GROUP 1 CIVIL LITIGATION ANSWERS
TASK 1
WRIT OF SUMMONS
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT
NO:…………
BETWEEN
ROYAL ESTATES
LIMITED ……………….............. CLAIMANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
TO:
CHIEF JOSEPH LAMBE OF
1, LAMBE CLOSE, IKOYI, LAGOS
IN THE: ETI OSA LOCAL GOVERNMENT AREA
OF LAGOS STATE, NIGERIA
You are hereby commanded that within
forty-two (42) days after the service of this Writ on you, inclusive of the day
of such service you do cause an appearance to be entered for you in an action at
the suit of the CLAIMANT, and take
notice that in default of your so doing, the CLAIMANT may proceed therein, and judgment may be given in your
absence.
DATED THIS …………12th………..DAY
OF ………DECEMBER…..2016
……………………………………..
(REGISTRAR)
NB: This Writ is to be
served within six month from the date thereof, or, if renewed, within three
months from the date of the last renewal, including the day of such date, and
not afterwards.
The Defendant may enter
appearance personally or by Legal Practitioner either by handing in the
appropriate forms, duly completed, at the Registry of the High Court of
Judicial division in which the action is brought or by sending them to the
Registry by registered post.
ENDORSEMENT
The Claimant claims against the Defendant as follows:
1. AN ORDER FOR GENERAL DAMAGES FOR BREACH OF CONTRACT in the sum of
N11,000,000.00 ( Eleven Million Naira) .
2. AN ORDER FOR SPECIAL DAMAGES, for all the expenses incurred in the course
of commencing this action in the sum of N 9,000,000,00 (Nine Million, Naira).
This writ was issued by QUAM BEE
ESQ.of JOQUAM & CO CLAIMANT’S SOLICITOR whose address for service is NO. 1,
LAW SCHOOL DRIVE, VICTORIA ISLAND, LAGOS, agent for………………of……………………………….. Legal
practitioner for the said claimant who resides at………………………… Indorsement of
address of legal practitioner to be made on the copy of the writ or forthwith
after service.
QUAM BEE ESQ.
JOQUAM
& CO
CLAIMANT’S
COUNSEL
NO
1, LAW SCHOOL DRIVE, V.I LAGOS
Indorsed
as to service
This Writ was served by
me……………………………………at………………on the Defendant accompanied by the following
documents:
a) A Statement of Claim.
b) A list of witnesses to be called at
the trial
c) Written Statement on oath of the
witnesses except witnesses on subpoena
d) Copies of every document to be relied
on at the trial;
e) Pre-action protocol Form 01.
(Personal
Service) on the ………………day of………………………2016
Indorsed
the……………………………..day of……………………..20…………
……………………..
(Signed)
…………………….
(Address)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ………………..
CLAIMANT
AND
CHIEF JOSEPH LAMBE ……………………… DEFENDANT
STATEMENT OF CLAIM
1. The Claimant is a Limited liability
company registered in Nigeria, which deals in Estate consultant, with its
registered office at No. 2, Adeola Hopewell, Victoria Island, Lagos.
2. The Defendant is a holder of the
Statutory Right of Occupancy in respect of the choice piece of Land at Lamba
Close, Ikoyi , Lagos, by virtue of the Federal Certificate of Occupancy No.
FCO/111/2010.
3.The Claimant avers that the Contract
of Sale was made and executed between the Claimant and the Defendant on 1st
June 2014.
4. The Claimant avers that the contract
was evidence in writing and is hereby pleaded.
5. The Claimant avers that the sum
ofN25,000,000.00 (Twenty Five million, naira) being 10% of the purchase price
was deposited before the execution of the Contract.
6. The Claimant avers that he had spent
N75,000,000.00 ( Seventy Five million, naira) on the construction works
consisting of 15,000,000.00 (Fifteen million, naira) for building plans and
approvals.
7. The Claimant avers that
N10,000,000.00 ( Ten million, naira) was spent for quantity surveying and N
50,000,000.00 ( Fifty million, naira) for piling.
8. The Claimant avers that on the 1st
December, 2014 ,the Defendant wrote a letter demanding purchase price or give
up possession of the land without given any stipulated time has to the payment
of the balance on the same letter.
9. The Claimant avers that the similar
letter was written and sent to him on 5th January 2015.
10. The Claimant avers that on the 7th
January 2015, the seller wrote another letter terminating contract of sale and
demanding that the purchaser to vacate premises within 7days of service of the
letter.
11. The Claimant avers that on 8th
of January , 2015paid the balance of the purchase price which was promptly
returned by the Defendant.
12. The Claimant shall, during trial,
rely on the following evidence:
a) Letters of demand of money written by
the Defendant
b) Receipt of payment of the balance
paid up and all expenses in the course of construction.
c) The Contractual agreement between the
parties.
13. The Claimant avers that by reason of
the mattes stated above, the claimant suffered loss and damages.
WHEREFORE THE CLAIMANT
CLAIMS AS FOLLOLW:
A. AN ORDER FOR GENERAL DAMAGES FOR BREACH OF CONTRACT in the sum of
N11,000,000.00 ( Five Million, Naira) .
