FINAL WRITTEN ADDRESS/JUDGMENT

Question 1

When does final written address happen?

Answer 1

Summing up by parties to a case, upon the close of evidence.

Section 294 CFRN, OBODO V OLOMU

Question 2

What is the effect of the trial court failing to allow a party to take final address?

Answer 2

Where a party is not given an opportunity to address the court, the proceeding can be successfully faulted on fundamental grounds.
The court cannot deny the parties the right of addressing the court unless the parties elect not to do so.
S 294

Question 3

Can evidence adduce at final written address be considered by the court?

Answer 3

NO! An address cannot take the place of credible evidence in a trial.

Question 4

FUNCTIONS OF CLOSING OR FINAL ADDRESS IN A TRIAL?

Answer 4

1. It helps the judge arrive at a speedy judgment
2. It determines when the time to deliver judgment starts to run.
3. It accentuates the principles of fair hearing
4. It assists the court in arriving at a decision-But it is not a substitute for evidence
5. To urge the court to decide in favour of party addressing the court
6. It provides an opportunity to resolve all questions hanging during cross-examination

Question 5

What is the procedure for Filing Final Written Address?

Answer 5

The timing for this filing depends on who adduced evidence last. If the defendant presents evidence after the claimant, the defendant will have 21 days to file their final written address after the close of evidence.

Question 6

What happens where the Defendant does not call evidence?

Answer 6

If the defendant does not present evidence, the claimant must file their final address within 21 days of the close of evidence.

Question 7

Who has a right to reply in final written address?

Answer 7

The party that filed their final written address first has a right to reply on POINTS OF LAW ONLY

7 DAYS!

Question 8

What are the ORDERS for Final Address in Lagos and Abuja?

Answer 8

ORDER 33-In Lagos!

ORDER 32-In Abuja!

Question 9

What is the process for filing final written address where there are multiple defendants?

Answer 9

The last defendant to adduce evidence files his final written address first, followed by the rest defendants and the claimant.

i.e John(1st), Ali(2nd) and KJ(3rd)
If KJ adduces evidence last, he will file his final written address first.

Question 10

How can a case be closed?

Answer 10

By the application of the parties or suo motu

Question 11

How many minutes will the court grant to the parties for FWA?

Answer 11

20 MINUTES each

Question 12

What is the Content of FINAL ADDRESS?

Answer 12

1. Introduction
2. Brief Statement of Facts with reference to the exhibits attached
3. Issues for Determination
4. Succinct statement of argument
5. Conclusions
6. Prayers
7. List of Authorities relied upon

Question 13

What is the difference between Judgment and Ruling?

Answer 13

JUDGMENT-This is a final decision of the court and it is binding on the parties, can only be set aside on appeal.
Ruling-This is an interlocutory decision of the court and it is not final except where the court declines jurisdiction.

Question 14

Characteristics of a Valid Judgement?

Answer 14

1. It must be in writing.
2. It must be signed, sealed and delivered
3. Judgment must be delivered in an Open court
4. A Judgment must contain evaluation of the issues properly raised and heard
5. A Judgment must be delivered within 90 Days
6. A Judgement must contain Reasons for the judgment

Question 15

What is the exception to the general rule that judgment must be in writing?

Answer 15

Magistrate Court is not a superior court, it can deliver its judgement orally, and later put it into writing, and it will deemed proper.

Question 16

What is the difference between judgment read and judgment pronounced?

Answer 16

Where a judgement is read, it is written, but where pronounced, it is merely stated orally.

Question 17

Where a judge is dead, retired, dismissed or elevated, should his judgment be read or pronounced?

Answer 17

PRONOUNCED!
Anything else will amount to a nullity.

Question 18

Can a judgement of one high court judge be read by another high court judge?

Answer 18

General rule, NO!
EXCEPTIONS
1. It is impracticable for the judge to deliver his judgement
2. Such judgement IS already be written, signed and sealed, and
3. No miscarriage of justice would be occasioned. AG v. ANPP

Question 19

Exceptions to the general rule that judgment must be delivered in an open court?

Answer 19

1. Where hearing was conducted in chambers that judgment may be delivered in chambers.
2. Public Interest
3. Public Order
4. Public Morality
5. In the case of a minor
   SECTION 36(4) CFRN

Question 20

When is Judgement to be delivered?

Answer 20

90 DAYS after the conclusion of final written address and evidence

Question 21

What’s the effect of delivering judgment after the expiration of 90 DAYS?

