Motion Ex Parte Procedures and Principles

Practice flashcards covering the definition, legal circumstances, cases, examples, and court rules regarding Motion Ex Parte applications.

What is the definition of a Motion Ex Parte?

An application for an order of court without the notice of the other parties in the suit.

Can a party to be affected respond to a Motion Ex Parte in court?

No, even where the party to be affected is in court, he cannot respond to the same.

Which case laws are cited regarding the definition of a Motion Ex Parte?

7UP bottling company against Abisola and Sons Ltd 1995 and Gombe against PW Nigeria Limited.

In what two circumstances are ex parte applications normally permitted?

1. Where time is of the essence and 2. where from the nature of the application, the interest of the adverse party will not be affected negatively.

Which case is associated with the two circumstances permitting ex parte applications?

LEEDO Presidential Mortel Limited versus Bank of North Limited, 1998.

What is the specific requirement for an ex parte application for an injunction?

No application for an injunction can be made ex parte except the applicant files with his motion a motion on notice.

According to the lecture, which court rules govern filing an injunction ex parte with a motion on notice?

Order 30 rule 3 sub 1, Abuja and order 43 rule 3 sub 2, Lagos.

What are the examples of applications that can be made by motion ex parte?

Leave to bring a suit in a representative capacity, substituted service, interim injunction, renewal of a writ, garnishee order NISI, Anton Pillar injunction, and Mariva injunction.

What four orders may a court make after hearing an ex parte application?

1. Grant the application; 2. Refuse the application; 3. Direct that the motion be served to the other party; 4. Order the party sought to be affected to appear in court within a given time and show cause why the order should not be granted.

Which court rules relate to the four possible orders a court may make after an ex parte hearing?

Order 30, Rule 7 (Abuja) and Order 43, Rule 5 (Lagos).

What is the lifespan of an ex parte order in Lagos and Abuja?

It shall abate after seven days.

Which specific rules define the seven-day abatement of an ex parte order in Lagos and Abuja?

Order 43, rule 3 sub 3, Lagos and order 30, rule 3 sub 2, Abuja.

What is the limit for a judge extending an ex parte order?

The judge has the power to extend where necessary, but such extension shall not exceed seven days.

Which rules provide the judge the power to extend an ex parte order by a maximum of seven days?

Order 43, rule 3 sub 4, Lagos and order 30, rule 3 sub 3, Abuja.