B. AN ORDER FOR SPECIAL DAMAGES, for all the expenses incurred in the course
of commencing this action in the sum of N9,000,000,00 (Nine Million, Naira).
DATED THIS…….12TH DAY OF
……..DECEMBER……. 2016.
……………………
QUAM BEE
ESQ, JOQUAM & CO.
CLAIMANT’S
SOLICITORNo.1 LAW SCHOOL DRIVE, VICTORIA,ISLAND.
Tel no:
0808572489
Email:
joquam&co@gmail.com
ADRESS FOR SERVICE:
THE DEFENDANT,
CHIEF JOSEPH LAMBE
NO. 1 LAMBE
CLOSE,IKOYI,LAGOS.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES
LIMITED ……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
LIST OF WITNESS
1. Kelechi Mba
2. ………………………………………………………………………………………………
DATED THIS…………12TH DAY OF………DECEMBER….. 2016
…….………………
QUAMBEE
ESQ, JOQUAM & CO.
CLAIMANT’S
SOLICITOR
No.1
LAW SCHOOL DRIVE, VICTORIA,ISLAND.
Tel
no: 0808572489
Email:
joquam&co@gmail.com
FOR SERVICE ON:
THE DEFENDANT,
CHIEF JOSEPH LAMBE,
NO. 1 LAMBE
CLOSE,IKOYI,LAGOS.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUITNO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
WITNESS STATEMENT ON OATH
I, Kelechi Mba, Adult, Female, Christian, a Secretary and
Nigerian Citizen of No. 2 Law School Drive, Victoria Island, Lagos do make oath
and states as follows:
1. I am the Secretary to the Claimant’s
company by virtue of which I am conversant with facts in this suit.
2. I have the authority of the Claimant
to make this statement on oath.
3. The Claimant entered into Contractual
agreement with Defendant on 1st June 2014.
4. The contract was evidenced in writing
in compliance and is hereby pleaded.
5. The Defendant wrote a letter
demanding purchase price or give up possession of the land without given any
stipulated time has to the payment of the balance on the same letter.
6. The Defendant wrote similar letter
and sent to him on 5th January 2015.
7. The Defendant on the 7th
January 2015, the seller wrote another letter terminating contract of sale and
demanding that the purchaser to vacate premises within 7days of service of the
letter.
8. The Claimant on the 8th of
January, 2015 paid the balance of the purchase price which was promptly
returned by the Defendant.
9. The Defendant refused to accept the
balance and decided to rescind the contract and as such as breached the
contractual agreement between parties.
10. The Claimant has suffered loss and
damages as a result of the facts stated above,
11. I make this statement conscientiously
and in good faith according to the Oath Act.
………........................
(
WITNESS)
SWORN TO THE HIGH COURT
REGISTRY,LAGOS
THIS…….12TH DAY
OF……DECEMEBER…..2016
BEFORE
ME
….………………………….
Commissioner
For Oath
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
EVIDENCE
TO RELY UPON
TAKE NOTICE that the Claimant shall, during
trial, rely on the following evidence:
a. Contract agreement between parties ;
b. Letters of demand of money written by
the Defendant
c. Receipt of payment of the balance
paid up and all expenses incurred in the course of construction.
d. Written Statement of Oath.
DATED THIS….12TH…..DAY OF…..2016
 |
…………….
QUAMBEE ESQ, JOQUAM
CHAMBERS.
CLAIMANT’S
SOLICITOR
No.1LAW SCHOOLDRIVE
VICTORIA ISLAND
Phone:0808572489Email:joquam&co@gmail.com
FOR SERVICE ON:
CHIEF JOSEPH LAMBE
THE DEFENDANT, NO. 1
LAMBE CLOSE, IKOYI, LAGOS.
STATEMENT OF COMPLIANCE WITH PRE-ACTION PROTOCOL
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
I,Claimant’s Legal Practitioner make oath as
follows:
1. I have complied with the directions
of the Pre-action Protocol as set out in Order 1 Rule 1 (4) (ii) (e) of the
High Court Rules.
2. I have made attempts to have this
matter settled out of Court with the Defendant and such attempts were
unsuccessful, by calling the parties for a conference meeting at my chambers
discussing the matters in dispute, by which the outcome of the meeting is
evidence in writing and attached herewith as evidence.
3. I have by a Written Memorandum to the
Defendant set out our claims and option for settlement.
DATED AT
LAGOS THIS…12TH..DAY OF….DECEMBER..2016.
Before me
 |
……………………………………
COMISSIONER
FOR OATHS
TASK 2
JOQUAM CHAMBERS
Legal
Practitioners Solicitors and Consultant
No. 1, Law
School Drive, Victoria, Lagos
Email: joquam&co@yahoo.com
Phone:
0808572489
Our Ref:…………… Your
Ref:………………
Date: 12/12/2016
The Registrar,
High Court of the
Federal Capital Territory,
Abuja, Maitama
Judicial Division,
FCT, Abuja.
