Types of Summary Judgment Procedures and Liquidated Money Demand

Practice flashcards covering summary judgment procedures under Abuja and Lagos rules, definitions of liquidated money demand, and relevant judicial precedents.

Under which rule are summary judgments under the undefended list brought in Abuja?

Order $34$ Abuja.

Which specific orders govern summary judgments in Abuja and Lagos?

Order $35$ for Abuja and Order $13$ for Lagos.

Under which orders and rules is a summary judgment for accounts brought?

Order $25$ Abuja, Order $14$ Lagos, Order $43$ rule $1$ Lagos, and Order $30$ rule $1$ Abuja.

Which orders govern summary judgment for possession of land occupied by squatters or without owner's consent?

Order $36$ Abuja and Order $57$ Lagos.

What are the legal provisions for summary judgments upon admission made by an adverse party?

Order $19$ rule $1$ and $4$ Abuja, Order $21$ rule $1$ and $4$ Lagos, and Section $123$ of the Evidence Act.

What is the definition of liquidated damages or liquidated money demand?

Damages awarded by the court which are calculable and ascertainable by mathematical precision.

What are some examples of liquidated money demands provided in the lecture?

Money borrowed from the bank, debts, and special damages such as medical bills or damage to a car, vehicle, iPad, or phone.

If an interest percentage is defined, such as $20\%$ of $10,000,000$ naira, does it qualify as liquidated damage?

Yes, where the interest percentage is defined, it is considered liquidated damage or a liquidated money demand.

How did the Supreme Court define liquidated money demand in the case of Maja v. Samoris?

A debt or a specific sum of money, usually due or payable, whose amount must be already ascertained or capable of being ascertained as a mere matter of arithmetic without any further investigation.

How did the Court of Appeal define a debt in the case of Micmera International Agency Limited v. A Z Petroleum Products Limited?

A debt is a specific sum of money due by the agreement from one person to another.

What is the first factor for determining if a sum is a liquidated sum?

The sum must be arithmetically ascertainable without further investigation.

Regarding contracts, what must occur for a sum to be considered a liquidated sum?

The parties to the contract must have mutually and unequivocally agreed on a fixed amount payable upon breach.

According to the case of Micmera International Limited v. A to Z Petroleum Products Limited, when must the agreed fixed amount be known for it to be a liquidated sum?

The agreed and fixed amount must be known prior to the breach.