being defective.
- File a motion on notice to set aside the writ itself for being defective without entering an appearance.
- File a Notice of preliminary objection challenging the jurisdiction of the court with or without entering appearance.