Dear Sir,
APPLICATION FOR WRIT OF SUMMONS
PURSUANT TOORDER 4 RULE (2) SUB RULE (2) OF THE HIGH COURT OF
THE FEDERAL CAPITAL TERRITORY, ABUJA CIVIL PROCEDURE 2004
The above subject
matter refers please.
We wish to apply that
a Writ of Summons be issued against the defendant as per the attached Statement
of Claim. We undertake to pay the necessary fees.
We are much obliged
for the usual cooperation.
Yours faithfully,
…………………..
Quam Bee Esq
For: Joquam Chambers
Enclosed:
1. Statement of Claim dated 12th
of December, 2016.
WRIT OF SUMMONS
IN THE HIGH COURT OF
THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL
DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. PLAINTIFF
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
You are hereby
commanded that within eight (8) days after the service of this Writ on you,
inclusive of the day of such services you do cause an appearance to be
enteredfor you in an action at the suit of the PLAINTIFF, and take notice that in default of your so doing, the PLAINTIFFmay proceed therein, and
judgment may be given in your absence.
DATED THIS …………12th
………..DAY OF ………DECEMBER…..2016
By
order of the Court.
……………………………………..
(REGISTRAR)
NB: This Writ is to be served within twelve month from the
date thereof, or, if renewed, within six months from the date of the last
renewal, including the day of such date, and not afterwards.
The Defendant may enter appearance personally or by Legal
Practitioner either by handing in the appropriate forms, duly completed, at the
Registry of the High Court of the Federal Capital Territory, Abuja in which the
action is brought or by sending them to the Registry by registered post.
ENDORSEMENT
The Plaintiff claims
against the Defendant:
1.
AN ORDER FOR GENERAL DAMAGES FOR BREACH OF CONTRACT in the
sum of N11,000,000.00 ( Eleven Million, Naira) .
2
AN ORDER FOR SPECIAL DAMAGES, for all
the expenses incurred in the course of commencing this action in the sum of
N,9,000,000,00 (Nine Million, Naira).
This writ was issued by QUAM BEE
ESQ., JOQUAM & CO CLAIMANT’S SOLICITOR of NO. 1, LAW SCHOOL DRIVE, VICTORIA
ISLAND,LAGOS.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. PLAINTIFF
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
STATEMENT OF CLAIM
1. The Plaintiff is a Limited liability
company registered in Nigeria, which deals in Estate consultant, with its
registered office at No. 2, Adeola Hopewell, Victoria Island, Lagos.
2. The Defendant is a holder of the
Statutory Right of Occupancy in respect of the choice piece of Land at Lamba
Close, Ikoyi , Lagos, by virtue of the Federal Certificate of Occupancy No.
FCO/111/2010.
3. The Plaintiff avers that the Contract
of Sale was made and executed between the Claimant and the Defendant on 1st June 2014.
4. The Plaintiff avers that the contract
was evidence in writing and is hereby pleaded.
5. The Plaintiff avers that the sum
of N25,000,000.00 (Twenty Five million,
naira) being 10% of the purchase price was deposited before the execution of
the Contract.
6. The Plaintiff avers that he had spent
N75,000,000.00 ( Seventy Five million, naira) on the construction works
consisting of 15,000,000.00 (Fifteen million, naira) for building plans and
approvals.
7. The Plaintiff avers that
N10,000,000.00 ( Ten million, naira) was spent for quantity surveying and N
50,000,000.00 ( Fifty million, naira) for piling.
8. The Plaintiff avers that on the 1st
December, 2014 ,the Defendant wrote a letter demanding purchase price or give
up possession of the land without given any stipulated time has to the payment
of the balance on the same letter.
9. The Plaintiff avers that the similar
letter was written and sent to him on 5th January 2015.
10. The Plaintiff avers that on the 7th
January 2015, the seller wrote another letter terminating contract of sale and
demanding that the purchaser to vacate premises within 7days of service of the
letter.
11. The Plaintiff avers that on 8th
of January , 2015 paid the balance of the purchase price which was promptly
returned by the Defendant.
12. The Plaintiff shall, during trial,
rely on the following evidence:
d) Letters of demand of money written by
the Defendant
e) Receipt of payment of the balance
paid up and all expenses in the course of construction.
f) The Contractual agreement between the
parties.
13. The Plaintiff avers that by reason of
the mattes stated above, the claimant suffered loss and damages.
WHEREFORE THE PLAINTIFF
CLAIMS AS FOLLOLW:
C. AN ORDER FOR GENERAL DAMAGES FOR
BREACH OF CONTRACT in the sum of N9,000,000.00 ( Nine Million, Naira) .
D. AN ORDER FOR SPECIAL DAMAGES, for all the expenses incurred in the course
of commencing this action in the sum of N11,000,000,00 (Nine Million, Naira).
DATED THIS…….12TH DAY OF
……..DECEMBER……. 2016.
………………………….
QUAM BEE
ESQ, JOQUAM & CO.
PLAINTIFF’S
SOLICITOR
No.1 LAW
SCHOOL DRIVE, VICTORIA,ISLAND.
