Civil
Litigation
Week
3 Lesson Plan
Topic: Overview, Introductory Matters and
Jurisdiction
Outcomes
At the end
of the lesson, students should be able to:
1
Discuss the scope of the Civil Litigation
course;
2
Discuss the different civil disputes
settlement mechanisms;
3
Identify and explain the sources of the law
of Civil Litigation and discuss the relevance of each source to Civil
Processes.
4
Explain and discuss the aims, scope and
application of rules of court.
5
Explain and discuss the meaning and scope of
the Civil Jurisdiction of the courts and how they apply in practice.
6
Identify the appropriate court to approach in
a given case or situation.
7
Identify the ethical issues relating to wrong
use of rules of court and wrong choice of court as well as consequential
sanction.
Contents:
1
Overview of the civil litigation course
2
Introduction to civil dispute resolution
mechanisms – litigation & ADR
3
Sources of law of civil litigation.
4
Courts with civil jurisdiction and
contextualising the problem of jurisdiction.
5
Ethical issues arising from improper use of
the rules of court and wrong choice of court
Activities:
1
Students are required to read the topics in
advance; read the constitutional provisions on jurisdiction and case studies 1
to 9 provided below.
2 Students are
also required to read some case law on the problem of jurisdiction generally
and jurisdiction between the High Court of Sates, Federal High Court and
National Industrial Court specifically. The cases should include the following: NEPA
v Edegbero [2002] 18 N.W.L.R. pt. 798, p. 79., Onuorah v K.R.P. C. Ltd
[2005] 6 N.W.L.R. pt. 921 p. 393; [2005] All FWLR Pt. 256, 1356; Grace
Jack v University of Agriculture Makurdi [2004] NWLR(Pt 865) 208; Tukur
v Government of Gongola State [1989] 4 NWLR (Pt117) 517; NDIC v Okem
Enterprises Ltd.[2004]10 NWLR (Pt880}107; Fashakin Food Nig Ltd. V Shosanya
(2006) 7 Supreme Court Monthly(SCM) 79; BPE v National Union of Electricity Employees (2010).
Tasks:
1.
Draw up a list and description of alternative
dispute resolution methods available to an aggrieved party in Nigeria. Set out
the advantages and disadvantages of each method.
2.
Draw up a list of the various sources of the
civil litigation law in Nigeria and briefly explain how each constitutes a
source of civil litigation law
3.
Write very brief legal opinion on the
appropriate courts before which each of the 9 case studies should be commenced.
Set out the composition, constitution and procedure for appointment of Judges to
and removal from each court.
4.
Draw up a list of the ethical issues arising
from
(a)
wrong use of the rules of court,
(b)
wrong choice of court, and
(c)
the consequential sanctions in (a) and (b)
above.
NOTE:
A: All groups are to prepare all the
tasks as members of any group may be called upon to make presentation on any of
the tasks in class.
B. Electronic copies of the prepared
tasks are to be submitted to the lecturers on line latest by 7 am and the hard
copy in class by 9 am on Tuesday, 17th November, 2015.
CASE
STUDIES
Case
Study 1:
In March, 2005, the
Plaintiff, Mrs. Kayuba Ada, entered into a contract in Lagos with Agricultural
Bank PLC to supply five hundred tons of Cashew nut worth N10,000,000:00 (Ten million Naira) only to the Bank for onward
exportation to Malaysia. The term of the contract is that down payment of N3,000,000:00 will be made before the
exportation and that the balance will be paid when the goods reaches its
destination. Subsequent to this, Mrs Ada received the sum of N3,000,000:00 and
supplied the goods to its destination in Malaysia. Since then, Agricultural
Bank has refused to pay Mrs Ada the balance sum despite letters of repeated
demands sent. However, on 1st June, 2011 Agricultural Bank wrote a letter to
Mrs Ada of its decision not to pay the balance because the goods supplied were
inferior to the standard requested for. Mrs Ada has now instructed you to
commence proceedings against Agricultural Bank claiming the balance of
N7,000,000:00, N4,000,000:00 special damages and N3,000,000:00 as general
damages.
Case
Study 2
On the 3rd of
October, 2013 Mr. Oke Madu entered into Diamond Super Market at No. 10 Ogui
Road, Enugu where he bought a bag of Semovita and paid at the counter. On his
way out, Mr. Okoro a Security man at the entrance gate of the super market
asked him for the receipt of purchase. He searched the pocket of his trousers
without finding the receipt, forgetting that it was in the breast pocket of his
shirt, where he actually kept it. While he was still searching for it, fighting
started as Okoro felt that Mr. Madu had no receipt for the purchase because he
was wasting his time and he shouted at Madu “You thief, you have stolen the
semovita to the hearing of one Chika, another customer of the super market. Chika
is a friend to Miss Ndidi who is Mr. Madu’s fiance. On returning home, Miss
Chika informed Miss Ndidi of the events that transpired at the super market. On
the basis of this information, Ndidi said she would no longer marry Mr. Madu. However,
Mr. Oke Madu saw the receipt on the breast pocket of his shirt and presented it
to Mr. Okoro. Nonetheless, Mr. Madu intends to file a suit for defamation of
character against Mr. Orji.