Answer 21

It is a NULLITY because the court lacks jurisdiction!
EXCEPTIONS
1. Where the judge adjourns the date for judgment before the expiration of 90 Days.
2. Where it is proven that the delivery after 90 days did not occasion a miscarriage of justice

Question 22

When can a court give judgment and reserve the reasons for later?

Answer 22

Where it is a final court- like Supreme court, Court of Appeal(on election petitions)

Question 23

Can a Court grant more than the reliefs sought in judgment?

Answer 23

Generally, the court cannot grant more than the reliefs sought by the parties.
EXCEPTIONS
Ancillary and Consequential Orders
Ancillary reliefs flow from the main reliefs while consequential orders is one which is to give effect to the main reliefs.

Question 24

Is piecemeal judgment allowed?

Answer 24

No! The court frowns at it.

Question 25

What are the types of judgements?

Answer 25

1. Consent 2. Default 3. Interlocutory/Final judgment 4. Non Suit/Dismissal

Question 26

How do you know if a judgment is interlocutory in nature?

Answer 26

-It does not deal with the final rights of the parties -If it merely directs how the parties are to proceed in order to obtain the final decision -If it does not decide the final rights of the parties.

Question 27

When can an interlocutory Judgment be final?

Answer 27

Where the court **declines jurisdiction** to hear a substantive suit before it, it is held to be a final judgement. If the court uphold jurisdiction, it is an interlocutory judgement.

Question 28

What is the effect of a Final Judgement?

Answer 28

The court becomes functus officio and the judgment becomes binding on the court/all parties

Question 29

Distinction between Final and Interlocutory Judgment?

Answer 29

1. Final Judgement determines the rights and liabilities of the parties totally and can only be set aside on appeal Interlocutory Judgment does not. 2. Time to appeal-Final Judgement is **3 months** Interlocutory Judgment is **14 days** 3. Appeal-Final Judgment appeal lies as of right. Interlocutory Judgment-Leave of the court is needed(except on grounds of law)

Question 30

What are parties required to file in Consent Judgement?

Answer 30

Memo of Settlement

Question 31

On what grounds can consent judgment be set aside?

Answer 31

1. Fraud 2. Misrepresentation 3. Illegality 4. Mistake 5. Duress 6. Lack of Consensus Ad-Idem

Question 32

What are the conditions for consent judgment?

Answer 32

1. There must be a consensus ad-idem between the parties 2. The agreement must be voluntary, free and unambiguous 3. The terms of settlement must be filed in court for the court to pronounce on it

Question 33

Do parties need leave of court to appeal consent judgment?

Answer 33

Yes! because it’s a final judgement and not an appeal as of right

Question 34

What is declaratory judgement?

Answer 34

Declares the rights of the parties without imposing any obligations on them. It cannot be enforced or executed because it merely spells out the rights of the parties. OKOYA V SANTILLI

Question 35

If you want to enforce a declaratory judgement, how can this be done?

Answer 35

**By filing a separate application for enforcement!**

Question 36

What is Executory Judgment?

Answer 36

This declares the rights and duties of the parties to an action and also includes a binding order on the defendant, it tells the defendant to act in a specific way. It can be executed and stayed. **ADEDOYIN V SONUGA**

Question 37

What is an Order of Non Suit?

Answer 37

Where Non-suit order is made, it means that the claimant’s claim is neither allowed nor dismissed as circumstances of the case are such that the court does not think it should enter judgment against the claimant or for the defendant

Question 38

Is the order of non suit provided for in all the jurisdictions?

Answer 38

NO! An Abuja court cannot make an order of non suit.

Question 39

What are the factors to establish before Default judgement can be set aside?

Answer 39

1. There are good grounds for his failure to appear 2. There was no undue delay in making the application 3. The other party will not be prejudiced 4. The applicant’s claim is not manifestly unsupportable 5. Conduct of the applicant during trial

Question 40

How do you bring an application for Default Judgment?

Answer 40

MON+A+WA

Question 41

When can a judgment be amended or reopened?

Answer 41

1. To correct clerical errors 2. To correct accidental slips 3. To set aside a default judgment obtained in absence of one party or in default of pleadings 4. To set aside a judgment obtained by fraud 5. Where the judgment is a nullity for want of jurisdiction

Question 42

Adoption of Written address?

Answer 42

“My Lord, before this Honourable Court is the claimant’s final address dated_________ day of____________2019 and filed on the same date. We humbly seek the leave of the court to adopt same as our final written address in this case”