Tel no:
0808572489
Email:
joquam&co@gmail.com
ADRESS FOR SERVICE:
THE DEFENDANT,
CHIEF JOSEPH LAMBE
NO. 1 LAMBE
CLOSE,IKOYI,LAGOS.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
ABUJA, IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………………………. PLAINTIFF
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
WITNESS STATEMENT ON OATH
I, Kelechi Mba, Adult, Female, Christian, a Secretary and
Nigeria Citizen of No. 2 Law School Drive, Victoria Island, Lagos do make oath
and states as follows:
1. I am the Secretary to the Plaintiff’s
company by virtue of which I am conversant with facts in this suit.
2. I have the authority of the Plaintiff
to make this statement on oath.
3. The Claimant entered into Contractual
agreement with Defendant on 1st June 2014.
4. The contract was evidenced in writing
in compliance and is hereby pleaded.
5. The Defendant wrote a letter
demanding purchase price or give up possession of the land without given any
stipulated time has to the payment of the balance on the same letter.
6. The Defendant wrote similar letter
and sent to him on 5th January 2015.
7. The Defendant on the 7th
January 2015, the seller wrote another letter terminating contract of sale and
demanding that the purchaser to vacate premises within 7days of service of the
letter.
8. The Plaintiff on the 8th
of January , 2015 paid the balance of the purchase price which was promptly
returned by the Defendant.
9. The Defendant refused to accept the
balance and decided to rescind the contract and as such as breached the
contractual agreement between parties.
10. The Plaintiff has suffered loss and
damages as a result of the facts stated above,
11. 
I make this statement conscientiously and in good faith
according to the Oath Act.
I make this statement conscientiously and in good faith
according to the Oath Act.
………........................
(
WITNESS)
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
ABUJA IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………………………PLAINTIFF
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
EVIDENCE TO RELY UPON
TAKE NOTICE that the Claimant shall, during
trial, rely on the following evidence:
a. Contract agreement between parties
be;
b. Letters of demand of money written by
the Defendant
c. Receipt of payment of the balance
paid up and all expenses incurred in the course of construction.
d. Written Statement of Oath.
DATED
THIS….12TH…..DAY OF…..2016
|
…………….
QUAMBEE ESQ,
JOQUAM CHAMBERS.
CLAIMANT’S
SOLICITOR
No.1LAW SCHOOLDRIVEVICTORIA,ISLAND
Phone: 0808572489
Email:joquam&co@gmail.com
FOR SERVICE ON:
THE DEFENDANT,
NO. 1 LAMBE
CLOSE,IKOYI,LAGOS.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
ABUJA IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. PLAINTIFF
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
WITNESS STATEMENT ON OATH
I, Kelechi Mba, Adult, Female, Christian, a Secretary and
Nigeria Citizen of No. 2 Law School Drive, Victoria Island, Lagos do make oath
and states as follows:
1. I am the Secretary to the Plaintiff’s
company by virtue of which I am conversant with facts in this suit.
2. I have the authority of the Plaintiff
to make this statement on oath.
3. The Claimant entered into Contractual
agreement with Defendant on 1st June 2014.
4. The contract was evidenced in writing
in compliance and is hereby pleaded.
5. The Defendant wrote a letter
demanding purchase price or give up possession of the land without given any
stipulated time has to the payment of the balance on the same letter.
6. The Defendant wrote similar letter
and sent to him on 5th January 2015.
7. The Defendant on the 7th
January 2015, the seller wrote another letter terminating contract of sale and
demanding that the purchaser to vacate premises within 7days of service of the
letter.
8. The Plaintiff on the 8th
of January, 2015 paid the balance of the purchase price which was promptly
returned by the Defendant.
9. The Defendant refused to accept the
balance and decided to rescind the contract and as such as breached the
contractual agreement between parties.
10. The Plaintiff has suffered loss and
damages as a result of the facts stated above,
11. I make this statement conscientiously and in good faith
according to the Oath Act.
I make this statement conscientiously and in good faith
according to the Oath Act.
………........................
(
WITNESS)
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
ABUJA IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. PLAINTIFF
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
PRE-ACTION COUNSELLING CERTIFICATE
I, Quam Bee, Legal
Practitioner of Joquam Chambers of No. 1 Law School Drive, Victoria Island,
Lagos, and counsel to the Plantiff, have gone through the facts of the case of
the said Plaintiff and on my honour have appropriately counseled him the
relative strength of his case or otherwise and should this turn out to be
frivolous, I am prepared to be liable according to the provision of the Rules
of this Court.
Dated this……12th day of
…..December…2016
…………………………………. ………………………………
QUAM BEE ESQ. ROYAL
ESTATE LTD
Legal Practitioner to the Plantiff PLANTIFF
TASK 3
By virtue of Order 3 Rule 5 of the High Court of Lagos State Civil Procedure Rule
2012
The best mode of
commencing this action as it relates to Interpretation and Construction of
clauses in 5, 6, 7 will be an Originating Summons, its faster in disposing of
matters which are not contentious on facts.
The accompany
processes to the Originating Summons will be as follows:
a.
An affidavit setting out the facts
relied upon
b.
All the exhibits to be relied upon
c.
A written address in support of the
application
d.
