Ethical Issues in Interlocutory Applications

This set of flashcards covers ethical issues, specifically the abuse of ex parte injunctions, relevant case law, and the Rules of Professional Conduct (RPC) 2023 regarding interlocutory applications.

What is the primary purpose of an interlocutory application?

To ensure that the subject matter (the res) is not irreversibly altered before the motion on notice is heard.

In National Bank of Nigeria v. Yinka Communication International Entertainment Limited, how was the ex parte injunction process abused?

The applicant sought an ex parte injunction in one state after a court in another state had already refused it, failing to disclose the previous application.

What unethical tactic was used by the defendant's counsel in the case of PANAF Investment Limited versus Temple and Golders Limited?

After the claimant obtained and served an interim injunction, the defendant's counsel filed a similar suit to obtain a counter ex parte injunction against the claimant on the same subject matter.

How did the judge in Morgan Airlines Limited versus Transnet Limited and others abuse the ex parte application process?

The judge adjourned the hearing of an urgent ex parte application for two weeks, and later adjourned the ruling for another week, causing the urgent matter to potentially go to waste.

According to Rule 32 of the RPC 2023, what must be avoided during an ex parte application?

The suppression of facts; all necessary facts must be voiced out or established for the case to be heard properly.

Why should a counsel avoid deposing to an affidavit on behalf of a client?

In the event of a conflict, the counsel would be required to enter the witness box for cross-examination, which is inappropriate for a counsel serving in that case.

Which 2008 case addresses the issue of counsel deposing to an affidavit for a client?

Ukpabio versus Nigerian Films and Census Board (2008).

According to Rule 32 of the RPC 2023, what is a lawyer's duty regarding the truthfulness of affidavits?

A counsel must not rely on any affidavit which he knows to contain false or misrepresented facts.

Under Rule 30(5) of the RPC 2023, what behavior regarding the filing of motions is prohibited?

The late filing of motions and counter-affidavits with a view to delay proceedings or tarnish the case.

What are the requirements for a lawyer's conduct toward the court and opposing lawyers under Rules 30 and 27 of the RPC 2023?

A lawyer shall deal fairly and candidly with the court (Rule 30) and shall not take undue advantage of opposing lawyers (Rule 27).