Civil
Litigation
Week 3
Lesson Plan
Topic: Overview, Introductory Matters and
Jurisdiction
Outcomes
At the end of the
lesson, students should be able to:
1
Discuss
the scope of the Civil Litigation course;
2
Discuss
the different civil disputes settlement mechanisms;
3
Identify
and explain the sources of the law of Civil Litigation and discuss the
relevance of each source to Civil Processes.
4
Explain
and discuss the aims, scope and application of rules of court.
5
Explain
and discuss the meaning and scope of the Civil Jurisdiction of the courts and
how they apply in practice.
6
Identify
the appropriate court to approach in a given case or situation.
7
Identify
the ethical issues relating to wrong use of rules of court and wrong choice of
court as well as consequential sanction.
Contents:
1
Overview
of the civil litigation course
2
Introduction
to civil dispute resolution mechanisms – litigation & ADR
3
Sources
of law of civil litigation.
4
Courts
with civil jurisdiction and contextualising the problem of jurisdiction.
5
Ethical
issues arising from improper use of the rules of court and wrong choice of
court
Activities:
1
Students
are required to read the topics in advance; read the constitutional provisions
on jurisdiction and case studies 1 to 9 provided below.
2
Students
are also required to read some case law on the problem of jurisdiction
generally and jurisdiction between the High Court of Sates, Federal High Court and
National Industrial Court specifically. The cases should include the following: NEPA v Edegbero [2002] 18 N.W.L.R. pt. 798, p. 79., Onuoha v K.R.P. C. Ltd [2005] 6 N.W.L.R. pt. 921 p. 393; [2005]
All FWLR Pt. 256, 1356; Grace Jack v University of Agriculture Makurdi
[2004] NWLR(Pt 865) 208; Tukur v
Government of Gongola State [1989]4 NWLR(Pt117)517; NDIC v Okem
Enterprises Ltd.[2004]10 NWLR (Pt880}107; Fashakin Food Nig Ltd. V Shosanya
(2006) 7 Supreme Court Monthly(SCM) 79; BPE v National Union of Electricity Employees (2010).
Tasks:
1.
Draw
up a list and description of alternative dispute resolution methods available
to an aggrieved party in Nigeria. Set out the advantages and disadvantages of
each method.
2.
Draw
up a list of the various sources of the civil litigation law in Nigeria and
briefly explain how each constitutes a source of civil litigation law
3.
Write
very brief legal opinion on the appropriate courts before which each of the 9 case
studies should be commenced. Set out the composition, constitution and
procedure for appointment to and removal from each court.
4.
Draw
up a list of the ethical issues arising from
(a)
wrong
use of the rules of court,
(b)
wrong
choice of court, and
(c)
the
consequential sanctions in (a) and (b) above.
NOTE:
A: 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.
B. Electronic
copies of the prepared tasks are to be submitted to the lecturers on line
latest by 7 am and the hard copy in class by 9 am on Tuesday, 17th
November, 2015.
CASE STUDIES
Case Study 1:
In March, 2005, 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, 2011 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, N4,000,000:00 special
damages and N3,000,000:00 as general damages.
Case
Study 2
On the 3rd of October, 2013 Mr. Oke Madu
entered into Diamond Super Market at No. 10 Ogui Road, Enugu where he bought a
bag of Semovita and paid at the counter. On his way out, Mr. Okoro a Security
man at the entrance gate of the super market asked him for the receipt of purchase.
He searched the pocket of his trousers without finding the receipt, forgetting
that it was in the breast pocket of his shirt, where he actually kept it. While
he was still searching for it, fighting started as Okoro felt that Mr. Madu had
no receipt for the purchase because he was wasting his time and he shouted at
Madu “You thief, you have stolen the semovita to the hearing of one Chika,
another customer of the super market. Chika is a friend to Miss Ndidi who is
Mr. Madu’s fiance. On returning home, Miss Chika informed Miss Ndidi of the
events that transpired at the super market. On the basis of this information,
Ndidi said she would no longer marry Mr. Madu. However, Mr. Oke Madu saw the
receipt on the breast pocket of his shirt and presented it to Mr. Okoro.
Nonetheless, Mr. Madu intends to file a suit for defamation of character
against Mr. Orji.
Case
Study 3
City links Transport Company limited is
thriving transport company with a fleet of buses. Mr. Darlington Okoye (a.k.a.
Osama) is one of the drivers of the company. On the 14th of February, 2013, Dr.
Henry Obama, a Consultant Physician at the National Hospital, Abuja, was
travelling, form Lokoja to Abuja in his brand new Mercedes Benz ML 340 jeep car
with Registration Number ABJ 999 BWR, which he bought for Eight Million Naira (N8,000.000. 00) only. On getting to Gin
Junction, near Gwagwalada, in the Federal Capital Territory, 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 University of Abuja Teaching Hospital, Gwagwalada,
Abuja, 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 4
On 1st April, 1992 Mr. Kunle Komolafe was
employed as a medical doctor in the medical department of First Atlantic
Petroleum Company Nigeria Ltd, a subsidiary of Nigeria Petroleum Corporation
(NNPC). By the year 2004 he was elevated to the post of General Manager,
Medical Department. Upon his appointment and as part of his total package he
was given a 4 bedroom Duplex in the official quarters of his employers at first
Atlantic Petroleum Staff quarters, Lekki phase 1, Lagos as a service tenant.
His housing allowance was deducted at the beginning of each year as rent for
his occupation of property. On 28th February, 2010 his appointment with First
Atlantic petroleum Company Nig. Ltd. Was terminated with immediate effect
without any good reason or any just cause. A cheque for the sum of N750,000.00 was enclosed as payment for 3
months salary in lieu of notice, Also in the same letter, he was asked to
vacate his official quarters immediately. On that same day, some men acting as
agents of the company entered into the premises of Mr. Kunle Komolafe threw out
some of his properties in an attempt to forcefully eject him form the property.