Pre action Protocol Form 1
See Order 8 Rule 2 High Court Civil
Procedure Rules 2012.
ORIGINATINGSUMMONS
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit
No…….
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
In the matter of Quam
Bee a Legal Practitioner ( Re Construction of clauses 5,6,7 in contract of sale
agreement).
Let Quam Bee of …No.1
Law School Drive, Victoria Island, Lagos attend the Court (or Chief Registrar
Office) High Court Lagos, on the ……..12th day of…December…2016 at
9’o clock in the forenoon (on the hearing of an application on the part of
..Construction of clauses 5,6,7 in contract of sale agreement. “And that the Respondent
do pay the costs of this application to be taxed”.
Date the ……12th Day
of…December..2016
This Summons was taken
out by …QUAM BEE….Legal Practitioner for the above-named Indorsement add of
address of Legal Practitioner to be made on the copy of the Summons or
forthwith after service.
Note:
It will not be
necessary for you to enter an appearance in the High Court Registry, but if you
do attend either in person or by Legal Practitioner, at the time and place
above mentioned (or at the time mentioned in the endorsement hereon), such
order will bemade and proceedings taken as Judge may think just and expedient.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL
DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
AFFIDAVIT IN SUPPORT OF THE FACTS RELIED UPON
I , Quam Bee, Male,
Muslim, Nigerian, Legal Practitioner of Joquam Chambers of No. 1 Law School
Drive, Victoria Island , Lagos State do make an oath and state as follows:
1. I am a Deponent herein
2. By virtue of my position, I am
familiar with the facts of this matter.
3. I have the prior authority and
consent of the Applicant to depose to this affidavit
4. ……………………………………………………………………………………………
5. ……………………………………………………………………………………………
6. I Swear to this affidavit in good
faith believing the contents to be true and correct and in accordance with the Oaths Act.
Dated this…12th day of…December..2016
………… DEPONENT
Before me
 |
………….………………………..
Commissioner For Oath
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN
ROYAL ESTATES LIMITED ………………..
CLAIMANT
AND
CHIEF JOSEPH LAMBE ……………………………….
DEFENDANT
EXHIBITS TO BE RELIED UPON
TAKE NOTICE that the Claimant shall rely on the
following exhibits:
a. Contract agreement between parties
be;
b. Letters of demand of money written by
the Defendant
c. Receipt of payment of the balance
paid up and all expenses incurred in the course of construction.
Dated this…12th day
of….December…2016
……………………
QUAM BEE
ESQ,
Joquam
Chambers
No.1 Law
School Driver,
Victoria
Island Lagos
For Service on:
The Respondent
c/o Their Legal
Practitioner
Mba Kels (Miss)
No.1 Abel Street,
Lagos.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE ……………………………….
DEFENDANT
WRITTEN ADDRESS
INTRODUCTION:
ISSUES FOR DETERMINATION:
The major issue for
determination is the Construction and Interpretation of clauses 5, 6 and 7 in the contractual
agreement between the Applicant and Respondent.
LEGAL ARGUMENT:
CONCLUSIONS:
Dated
this…12th day of….December…2016
……………………………
QUAM BEE ESQ,
NO.
1 LAW SCHOOL
DRIVE
SCHOOL,
VICTORIA
ISLAND,
LAGOS.
joquam@gmail.com
080857247789
FOR SERVICE ON:
The Respondent
c/o Their Legal
Practitioner
Mba Kels (Miss)
No.1 Abel Street,
Lagos
STATEMENT OF COMPLIANCE WITH PRE-ACTION PROTOCOL
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT
I Claimant’s Legal Practitioner make
oath as follows:
1. I have complied with the directions
of the Pre-action Protocol as set out in Order 1 Rule 1 (4) (ii) (e) of the
High Court Rules.
2. I have made attempts to have this
matter settled out of Court with the Respondent and such attempts were
unsuccessful, by calling the parties for a conference meeting at my chambers
discussing the matters in dispute, by which the outcome of the meeting is
evidence in writing and attached here with evidence.
3. I have by a Written Memorandum to the
Defendant set out our claims and option for settlement.
DATED AT
LAGOS THIS…12TH..DAY OF ….DECEMBER..2016.
Before me
|
……………………………………
COMISSIONER
FOR OATHS
TASK 4
Generally, In Lagos
the total Lifespan of a writ including any renewal granted is 12 months, after
which the writ goes on extinction.
By virtue of Order 6 Rule 6 of the Lagos Rules which
provides:
1. The life span of every Originating
Process shall be six (6) months.
2. If a Judge is satisfied that it
has proved impossible to serve an Originating Process on any Defendant within
its lifespan and a Claimant applies before its expiration for renewal of the
process, the Judge may renew the original or concurrent for three (3) months
from the date of Such renewal.
