CIVIL LITIGATION - WEEK 7 - INTERLOCUTORY APPLICATIONS AND ORDERS

Flashcards on Civil Litigation - Interlocutory Applications and Orders

Interlocutory applications are __.

Applications made to the court while an action is pending.

Interlocutory can be defined as __.

Interim or temporary, not final.

Originating motion/application/processes are __.

Processes for commencement of action.

The parties in an interlocutory application are the __.

Applicant and Respondent.

Interlocutory Applications can be used __.

To remedy some defects in a pending suit.

An interlocutory application is required to be made either __.

In open court or to the Judge in chamber.

A __ is an application, usually in writing made to the court for an order in terms of the prayers sought in the application.

An application, usually in writing made to the court for an order in terms of the prayers sought in the application.

The types of motion are __.

Motion Ex-parte and Motion on Notice.

A Motion Ex-parte is __.

An application for an order of court without the notice of the other party to the suit.

Orders the Court may make after hearing Ex parte Application are __.

Grant the application, Refuse the application, Direct that the motion be served on the other party, Order that the party sought to be affected appear in court within a given time and show cause why the order should not be granted.

A __ is one which is served on the other party and asking him to appear in court on a named date for the hearing of same.

A motion on notice is one which is served on the other party and asking him to appear in court on a named date for the hearing of same.

Orders the Court may make after hearing Motion on Notice are __.

Grant the order as prayed, Grant an order less than what was prayed, Make an order striking out or dismissing the application.

An affidavit is __.

A written statement of facts made by the maker under oath.

__ is required to file a counter affidavit in opposition.

A party who intends to oppose an application is required to file a counter affidavit in opposition.

__ sees the need to oppose the facts deposed to in the counter affidavit, he is expected to file a further affidavit it.

If the applicant, upon being served with the counter affidavit, sees the need to oppose the facts deposed to in the counter affidavit, he is expected to file a further affidavit it.

Where there is a conflict in affidavits of parties the court has a duty to resolve the differences by __.

calling oral evidence.

Under the Abuja and Lagos rules, __ are to be accompanied by written address.

Interlocutory applications are to be accompanied by written address.

An injunction is a court order commanding an action, __.

abridge, prevent, or forbid an action.

There are two types of injunction: __.

Interim injunction and Interlocutory injunction.

__ is an ex parte order permitting the applicant to enter into the respondent premises to seize, detain and preserve goods or articles in possession of the respondent

Anton piller injunction

Types of interpleader __.

Sheriff interpleader and Stakeholder interpleader

The whole purpose for abuse of ex-parte injunctions is to __.

Ensure that the subject matter is not irreversibly altered before the motion on notice is heard.

Interlocutory applications are .

Applications made to the court while an action is pending.

Interlocutory can be defined as .

Interim or temporary, not final.

Originating motion/application/processes are .

Processes for commencement of action.

The parties in an interlocutory application are the .

Applicant and Respondent.

Interlocutory Applications can be used .

To remedy some defects in a pending suit.

An interlocutory application is required to be made either .

In open court or to the Judge in chamber.

A is an application, usually in writing made to the court for an order in terms of the prayers sought in the application.

An application, usually in writing made to the court for an order in terms of the prayers sought in the application.

The types of motion are .

Motion Ex-parte and Motion on Notice.

A Motion Ex-parte is .

An application for an order of court without the notice of the other party to the suit.

Orders the Court may make after hearing Ex parte Application are .

Grant the application, Refuse the application, Direct that the motion be served on the other party, Order that the party sought to be affected appear in court within a given time and show cause why the order should not be granted.

A is one which is served on the other party and asking him to appear in court on a named date for the hearing of same.

A motion on notice is one which is served on the other party and asking him to appear in court on a named date for the hearing of same.

Orders the Court may make after hearing Motion on Notice are .

Grant the order as prayed, Grant an order less than what was prayed, Make an order striking out or dismissing the application.

An affidavit is .

A written statement of facts made by the maker under oath.

is required to file a counter affidavit in opposition.