Fortunately for Mr. Kunle Komolafe was able to resist all attempt made to
unlawfully & forcefully eject him. Presently, he still remains in
occupation of the property. Mr. Kunle Komolafe has instructed you to commence
an action to challenge the termination and attempted eviction.
Case
Study 5
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 2009 to December 2011. 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 because
Case
Study 6
Dr Vincent Brown was the candidate of National
Nigerian Party at the May 2014 rerun election for Delta North Senatorial
District, Delta State. Chief Ben Okagbue contested the same election on the platform
of Unity Congress Party. The Independent National Electoral Commission declared
Chief Okagbue as the winner of the election having scored the highest number of
votes cast in the constituency. Dr Brown is not satisfied with the outcome of
the election and has decided to challenge the election of Chief Okagbue on the grounds
of irregularity, indictment of Chief Okagbue by the Economic and Financial
Crimes Commission and previous conviction of Chief Okagbue for offence of receiving
stolen property by a High Court sitting in Asaba in 2002.
Case
Study 7
Mr Kwesi Apiah is an international Ghanaian
trader who regularly carries goods to and from Nigeria. He holds the ECOWAS
passport with which he had been entering Nigeria since 2011 without any
Visa. However, sometime in February,
2014 and in view of the security challenges in Nigeria, the Nigerian Government
gave a directive to the Nigerian Immigration Service not to allow any foreigner
to enter Nigeria unless such a foreigner holds a valid Nigerian Visa. On the 2nd
of May, 2014, while Mr Kwesi Apiah was in Nigerian on one of his regular trips,
he was arrested by men of the Immigration Service for being in Nigeria without
a valid Visa. He has since remained in custody and all his goods have been
confiscated.
Case
Study 8
Mr. Smart Apanishile, a mass communication
graduate and a registered member of the Nigerian Union of Journalists, was an
employee of Newsline Limited (a media and communications company) from 2003till
2013. While in employment he initiated the idea of starting a magazine to
publish reports on the maritime industry and was subsequently appointed the
Editor of PACIFIC WATCH Magazine, Published by Newsline Limited. Under Smart’s
leadership the magazine became a household name in the maritime industry and a
substantial source of income for Newsline Limited. Mr Smart later rose to
become a deputy director in the company. In January 2013, Mr Smart was invited
for an interview for the post of Director but was not given the post. Disappointed,
Smart began to plan his exit. He registered a company, Pacific Watch Limited in
November 2013 with the sole object of media and communication. He resigned from
Newsline Ltd with effect from 1st January, 2014. Pacific Watch Ltd
started the publication of OCEAN TIDES Magazine to cover events in both the
Maritime & Oil and Gas industry. The first publication of OCEAN TIDES was
released in February 2014. Pacific Watch Ltd is in the process of registering
OCEAN TIDES at the Trade Mark Registry. The Acknowledgment and Acceptance was
received on March 1st, 2014. Meanwhile, Newsline Ltd registered
Pacific Watch Nigeria Limited with the Corporate Affairs Commission on March 31st
2014. Pacific Watch Ltd intends to commence proceedings to protect the
infringement of its name against Pacific Watch Nigeria Limited and Corporate
Affairs Commission whilst Newsline intends to commence proceedings for breach
of contract in restraint of trade against Pacific Watch Limited. Mr Smart’s
contract of employment with Newsline Ltd required that he should not engage in
any trade similar to that of his employer.
See SWEET CRUDE LTD v SWEET CRUDE NIGERIA
LTD & CAC suit No FHC/L/CS/1457/13
reported in The Guardian, Wednesday, 23rd April, 2014 pg 29.
Case
Study 9
Chief Joseph Lambe is the holder of the
statutory right of occupancy in respect of the choice piece of land at Lambe
Close, Ikoyi, Lagos State by virtue of the Federal Certificate of Occupancy No.
FCO/111/2001 issued to him by the Minister of Lands and Urban Development
sometime in 2001. Royal Estates Limited, a real estate development company,
desirous of buying the property from Chief Lambe, entered into negotiation with
him. N250m was agreed as the purchase price. A contract of sale was thereafter
executed by both parties on 1st June 2013. Some of the clauses in
the agreement are as follows:
5. The purchaser shall pay to the seller the
sum of N25m being 10% of the purchase price as deposit before the execution of
this contract.
6. Upon the execution of this agreement, the
seller shall hand over possession of the land to the purchaser and the
purchaser shall be at liberty to commence construction work on the land
immediately.
7. Balance of the agreed purchase price shall
be paid on or before 1st November 2013
After payment of the deposit and execution of
the contract of sale, the purchaser moved into possession and started
construction of a 10 storey residential apartments on the land but did not pay
balance of the purchase price as agreed. On the 1st December, 2013,
the seller wrote a letter to the purchaser demanding that the purchaser pay the
balance of purchase price or give up possession of the land. A similar letter
was written on the 5th of January, 2014. On the 7th
January 2014, the seller wrote another letter terminating the contract of sale
and demanding that the purchaser vacate the land within 7 days of service of
the letter. However, on the 8th of January, the purchaser paid the
balance of purchase price which was promptly returned by the sellers.
In
addition to the N25m paid as deposit, the purchaser has spent N75m on
construction works on the land consisting of N15m for building plans and
approvals, N10 for quantity surveying and N50m for piling. The projected annual
income from the developed property is N60m. The purchaser is therefore not
happy and has now instructed you to commence proceedings to ensure that the
contract stands or adequate monetary compensation is paid by the seller.
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