CIVIL LITIGATION WEEK 5 LESSON PLAN

CIVIL LITIGATION WEEK 5 LESSON PLAN

Topic

Preliminary Consideration before Commencement of Action & Commencement of Actions in the Magistrate Court

Contents

1.      Preliminary consideration before commencing an action or defending an action viz:  limitation periods, pre-action notices/conditions precedent,  locus standi, the appropriate venue for an action, cause of action, exhaustion of available remedies and their effect on the jurisdiction of a court; litigation costs, availability of alternative dispute resolution method and pre-action counselling.

2.      Reflections on the lessons on a) interviewing and counselling skills/ethics b)letter writing/duty to client/accountability, cost and charges under Law in Practice

3.      Ethical issues involved in instituting frivolous actions, abuse of court process and failure to advice on ADR options

4.      Commencement of action in the Magistrate

Reading Materials

            Rules of Court

1.      Civil Procedure Rules of the High Courts of Lagos State and FCT Abuja;

2.      Civil Procedure/Litigation textbooks;

2. Evidence Act;

3. Magistrate Court Law of Lagos State;

4. Magistrates Courts Rules of Lagos State

5. Rules of Professional Conduct, 2007

Cases to examine

The students areexpected to be familiar with thefollowing relevant cases.

A-G Federation v A-G Abia state (2001)11 NWLR (pt. 725) 689; Ibrahim v Osim (1988) 3 NWLR (pt. 82) 257; Thomas v Olufosoye (1986) 1 NWLR (pt. 18) 669; Mobil Producing (Nig) Unltd v LASEPA (2002) 18 NWLR (pt. 798) 1; Katsina Local Authority v Makudawa (1971) 7 NSCC 119; Amadi v NNPC (2005) 10 NWLR (pt. 674) 76; Aribisala v Ogunyemi (2005) 6 NWLR (pt. 921) 212; Nicholas v Generak Manager Nigerian Railways Ltd (1938) 14 NLR 87; Iron Products Ltd v SAC (1992) 4 NWLR (pt. 238) 734 and Alao v Omoniyi (1966) NMLR 161

                                      

Outcomes

At the end of this lesson students would be able to:

1.      Discuss and explain the following that need to be considered before commencing or defending an action- limitation periods, pre-action notices/conditions precedent,  locus standi, the appropriate venue for an action, cause of action, exhaustion of available remedies and their effect on the jurisdiction of a court; litigation costs, availability of alternative dispute resolution method and pre-action counselling;

2.      Explain the relevance and relationship of the lessons in content 2 with outcome 1.

3.      Identify preliminary issues in given cases.

4.      Explain the general principles and procedure for commencing actions in the      Magistrate Court of Lagos State.

5.      Prepare a plaint and particulars of claim for filing in Magistrate Court of Lagos State.

Activities

1.      Students are required to read in advance the topics and Case Studies 1, 2, and 3 (as modified by tutors) and identify in writing the preliminary issues in the case studies.

2.      Ethical issues involved in a) instituting frivolous actions, b) abuse of court process and c) failure to advice on ADR options

3.      Prepare a plaint and particulars of claim for filing in the relevant Court using modified Case Study 1, 2, and 3 below.

     

TASKS

1.      Students are required to read in advance the topics.

2.      Draw up a list of preliminary issues to be considered before commencing the actions in any given case.

3.      Prepare a Writ/plaint and claim/particulars of claim for filing in the relevant Courts using case studies below.

4.      Identify preliminary issue/s you will consider in each case study

5.      Draw up a list of ethical issues involved in

a)                  Instituting frivolous actions

b)                  Abuse of court process

c)                  Failure to advice on ADR

6.      Prepare for all the tasks as members of any group could be called to make presentation on any of the tasks.

NOTE:

All groups are to prepare all the tasks as members of any group may be called upon to make presentation on any of the tasks in class.