Case
Study 3
City links Transport
Company limited is thriving transport company with a fleet of buses. Mr.
Darlington Okoye (a.k.a. Osama) is one of the drivers of the company. On the
14th of February, 2013, Dr. Henry Obama, a Consultant Physician at the National
Hospital, Abuja, was travelling, form Lokoja to Abuja in his brand new Mercedes
Benz ML 340 jeep car with Registration Number ABJ 999 BWR, which he bought for
Eight Million Naira (N8,000.000. 00)
only. On getting to Gin Junction, near Gwagwalada, in the Federal Capital
Territory, Dr. Henry Obama who was then driving at a speed of 120 KM per hour
noticed a motor cycle rider attempting to cross the road and applied his break
to avoid hitting him. Immediately, Dr. Henry Obama was hit from behind by a bus
belonging to City Links Transport Company Limited and driven by Mr. Danlington
Okoye (a.k.a Osama). Dr. Henry Obama’s car was badly damaged as a result of the
accident. In fact, it was a write-off. Dr. Henry Obama also sustained serious
injuries and had to be rushed to the University of Abuja Teaching Hospital,
Gwagwalada, Abuja, where he received treatment and was discharged after one week.
The treatment, in all, cost him one Hundred Thousand Naira (N100,000.00) only, for which the hospital
issued him a bill and a receipt. Dr. Henry Obama has now instructed you to
commence an action for negligence against Mr. Darlington Okoye (a.k.a Osama) and
City Links Transport Company Limited claiming general damages to the tune of
Five Hundred Thousand Naira (N500,000.00)
only, and special damages of Eight
Million and One Hundred Thousand Naira (N8,100,000.00)
only for his damaged car and treatment.
Case
Study 4
On 1st April, 1992
Mr. Kunle Komolafe was employed as a medical doctor in the medical department
of First Atlantic Petroleum Company Nigeria Ltd, a subsidiary of Nigeria
Petroleum Corporation (NNPC). By the year 2004 he was elevated to the post of
General Manager, Medical Department. Upon his appointment and as part of his
total package he was given a 4 bedroom Duplex in the official quarters of his
employers at first Atlantic Petroleum Staff quarters, Lekki phase 1, Lagos as a
service tenant. His housing allowance was deducted at the beginning of each
year as rent for his occupation of property. On 28th February, 2010 his
appointment with First Atlantic petroleum Company Nig. Ltd. Was terminated with
immediate effect without any good reason or any just cause. A cheque for the
sum of N750,000.00 was enclosed as
payment for 3 months salary in lieu of notice, Also in the same letter, he was
asked to vacate his official quarters immediately. On that same day, some men
acting as agents of the company entered into the premises of Mr. Kunle Komolafe
threw out some of his properties in an attempt to forcefully eject him form the
property. Fortunately for Mr. Kunle Komolafe was able to resist all attempt
made to unlawfully & forcefully eject him. Presently, he still remains in
occupation of the property. Mr. Kunle Komolafe has instructed you to commence
an action to challenge the termination and attempted eviction.
Case
Study 5
Crown Kitchen Ltd
sued K & T Ltd at the Ikeja High Court Lagos seeking a declaration that the
contract between them and the partnership entered into by the parties was still
valid and subsisting. Crown Kitchen also sought an order of perpetual
injunction restraining K & T Ltd from converting 20 vehicles to its sole
use and sought an order directing a division of the vehicles among the parties.
Crown Kitchen Ltd also sought for payment of the sum of N2.17 million being
proceeds of a contract performed by the parties from March 2009 to December
2011. The agreement between the parties had been entered into in Ikeja,
although the actual performance of the contract was intended to be in Ikoyi,
Lagos where K & T had its offices. A clause in the contract Agreement
stipulated that the parties shall submit to conciliation before resorting to litigation.
Crown Kitchen Ltd heard that cases are dealt with faster at the magistrate
court because it is a court of summary jurisdiction. But Okonkwo & Co.,
their counsel filed an originating summons at the Ikeja High Court. On being
served with the originating summons, K & T entered a conditional appearance
and subsequently filed a preliminary objection contending that the Ikeja High
Court lacked jurisdiction because
Case
Study 6
Dr Vincent Brown was
the candidate of National Nigerian Party at the May 2014 rerun election for
Delta North Senatorial District, Delta State. Chief Ben Okagbue contested the
same election on the platform of Unity Congress Party. The Independent National
Electoral Commission declared Chief Okagbue as the winner of the election having
scored the highest number of votes cast in the constituency. Dr Brown is not
satisfied with the outcome of the election and has decided to challenge the
election of Chief Okagbue on the grounds of irregularity, indictment of Chief Okagbue
by the Economic and Financial Crimes Commission and previous conviction of
Chief Okagbue for offence of receiving stolen property by a High Court sitting
in Asaba in 2002.
