Moving Motions In Nigerian Courts

HOW TO MOVE MOTIONS IN COURT

Processes on a daily are being filed in court to enable the court carefully analyze the true position of matters before it and doing justice in the determination of the suit before it. Motions are documents in court praying the court for certain prayers/orders on a particular issue(s) before it, which can range from order(s) for major injunctions etc. There are basically two parties to a motion which are the Applicant (s) and the Respondents (s)
In practice, there are two types of motions to which can be moved before any court of law in Nigeria which are;

1. Motion Exparte
2. Motion on Notice

MOTION EXPARTE
A motion exparte is an application before a court to which only the part who filed such process is entitled to be heard(Applicant); it is an unchallenged document to which only the court and the party who served same can hear same. Though most motion exparte’s are to be moved in open court, some courts prefer to hear same in chamber as there would be no room for a Respondent to file counter affidavit to challenge the prayers contained in the motion and subjected to the courts discretion to hear same and grant the said prayers in the affidavit. A motion exparte is an application of urgency especially when such res (subject matter) is in fear or danger.

MOTION ON NOTICE
A motion on notice is an application made by an Applicant ( either written or oral) to which the other party known as the Respondent in the suit is notified of such process via service. This gives the Respondent an opportunity to challenge such process (application) served on him ( brought to his notice) through a “counter affidavit”. Upon receipt of the counter affidavit, the applicant will file a “reply” if new issues are being raised in the counter affidavit to the motion on notice.
Where no counter affidavit has been filed nor served on the Applicant , the Respondent is said to have waived his right and is deemed to have admitted to the facts supporting the motion. Unless the Respondent applies to the court for a leave to do the needful with sufficient grounds as to why such counter was not filed on time as prescribed by law. At this point it is the courts discretion to grant the said motion for extension of time to file such process out of time.

MOVING A MOTION IN COURT
A motion is an application meant to be moved/adopted in court, unless the reliefs/ prayers/orders being sought is overtaken by events, in this case withdrawal of such application would be the best option. A motion exparte can be moved by adopting the written application proper or since it’s not being opposed, be moved in terms.
When a lawyers case is called, the first thing to do after announcing appearance in court is for the Applicant Counsel to first introduce the motion, this is done by notifying the court that an application was filed on a certain date and when such process was served on the Respondent. The court will then confirm such service on the respondent
Example: May it please this Honorable court, my name is J.J. Kuturu, my appearance is for the Plaintiff/Applicant(the other counsel will then introduce himself to the court too). Before this Honourable court, my lord is a motion on notice/application dated and filed 21/03/2020, party(s) have been served and the motion is ripe for hearing, we are ready to proceed with same subject to the courts overriding convenience (The court will then confirm service, and if respondent is opposing to the application, if such is being opposed the court the applicant the applicant then goes ahead to move the application thus) The applicant prays the court for the following others 1…..2….. also my lord, the motion is supported by an affidavit deposed to by one ChinChin Dogo, it is a 7 paragraph affidavit (if there are exhibits/annextures, applicant will then notify the court about the attachments) there are also annextures to the affidavit marked as Exhibits A1 and A2 respectively, we most humbly rely on all the averments in the said affidavit and urge this court to grant same, also my lord, we have filed our written address to the application and most humbly adopt same as our oral argument to our application and urge my lord to grant same (if the Respondent have served the counter on the Applicant, you then go ahead to notify the court about it) My lord, we have also been served with a copy of the counter affidavit by the Respondent to our application dated ……………and we have also filed our reply dated…………to the counter affidavit and urge my lord to discountenance the counter affidavit and grant our application. The court will then give audience to the Respondent to adopt his counter affidavit and the court will go ahead to either deliver a bench ruling or adjourn the matter for ruling proper.

MOVING IN TERMS
Moving in terms is usually an oral application made by an Applicant to the court, especially if such application is not being opposed, be it a motion exparte or a motion on notice. It is an oral application for the leave of court to allow Applicant to summarily adopt the application, when making such application, all that is need is to first introduce the motion as above and then the court will ask is same motion has been served and confirm the service of the process on the respondent who then notifies the court that he is not opposing the said application, giving room for the application to be moved in terms, unless the court refuse the grant of such leave to move in terms. all that is needed to be said after the leave to move in terms have been granted by the court is to say
“i most humbly move in terms of the prayers as contained on the face of the motion paper and urge this Honourable court to grant this application”
the court will then go ahead to give a bench ruling as to the application.
In the case of SAVANNAH BANK OF NIGERIA PLC V. JATAU KYENTU (1998) 2 NWLR (Pt. 536) 41 at 55 the court held that :
The court cannot be expected to rule on a motion that was not moved. it is safe to assume that as the motion was not moved, counsel who filed it had abandoned it.