Electronic copies of the prepared tasks are to be submitted to the Lecturers on line latest by 10 pm on Monday, 15th December, 2014 whilst the hard copies must be submitted to the Lecturers in class by 9 am on Tuesday the 16th December, 2014.

Case Study 1:

In March, 2004, the Plaintiff, Mrs. Kayuba Ada, entered into a contract in Lagos with Agricultural Bank PLC to supply five hundred tons of Cashew nut worth N10,000,000:00 (Ten million Naira) only to the Bank for onward exportation to Malaysia. The term of the contract is that down payment of N3,000,000:00 will be made before the exportation and that the balance will be paid when the goods reaches its destination. Subsequent to this, Mrs Ada received the sum of N3,000,000:00 and supplied the goods to its destination in Malaysia.

Since then, Agricultural Bank has refused to pay Mrs Ada the balance sum despite letters of repeated demands sent. However, on 1st June, 2008 Agricultural Bank wrote a letter to Mrs Ada of its decision not to pay the balance because the goods supplied were inferior to the standard requested for. Mrs Ada has now instructed you to commence proceedings against Agricultural Bank claiming the balance of N7,000,000:00, N2,000,000:00 special damages and N700,000:00 as general damages.

Case Study 2

City links Transport Company limited is a thriving transport company with a fleet of buses and has its registered office at No. 1 Oniru Road, Suru-Lere Area, Lagos. Mr. Darlington Okoye (a.k.a. Osama) is one of the drivers of the company. On the 14th of February, 2005, Dr. Henry Obama, a Consultant Physician at the Gnenral Hospital Hospital, Ikeja, was travelling, form Ikoyi to Ikeja in his brand new Mercedes Benz ML 340 jeep car with Registration Number ABJ 999 IKJ, which he bought for Eight Million Naira (N8,000.000. 00) only. On getting to Yaba Junction of the Third-Mainland Bridge, Dr. Henry Obama who was then driving at a speed of 120 KM per hour noticed a motor cycle rider attempting to cross the road and applied his break to avoid hitting him. Immediately, Dr. Henry Obama was hit from behind by a bus belonging to City Links Transport Company Limited and driven by Mr. Danlington Okoye (a.k.a Osama).

Dr. Henry Obama’s car was badly damaged as a result of the accident. In fact, it was a write-off. Dr. Henry Obama also sustained serious injuries and had to be rushed to the Lagos State University Teaching Hospital, (LUTH), Idi-Araba, Lagos, where he received treatment and was discharged after one week. The treatment, in all, cost him one Hundred Thousand Naira (N100,000.00) only, for which the hospital issued him a bill and a receipt.

Dr. Henry Obama has now instructed you to commence an action for negligence against Mr. Darlington Okoye (a.k.a Osama) and City Links Transport Company Limited claiming general damages to the tune of Five Hundred Thousand Naira (N500,000.00) only, and  special damages of Eight Million and One Hundred Thousand Naira (N8,100,000.00) only for his damaged car and treatment.

Case Study 3

Crown Kitchen Ltd sued K & T Ltd at the Ikeja High Court Lagos seeking a declaration that the contract between them and the partnership entered into by the parties was still valid and subsisting. Crown Kitchen also sought an order of perpetual injunction restraining K & T Ltd from converting 20 vehicles to its sole use and sought an order directing a division of the vehicles among the parties.

Crown Kitchen Ltd also sought for payment of the sum of N2.17 million being proceeds of a contract performed by the parties from March 1995 to December 1997. The agreement between the parties had been entered into in Ikeja, although the actual performance of the contract was intended to be in Ikoyi, Lagos where K & T had its offices. A clause in the contract Agreement stipulated that the parties shall submit to conciliation before resorting to litigation.

Crown Kitchen Ltd heard that cases are dealt with faster at the magistrate court because it is a court of summary jurisdiction. But Okonkwo & Co., their counsel filed an originating summons at the Ikeja High Court. On being served with the originating summons, K & T entered a conditional appearance and subsequently filed a preliminary objection contending that the Ikeja High Court lacked jurisdiction.