Contents and Hearing of Motions

Practice flashcards covering the drafting requirements, signature rules, venue, and procedural priority for court motions as discussed in the lecture.

What are the standard contents of a motion paper?

The heading of the court, the suit number, the parties (specifically applicant and respondent), the type of motion (ex parte or on notice), the order or rule of law under which it is brought, the notice itself ("Take notice that"), the order or relief sought, the date of application, the name and signature of counsel, and the address for service on the respondent.

According to the transcript, which specific orders establish the rule of law for motions in Lagos and Abuja?

Order $43$ Rule $1$ of Lagos and Order $30$ Rule $1$ of Abuja.

Which case is cited in relation to the order or rule of law under which a motion application is brought?

Falobi v. Falobi ($1979$).

What is the specific rule regarding the signature on a motion paper?

A signature on a motion paper cannot be signed by a law firm; it must be signed by a counsel.

Which $2007$ case is associated with the requirement that a counsel must sign the motion paper?

Okafor v. Nwenke ($2007$).

What is the requirement for the venue of hearing contentious applications?

Contentious applications must be heard in open court.

Where can non-contentious applications be heard?

They can be heard in either open court or in chambers.

What is the court's obligation once an application for a motion has been filed?

The court is duty bound to hear the application and make pronouncements on it, unless it is withdrawn.

Why was the judgment set aside in the case of Dandume LGC v. Yarrow ($2011$)?

The judgment was set aside on appeal because a motion for extension of time to file a defense was not heard before the judgment was delivered.

In what order are motions usually taken for hearing by the court?

The order of hearing is at the discretion of the court, but motions are usually taken in the order in which they were filed.

In the context of multiple pending motions, what are "constructive" and "destructive" motions?

A constructive motion is one that seeks to save the suit, while a destructive motion is one that seeks to terminate the suit.

Which type of motion takes priority when both a constructive and a destructive motion are pending?

The court will hear the constructive motion first.

Which cases provide the rule for the order of hearing constructive and destructive motions?

AG Federation v. AIC Limited and NULSA team associates v. NNPC.