Case
Study 7
Mr Kwesi Apiah is an
international Ghanaian trader who regularly carries goods to and from Nigeria.
He holds the ECOWAS passport with which he had been entering Nigeria since 2011
without any Visa. However, sometime in
February, 2014 and in view of the security challenges in Nigeria, the Nigerian
Government gave a directive to the Nigerian Immigration Service not to allow
any foreigner to enter Nigeria unless such a foreigner holds a valid Nigerian
Visa. On the 2nd of May, 2014, while Mr Kwesi Apiah was in Nigerian
on one of his regular trips, he was arrested by men of the Immigration Service
for being in Nigeria without a valid Visa. He has since remained in custody and
all his goods have been confiscated.
Case
Study 8
Mr. Smart Apanishile,
a mass communication graduate and a registered member of the Nigerian Union of
Journalists, was an employee of Newsline Limited (a media and communications
company) from 2003till 2013. While in employment he initiated the idea of
starting a magazine to publish reports on the maritime industry and was
subsequently appointed the Editor of PACIFIC WATCH Magazine, Published by
Newsline Limited. Under Smart’s leadership the magazine became a household name
in the maritime industry and a substantial source of income for Newsline
Limited. Mr Smart later rose to become a deputy director in the company. In January
2013, Mr Smart was invited for an interview for the post of Director but was
not given the post. Disappointed, Smart began to plan his exit. He registered a
company, Pacific Watch Limited in November 2013 with the sole object of media
and communication. He resigned from Newsline Ltd with effect from 1st
January, 2014. Pacific Watch Ltd started the publication of OCEAN TIDES
Magazine to cover events in both the Maritime & Oil and Gas industry. The
first publication of OCEAN TIDES was released in February 2014. Pacific Watch
Ltd is in the process of registering OCEAN TIDES at the Trade Mark Registry.
The Acknowledgment and Acceptance was received on March 1st, 2014. Meanwhile,
Newsline Ltd registered Pacific Watch Nigeria Limited with the Corporate Affairs
Commission on March 31st 2014. Pacific Watch Ltd intends to commence
proceedings to protect the infringement of its name against Pacific Watch
Nigeria Limited and Corporate Affairs Commission whilst Newsline intends to
commence proceedings for breach of contract in restraint of trade against
Pacific Watch Limited. Mr Smart’s contract of employment with Newsline Ltd
required that he should not engage in any trade similar to that of his
employer.
See SWEET CRUDE LTD v
SWEET CRUDE NIGERIA LTD & CAC suit
No FHC/L/CS/1457/13 reported in The Guardian, Wednesday, 23rd April,
2014 pg 29.
Case
Study 9
Chief Joseph Lambe is
the holder of the statutory right of occupancy in respect of the choice piece
of land at Lambe Close, Ikoyi, Lagos State by virtue of the Federal Certificate
of Occupancy No. FCO/111/2001 issued to him by the Minister of Lands and Urban
Development sometime in 2001. Royal Estates Limited, a real estate development
company, desirous of buying the property from Chief Lambe, entered into negotiation
with him. N250m was agreed as the purchase price. A contract of sale was
thereafter executed by both parties on 1st June 2013. Some of the
clauses in the agreement are as follows:
5. The purchaser shall pay to the seller the
sum of N25m being 10% of the purchase price as deposit before the execution of
this contract.
6. Upon the execution of this agreement, the
seller shall hand over possession of the land to the purchaser and the
purchaser shall be at liberty to commence construction work on the land immediately.
7. Balance of the agreed purchase price shall
be paid on or before 1st November 2013
After payment of the
deposit and execution of the contract of sale, the purchaser moved into
possession and started construction of a 10 storey residential apartments on
the land but did not pay balance of the purchase price as agreed. On the 1st
December, 2013, the seller wrote a letter to the purchaser demanding that the
purchaser pay the balance of purchase price or give up possession of the land.
A similar letter was written on the 5th of January, 2014. On the 7th
January 2014, the seller wrote another letter terminating the contract of sale
and demanding that the purchaser vacate the land within 7 days of service of
the letter. However, on the 8th of January, the purchaser paid the
balance of purchase price which was promptly returned by the sellers.
In addition to the N25m paid as deposit, the
purchaser has spent N75m on construction works on the land consisting of N15m
for building plans and approvals, N10 for quantity surveying and N50m for
piling. The projected annual income from the developed property is N60m. The
purchaser is therefore not happy and has now instructed you to commence
proceedings to ensure that the contract stands or adequate monetary compensation
is paid by the seller.
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