What is clear from the above provision Is that Writ can be
renewed upon application by the Claimant before its expiration, and as such we
are of the view that the best application in this instance will be by MOTION EXPARTE.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT/APPLICANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT/RESPODENT
MOTION EXPARTE
Pursuant To Order 6 Rule 6 (1) And (2) Of the High Court Of Lagos State
(Civil Procedure Rules) 2012 and Under the Inherent Jurisdiction of This Court
TAKE NOTICE that this honourable Court may be
moved on the …..14th day of….December..2015 at the hour of 9’o Clock
in the forenoon or so soon thereafter as counsel to the Applicant will be heard
praying this Honourable Court for the following :
1. AN ORDER RENEW OR EXTENDING THE LIFESPAN OF THE WRIT OF SUMMONS AND OTHER
ORIGINATING PROCESSES IN SUIT FOR 3 MONTHS.
2. AND FOR SUCH FURTHER OR OTHER ODERS as this Honourable Court may deem fit to grant in the
circumstances.
Dated this …7th day
of….December..2016.
 |
………… .…………………
QUAM BEE,ESQ
Counsel to the Clamiant/Applicant
No.1 Law School Drive, Victoria Island,
Lagos
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. CLAIMANT/APPLICANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT/RESPODENT
AFFIDAVIT IN SUPPORT OF MOTION EXPARTE
I, Ola Adeori, male
Christian, Nigerian Citizen, The Director of Royal Estate Limited having its
registered office at No. 2 Adeola Hopewell, Victoria Island,Lagos, do hereby
make an Oath and state as follows:
1. We are the Claimant/Applicant in this
suit by virtue of which I am conversant with this case.
2. The facts deposed to are facts which
came to my personal knowledge as the Claimant/Applicant in this suit.
3. The lifespan of the Writ of Summons
would elapse within the next 2 weeks.
4. The Defendant will not be prejudiced
if this application is granted.
5. I depose to this affidavit in good
faith believing the contents to be true and correct and in accordance with the
Oaths Act.
…………………
DEPONENT
Sworn at the High Court, Registry, Lagos
This ….7th day of…December 2016.
Before me
……………………………………
COMMISSIONER
FOR OATH
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. CLAIMANT/APPLICANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT/RESPODENT
WRITTEN ADDRESS IN SUPPORT OF
APPLICATION FOR RENEWAL WRIT
Introduction
This
application is brought pursuant to Order 6 Rule 6 (2) of the Rules of this
Honourable Court. The Claimant/Applicant by the said application seeks an order
of this Honourable Court for the renewal of the Lifespan of the Writ of Summons
in the suit.
Issue for Determination
Whether
the Claimant/Applicant is entitled to have her writ of Summons and other
Originating processes renewed.
Legal Argument
With
Regard to the singular issue raised above, it is submitted on behalf of the
Applicant that enough materials have been placed before this Honourable Court
to Persuade it to grant the relief sought by the Applicant, to wit, an order renewing
lifespan of the Writ of Summons herein for a period of 3 months (or for two
period of 3 months each).
Conclusion
We
therefore urge your Lordship, most humbly to grant this application and extend
the lifespan of the writ and other originating processes in the Suit for
Three(3) months.
Dated this…7th day
of..December..2016.
…………………………
QUAM
BEE ESQ,
Counsel
to the
Claimant/Applicant
No.1
Law School Drive,
Victoria
Island,Lagos.
Phone:08085724786
joquam@gmail.com
LIST OF AUTHORITIES
1.
E. Ltd v. C. Anor (1959) 2 All E.R
468
2.
Smalpage v. Tonge 17 Q.B.D 644
TASK 5
By virtue of Order 7 Rule 5 of the High Court (Civil
Procedure) Rule 2012
What is clear from the
above provision Is that where Personal service is not achievable upon application the Judge may
grant order for Substituted means, and as such we are of the view that the best
application in this instance will be by MOTION
EXPARTE FOR SUBSTITUED SERVICE.
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT/APPLICANT
AND
CHIEF JOSEPH LAMBE
………………………………. DEFENDANT/RESPODENT
MOTION EXPARTE
Brought Pursuant To Order 7 Rule 5(1)
of the High Court Rules (Civil Procedure Rules) 2012 and Under the Inherent
Jurisdiction of This Honourable Court.
Take Notice that this Honourable Court will be moved on the 9th
day of December 2012 at the hour of 9’o clock in the forenoon or so soon
thereafter as counsel may be heard on behalf of the Claimant/Applicant praying
the Court for the following orders:
1)
AN ORDER OF THIS HONOURABLE COURT
GRANTING THE CLAIMANT/APPLICANT LEAVE TO SERVE THE WRIT OF SUMMONS AND OTHER
PROCESSES BY SUBSTITUTED MEANS, to wit: by pasting same on the door post or at
a conspicuous place/wall of the Defendant’s premises No. 1 Lambe Close, Ikoyi ,
Lagos within jurisdiction of this Honourable Court.
2)
AND FOR SUCH FURTHER ORDERS THIS HONOURABLE
COURT MAY DEEM FIT MAKE IN THE CIRCUMSTANCES
Dated this…9th
Day of …December, 2016.
 |
………………………
QUAM BEE ESQ,
QUAM
BEE ESQ,
Counsel
to the
Claimant/Applicant
No.1
Law School Drive,
Victoria
Island,Lagos.
