Motion on Notice Procedures and Rules

Flashcards covering the definition, procedural timelines for Abuja and Lagos, and types of applications related to a motion on notice.

What is a motion on notice?

An application for an order which is served on the other party asking them to appear in court on a named date for the hearing of the application.

How does the service of a motion on notice differ from an originating process?

Personal service of a motion is not required, unlike for an originating process.

According to Order 30 Rule 6 Abuja, what is the required timeframe between the date of service and the hearing?

There shall be at least two clear days between the date of service and the hearing, except by leave of court to the contrary.

In Abuja, within how many days must a respondent file a counter affidavit according to Order 30 Rule 1?

Within seven days.

In Abuja, how many days does an applicant have to file a reply to a counter affidavit under Order 30 Rule 1(4)?

Five days.

In Lagos, within how many days must every motion be served after filing according to Order 43 Rule 1(2B)?

Within five days of filing.

In Lagos, what is the timeframe for a respondent to file a counter affidavit according to Order 43 Rule 1(3)?

Seven days.

In Lagos, how many days does the applicant have to file a reply to a counter affidavit under Order 43 Rule 1(4)?

Seven days.

What are five examples of applications that can be made by motion on notice?

1. Application for joinder of parties 2. Application for interlocutory injunction 3. Application for amendments of pleadings 4. Application for striking out of pleadings 5. Application for stay of execution.

What are the three possible orders a court may make after hearing a motion on notice?

1. Grant the order as prayed 2. Grant an order less than what was prayed 3. Make an order striking out or dismissing the application.

What is the limitation on the court regarding the scope of orders it can grant?

The court cannot make an order over and above what has been prayed for or sought (the court is not a 'Father Christmas').