CIVIL LITIGATION: WEEK 4 SCHEDULE AND TASKS

CIVIL    LITIGATION:   WEEK   4 SCHEDULE AND TASKS

Contents

1. Types of parties; Capacity to sue and be sued; Classes of legal persons; Representative actions and procedure;
2. Joint plaintiffs/Joint defendants;
3. Class actions;
4. Joinder/Misjoinder of parties; Alteration of parties; Survival of parties; Parties by intervention
5. Third party proceedings or notice.
6. Ethical issues involved in suing a party

Outcomes

At the end of the lesson, the students would be able to:

1        State the persons that can sue and be sued at law;

2        Name the appropriate parties in respect of any cause of action and discuss the capacity in which parties sue or are sued;

3        Explain the effects of suing or being sued in a wrong capacity;

4        Explain the procedures for bringing proceedings by or against various classes of parties and representative suits;

5        Explain the procedure for joinder, mis-joinder and alteration of parties;

6        Discuss the scope of class actions; and

7        Discuss the principles, scope and procedure of third party proceedings.

8        Draft the various applications in respect of parties to an action.

9        Identify ethical issues involved in suing a party either through incompetence or deliberately to annoy, embarrass, scandalise or oppress the party.

CASES AND RULES OF COURT TO READ

1.       GREEN V. GREEN  (1987) 3 NWLR (PT 61) 480

2.       BABAYEMI  V. ASHAMU (1998) 9 NWLR (PT. 567) 546

3.       ATANDA V. OLANREWAJU (1998) 4 NWLR (PT. 89) 394

4.       IYKE MED. MERCHANDISE V. PFIZER INC. (2001) 10 NWLR (PT 722) 540

5.       UDE V. NWANGWU (1995) 9 SCNJ 41

6.       OKECHUKWU AND SONS V. NDAH (1967) NMLR 366

7.       SHELL DEVELOPMENT CO. LTD V. OTOKO (1990) 6 NWLR  (PT. 159) 693

8.       OGOLO V. FUBARA  (2003) 11 NWLR (PT 831) 231

9.        UBN  V. EDIONSERI (1988) 2 NWLR (PT 74) 93

10.   OKONKWO V. MODE (NIG) LTD (2002) 14 NWLR (PT. 788) 588

11.   SUN INSURANCE OFFICE LTD V. OJEMUYIWA  (1965) NMLR 541

12.   UBA PLC V. CONTRACT RESOURCES NIG. LTD (2004) 5 NWLR (PT.867) 468

13.   BANK OF IRELAND V. UBN  (1998) 7 SCNJ 385

14.   OKAFOR V. ACB (1975) 5 SC 89

15.   HASSAN V. ATANYI (2002) 8 NWLR (PT 770) 581

RULES OF COURT

ORDER 13- HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2012

ORDER 10- HIGH COURT OF THE FEDERAL CAPITAL TERRITORY (CIVIL PROCEDURE) RULES 2004

 ACTIVITY BEFORE CLASS AND TASKS

Students are required to read the topic in advance of the lesson and the relevant cases and Rules of court. Students are also to prepare the under-listed tasks using the case studies given for Week 3 Lesson as stated below:-

1.      Using case study 3, Groups 1 & 6 are to draft an application to join ABC INSURANCE PLC as a third party.

2.      Using case study 6, Groups 2 & 7 are to draft an application by the Petitioner to join Unity Congress Party as 3^rd Respondent in the Petition.

3.      Groups 3 & 8 are to draft an application for leave to sue in a representative capacity in a case of declaration of title in respect of Odofin family land.  Alhaji Asamu Ola and Chief Dede Sanyaolu are the representatives of Odofin family. The defendant is Chief Mogaji Okechukwu.

4.      All students in the various groups are to draft the title portion of the Writ of Summons up to the names of the parties in each of the case studies 1 - 6.

5.      Peter Titus a 10 year nursery school pupil wants to commence an action against his School Early Learning School, Ikeja, Lagos which is incorporated under Part C of Companies and Allied Matters Act (CAMA) for damages for unlawfully expelling him from school after a fight.  Groups 4 & 9 are to draft the title portion of the Writ of summon indicating the heading of the court up to parties to the action.

6.      Doro Spencer is a donee of a power of Attorney given to him by Mr Simon Shark as his agent to manage his property. Doro Spencer wants to commence an action against Ms Fineface at the Lagos High Court, Igbosere, Lagos to recover the sum of N25m which she is owing as rent in respect of her tenancy in Mr Simon Shark’s property. Groups 5 & 10 are to draft the title portion of the Writ of Summons showing the heading of the court up to parties to the action.

7.      All students in the various groups  are to briefly discuss the following:–

(a)    Differences between third party procedure and joinder of parties; and

(b)   Differences between Class Action and Representative Action

(c)    The ethical issues in suing and joinder of the wrong parties in an action.

NOTE:

(i)                 Soft copies of the drafted processes are to be submitted to the lecturers online by 11 pm on Thursday, 1^st of December, 2016 and hard copies (in case files) must be submitted  in class before 9 am on Friday 2nd December, 2016.

(ii)               Every student must prepare all the above tasks even though some particular tasks have been assigned to different groups because any student may be called upon in class to make a presentation on any of the tasks.