Phone:08085724786
joquam@gmail.com
IN THE HIGH COURT OF
LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT/APPLICANT
AND
CHIEF JOSEPH LAMBE………………………………. DEFENDANT/RESPODENT
AFFIDAVIT IN SUPPORT OF APPLICATION FOR LEAVE TO SERVE WRIT
OF SUMMONS AND OTHER PROCESSSES ON THE DEFENDANT BY MEANS OF SUBSTITUTED
SERVICE
I, Ola Adeori, male
Christian, Nigerian Citizen, and Baliff of the High Court of Lagos, Ikoyi
Division, No. 2 Adeola Hopewell, Victoria Island,Lagos, do hereby make an Oath
and state as follows:
1. That I am the Baliff of the High
Court of Lagos, Ikoyi Division a position which makes me conversant with the
facts of this case the facts deposed to herein are within my personal knowledge
on the 1Oth January, I was instructed by
the Registrar of this Honourable court to serve the defendant/respondent the
writ of summons filed by the claimant/applicant on the 9th of
January, 2016 attached and marked as Exhibit A.
2. That I, the same day ( 9th
of January) went to the address of the defendant listed in the writ but was not
able to effect personal service on the defendant.
3. That I, waited between the hours of
11am and 7pm at the address given without any sign of the defendant/respondent.
4. That upon enquiry from the security
guard as to the where about of the defendant, the latter could not provide any
cogent information.
5. That I returned the following day to
the same address and was told that the defendant/respondent was not around and
had not returned since he left the day before.
6. I depose to this affidavit in good
faith believing the contents to be true and correct and in accordance with the
Oaths Act.
…………………
DEPONENT
Sworn at the High Court, Registry, Lagos
This ….7th day of…December 2016.
Before me
……………………………………
COMMISSIONER
FOR OATH
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT/APPLICANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT/RESPODENT
WRITTEN ADDRESS IN SUPPORT OF
APPLICATION FOR RENEWAL WRIT
Introduction
This
application is brought pursuant to Order 6 Rule 6 (2) of the Rules of this
Honourable Court. The Claimant/Applicant by the said application seeks an order
of this Honourable Court for the renewal of the Lifespan of the Writ of Summons
in the suit.
Issue for Determination
The
sole issue for determination formulated by the Plantiff/Applicant is as follows
WHETHER OR NOT THE PLAINTIFF/APPLICANT IS ENTITLED TO THE RELIEF SOUGHT.
Legal Argument
There
is no doubt that the relief sought are one provided and contemplated by the rules of this Honourable
Court. The Orders upon which the application is brought empowers the court to
grant the reliefs sought.
We
rely on the celebrate case Mark v. Eke (2004) 5 NWLE (Pt 865) Pg. 54, at Paras.
E-G. We also rely on the case of Kida v Ogunmola (2006) 13 NWLR )(Pt. 947) Pg.
377 SC., Ratio 5.
Conclusion
Thus
we urge my Lord to grant our application for leave to serve originating
Processes on Defendant by pasting.
Dated this…7th day
of..December..2016.
…………………………
QUAM
BEE ESQ,
Counsel
to the
Claimant/Applicant
No.1
Law School Drive,
Victoria
Island,Lagos.
Phone:08085724786
joquam@gmail.com
LIST OF AUTHORITIES
1.
………..
2.
…………
TASK 6
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
CONDITIONAL APPEARANCE MEMORANDUM OF APPEARANCE
Please enter an
appearance for Chief Joseph Lambe ( Defendant) in this action.
Dated this…20th ..day of
..December 2016,
………………………
QUAM BEE ESQ,
QUAM
BEE ESQ,
Counsel
to the
Claimant
No.1
Law School Drive,
Victoria
Island,Lagos. Phone:08085724786
joquam@gmail.com
FOR SERVICE ON:
OLADELE BIYI ESQ,
OLADELE BIYI & CO.
DEFENDANT’S SOLICITOR
NO.1 BREAD FRUIT STREET,
LAGOS.
NB: IF THE DEFENDANT DID NOT SUBMIT HIMSELF TO JURISDICTION
OF THE COURT
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED
……………….. CLAIMANT
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
UNCONDITIONAL APPEARANCE MEMORANDUM OF APPEARANCE
Please enter an
appearance for Chief Joseph Lambe ( Defendant) in this action.
Dated this…20th ..day of
..December 2016,
………………………
QUAM BEE ESQ,
QUAM
BEE ESQ,
Counsel
to the
Claimant
No.1
Law School Drive,
Victoria
Island,Lagos. Phone:08085724786
joquam@gmail.com
FOR SERVICE ON:
OLADELE BIYI ESQ,
OLADELE BIYI & CO.
DEFENDANT’S SOLICITOR
NO.1 BREAD FRUIT STREET,
LAGOS.
NB: IF THE DEFENDANT HAS SUBMITTED HIMSELF TO JURISDICTION OF
THE COURT
IN THE HIGH COURT OF THE FEDERALCAPITAL TERRITORY,
ABUJA, IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. PLAINTIFF
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
CONDITIONAL
MEMORANDUM OF APPEARANCE
Please enter
appearance for Chief Joseph Lambe sued as Defendant in this action
Dated this…20th ..day of ..December 2016,
………………………
QUAM BEE ESQ,
QUAM
BEE ESQ,
Counsel
to the
Claimant
No.1
Law School Drive,
Victoria
Island,Lagos.