A party who intends to oppose an application is required to file a counter affidavit in opposition.

sees the need to oppose the facts deposed to in the counter affidavit, he is expected to file a further affidavit it.

If the applicant, upon being served with the counter affidavit, sees the need to oppose the facts deposed to in the counter affidavit, he is expected to file a further affidavit it.

Where there is a conflict in affidavits of parties the court has a duty to resolve the differences by .

calling oral evidence.

Under the Abuja and Lagos rules, are to be accompanied by written address.

Interlocutory applications are to be accompanied by written address.

An injunction is a court order commanding an action, .

abridge, prevent, or forbid an action.

There are two types of injunction: .

Interim injunction and Interlocutory injunction.

is an ex parte order permitting the applicant to enter into the respondent premises to seize, detain and preserve goods or articles in possession of the respondent

Anton piller injunction

Types of interpleader .

Sheriff interpleader and Stakeholder interpleader

The whole purpose for abuse of ex-parte injunctions is to .

Ensure that the subject matter is not irreversibly altered before the motion on notice is heard.

What is a court order?

A direction of a court or judge made or given in a cause or matter.

What is a Summary Judgment?

An order made at the early stages of proceedings for the summary determination of the issues between the parties where the party against whom the order is made has no real prospect of succeeding in the action or defence.

What order talks about Summary Judgement

Order 25 Rules 1-3 of the High Court of Lagos State.

What is an application for a summary judgement supported by?

An application for a summary judgment is usually supported by an affidavit stating that in the deponent's belief that there is no defence to the claim.

What are the courts options once it hears an application for a summary judgement

Dismiss the application, enter judgment for the claimant, or give directions as to the further conduct of the suit.

When should leave to defend be given in regards to a summary judgement hearing

When the defendant has disclosed a defence on the merit; he has disclosed facts which sufficiently indicate that he is entitled to defend; the defence is neither vexatious nor frivolous, there should be leave to defend.

What is Undefended List Procedure

This is where the parties agree for the case to be heard summarily.

What is the difference between Summary Judgement and Undefended List Procedure

Summary Judgement is order 25 of Lagos State, while Order 24 deals with undefended list cases.

What is Recovery of Premises

An action taken by a person ( applicant) who claims possessory right to property that is in the possession of another (defendant ).

What is Recovery of Premises Governed by

The recovery of premises act and/or law.

What section states the length of notice to be issued for a weekly tenant

Section 8 of Recovery of Premises Act.

How long is a notice to quit for a weekly tenant

Seven days notice.

How long is a notice to quit for a monthly tenant

One month notice.

How long is a notice to quit for a quarterly tenant

Three months notice.

How long is a notice to quit for a yearly tenant

Six months notice.

When is a Notice to Quit NOT Necessary?

When the terms of tenancy do not require service of a notice to quit, or where the tenancy has expired, or where the tenant is a trespasser on the land.

What is a Tenant Holding Over

A tenant holding over is a tenant who remains in possession after his tenancy has duly expired.

Tenant at Will

A tenant at will is one who is in possession by the consent of the owner but without a lease and whose possession may be determined by the owner at any time the owner desires.

When can a Landlord Apply to Recover Premises

Where a tenant has abandoned possession of the demised premises.

What rule defines an Originating Process

Order 1 Rule 2 of the High Court Rules of Lagos State.

What are the types of Originating Processes

Writ of Summons, originating summons, originating motion, and petition.

What is the Purpose of Pleadings

If the action is commenced by writ then there is usually pleadings which define the issues to be determined at the trial.

What is Pleadings

The filing and exchanging of pleadings between parties to define the issue in controversy between them.

What are the types of pleadings

Statement of claim, statement of defence, counter claim, reply, defence to counter claim.

What rule deals with close of pleadings

Order 26 Rule 1 High Court Rule of Lagos State.

When are pleadings deemed to be closed

Pleadings are deemed closed 14 days after service of the reply or defence to counter claim or if neither is served, 14 days after service of defence.

What should a Pleadings include

A pleading shall contain only a statement in a summary form of the material facts on which the party pleading relies for his claim or defence as the case may be.

The relief