Phone:08085724786
joquam@gmail.com
FOR SERVICE ON:
OLADELE BIYI ESQ,
OLADELE BIYI & CO.
DEFENDANT’S SOLICITOR
NO.1 BREAD FRUIT STREET,
LAGOS.
NB:IF THE DEFENDANT DID NOT SUBMIT HIMSELF TO JURISDICTION OF
THE COURT
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
ABUJA, IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO:
BETWEEN
ROYAL ESTATES LIMITED ……………….. PLAINTIFF
AND
CHIEF JOSEPH LAMBE ………………………………. DEFENDANT
UNCONDITIONAL
MEMORANDUM OF APPEARANCE
Please enter
appearance for Chief Joseph Lambe sued as Defendant in this action
Dated this…20th ..day of ..December 2016,
………………………
QUAM BEE ESQ,
QUAM
BEE ESQ,
Counsel
to theClaimant
No.1
Law School Drive,
Victoria
Island,Lagos.
Phone:08085724786
joquam@gmail.com
FOR SERVICE ON:
OLADELE BIYI ESQ,
OLADELE BIYI & CO.
DEFENDANT’S SOLICITOR
NO.1 BREAD FRUIT STREET,
LAGOS.
NB: IF THE DEFENDANT HAS SUBMITTED HIMSELF TO JURISDICTION OF
THE COURT
TASK 7
7 (a) However, by virtue of Order 5 Rule 1 of High Court of Lagos
State (Civil Procedure) Rules 2012 which is to the effect that if in the
beginning or purporting to begin any proceeding, there is a failure to comply
with the requirements or the rules, by reason of anything done or left undone,
such failure will nullify the proceedings. However, where such action is
nullified by Order 5 Rule 1 it amounts to professional misconduct in
contravention of Rule 14 (5) Rules of Professional Conduct 2007 that provide:
“Negligence in handling of a client’s affairs may be such a nature as
to amount to professional misconduct”.
7 (b). Failure to give notice of proceedings to an opposing party
in the case where service of process is required is a fundamental omission
which renders such proceedings void because the court has no jurisdiction to
entertain the case. OLORUNYOMI V. AKHAGBA
Non service of court process
affects the jurisdiction of the court while improper service on the other hand
is a procedural defect that can be remedied. R.F.G LIMTED V.I or SKYE BANK PLC
(2013)4NWLR pt 1344, p25and as such it will amount to breach of Rule 14 (1) Rules of Professional Conduct
2007 that provides:
“its duty of lawyer to devote his attention, energy and expertise to
the service of his client and, subject to any rule of law, to act in a manner
consistent with the best interest of the client”
And, Also Rule 30 Rules of Professional Conduct 2007 that provides:
“ A lawyer is an officer of the Court and accordingly, he shall not do
any act or conduct himself in any manner that may obstruct, delay or adversely
affect the administration of justice”. Also Rule 16(1) Rules of Professional
Conduct 2007.
7 (c). A defendant who
delays in raising an objection to non-compliance with the rules will be deemed
to have waived his right to object.
See Ezomo v Oyakhire (1985)2 sc 260 court held:
“…………by contesting the case to the full on the merits, without earlier
taking preliminary objection before trial, the appellant must be deemed to have
waived whatever right he had”.
This can amount to a breach
Rule 14(5) Rules of Professional Conduct 2007 which provide:
“Negligence in handling of a client’s affair may be of such a nature as
to amount to professional misconduct”
Furthermore By virtue of Section 9(1),9(2)Legal Practitioners
Act that provides:
1.
“Subject to
other provisions of this section, a person shall not be immune from liability
for damage attributable to his negligence while acting in his capacity as a
legal practitioner, and any provisions purporting to exclude or limit
liability”
2. “ Nothing in subsection (1) of this section
shall be construed as preventing the exclusion or limitation of the liability
aforesaid in any case where a legal practitioners gives his services without
reward either by way of fees, disbursement or otherwise”
Exception 9(3) Legal Practitioners
Act. d
Lovely piece, however kindly revisit your mode of entering appearance.
ReplyDeleteIf it's an unconditional appearance on the part of the defendant (I.e he has no issue with the process or processes bringing him to court).
It should be titled "memorandum of appearance ", and embedded in its body "please enter an (unconditional) appearance for the defendant, sued as mr. Xyz.
However, if the defendant intends to challenge the process bringing him to court (I.e a defect in the processes) he has three options:
1. Enter a conditional appearance, stating the defects
2. Enter a conditional appearance, stating the defects and praying the court to strike out the matter, due to lack of jurisdiction (nkemdelim v madukolu)
3. Refuse to enter an appearance.
Where he intends to enter a conditional appearance, it shall be titled "memorandum of appearance " and embedded in this body "please enter a conditional appearance for the defendant, sued as mr. Xyz, as we intend to argue against (state the defects therein).