Author Archives: Timmyspeakslaw

“Police is your friend.” Some will agree, and some will not. It is no longer strange to hear about how people are being constantly harassed daily by the police authorities. Questions come to mind asking whether or not the police can search or arrest anyone on mere suspicion, and after such arrest, or search, what are the options available to the common man. This article would help to answer questions related to these questions and how best to go about police harassment .

WHAT IS AN ARREST?
Arrest is the apprehension of someone or the act of seizing someone with authority by law; to take such person into legal custody over suspicion of an offence. Generally, a warrant of arrest is needed to carry out arrest, but there are exceptions or situations where such warrant of arrest could be waived as of the time of arrest especially when there is a reasonable cause to act immediately by whoever is carrying out such arrest. AGBINONE &ORS(2019) LPELR-46431(CA)

WHO CAN CARRY OUT ARREST?
A judicial officer, police officer, or private person can carry out arrest in Nigeria. Yes, a private person can carry out an arrest and take such person to the responsible authority. So instead of jungle justice next time on apprehending someone who just committed an offence, why not arrest and take such offender, and take the person to the station and avoid being charged with a criminal liability. Arrest could be carried out before, during, or after the commission of an offence UKIRI V EFCC (2018) LPELR-43992(SC)

WHAT ARE THE MODES OF ARREST?
Anyone carrying out arrest must touch or confine the body of the suspect. Unless that person willingly submits by words or action to go to the station. Yes, a mere touch can serve as an arrest. The police, especially with an arrest warrant, must duly notify the person of the reason for the arrest. The law has provided that there should be no use of handcuffs during arrest, surprising, right? As we know how the police act when they come for arrest in our neighbourhood. However, the police can use such handcuffs for stubborn persons who may want to escape or for the safety of the person. A suspect can be arrested any day or anywhere and at any time except during court sessions or in a legislative sitting. TONY MOMMOH V THE SENATE HOUSE OF ASSMEBLY &ORS(1983)

WOULD POLICE ARREST ME IF THEY INVITE ME TO THE STATION FOR QUESTIONING AS A WITNESS?
A lot of people refuse to go to the station for fear of arrest when being invited/ summoned for questioning by the police. When you are invited by the police for questioning, it does not mean you will be arrested. However , it depends on what you tell them, as you may end up being a suspect yourself. So when you are invited to the police station, it is safer to go with a lawyer or ask a lawyer how best to answer questions to avoid unnecessary issues.

WHAT SHOULD I DO IF I GET ARRESTED WRONGFULLY?
It is common in Nigeria that a lot of persons rights are frequently infringed upon by the police authority, and at the end of the day, a “sorry” is said to quench the fire. However, if a person is being harassed by the police, do not fight back. Seek the expertise of a lawyer to help, especially if one can get the name of the police personnel involved in such an act. It is mostly advisable not to go around doing videos of the personnel as this may trigger issues or even cause the death of the person, and it will all go down to a case of “accidental discharge”. Involve a lawyer!.

WHAT IS SEARCHES?
This is the act of trying to secure material evidence by an authority on suspicion and to help such evidence to be obtained and not destroyed. The police can conduct a search on a person or property or both. Just like arrest, in most cases, a search warrant is to be issued by a superior authority, especially on search of properties, which sometimes goes hand in hand with an arrest warrant. Once such a search warrant is endorsed, it remains in force unless such has been executed or cancelled by the authority that issued it.

CAN MY HOUSE BE SEARCHED AT ANYTIME?
NO. A search warrant is meant to be carried out within the hours of 5a.m. to 8pm. and on anyday. However, the issuing authority can endorse it to be at any time, depending on the necessity of such search. The police officer has the right to retrieve any incriminating evidence not mentioned in a search warrant. MUSA SADUA V THE STATE

WHAT SHOULD I DO WHEN A POLICE OFFICER WANTS TO SEARCH MY HOUSE?
It is very important to first ask for a search warrant to be shown to you before such search can be done in your house, car or other properties, although sometimes , an officer can carry out such search without a warrant, and obtain same after the search is conducted. It is also very important that the police officer conducting the search must also be searched before he enters into the premises. This search must also be conducted in the presence of at least two adult witnesses. And if it is a muslim, women in seclusion must be evacuated before the search. SUNDAY JOHN V THE STATE (2003) LPELR-20536(CA)

CAN A MALE OFFICER SEARCH A FEMALE SUSPECT?
NO. A male officer is not to conduct a search on a lady. A female officer should do that. Or persons of same sex are to conduct search on each other and not the other way round However, where and when it is impossible to secure thesame sex to carry out a search and due to its urgency, the opposite sex can conduct such search. Such search must be done with utmost dignity and not to infringe on the rights of the person being searched. It should be modest unless the person is refusing such search to which the police has the power to use force in such instances.

WHAT SHOULD I DO WHEN MY PROPERTY IS ILLEGALLY SEIZED?
When a person’s property is illegally retrieved or seized during a search, one can apply to the police division for the release of such items. It is, however, advisable to engage the expertise of a lawyer for the application to be made. It is no news how most people’s properties are being unaccounted for even after seizure. Such application made would make such an officer who carried out the search and seizure to either return the property or pay for its worth.

All being said, the police are still your friend. Feel free to comment and ask more questions
Thank you

LANDLORD AND TENANTS FREQUENTLY ASKED QUESTIONS
BY T.K.GONTUL ESQ, S.F MOLWUS ESQ, O.P. OLORUNYOMI ESQ, N, DESHI ESQ, A.F. SALIFU, A.O.B AZI & A.S MUHAMMAD.
The Landlord/Tenant relation is arguably one of the most strained legal relationship under the Nigerian Legal system. This is due to lack of proper understanding between both parties on their rights and duties in a tenancy relationship as required by applicable regulatory laws. The lower courts are replete with tenancy cases created under Common law principles. However, most of these cases would not ordinarily have arisen where both parties have a clear understanding of their positions in the tenancy relationship avoiding unnecessary “palava”. This articles shall address everyday concerns as it relates to the issue of tenancy, particularly contractual tenancy under the English Law applicable in Nigeria. Some questions that need concern about tenancy relationship are discussed below.

WHAT IS A TENANCY AGREEMENT?
A tenancy agreement is a document which contains the terms and agreement between a landlord(the supposed owner of the property) and the tenant(the interested party to the property, of which a consideration fee is paid to the landlord to secure the property for whatever purposes as deem fit in the agreement by both parties. The landlord can appoint an agent via a power of attorney to help lease out the property with the supposed tenant (Dickson & Anor V. Assamudo(2013) LPELR-20416(CA) (PP. 30 PARAS. E)

WHO DRAFTS A TENANCY AGREEMENT?
Supposedly, the landlord and the intending tenant are supposed to have a lawyer to draft the agreement of the terms of tenancy. However, the agreement will still be valid if both parties draft the terms of agreement themselves without involving the expertise of a lawyer. It is advisable that both parties should have the copy of the agreement after such has been drafted and signed by them. Oral agreement by parties is not the best (Maram & Anor V. Bokkos Local Govt Council(2022) LPELR-58274(CA))

WHAT SHOULD A RENT AGREEMENT CONTAIN?
it is very important the rent agreement should contain the following details; the name of parties, where the property is situate and description of same, rent amount, rent duration, rent renewal clause, duties of both parties to the property, tenancy renewal clause, date of agreement and signature of parties. National Salt Company Of Nigeria Ltd V Mrs. M. J. Innis-palmer(1992) NWLR(p.t218)

TYPES OF TENANCY IN NIGERIA
Basically the types of tenancy in Nigeria include the following:
TENANCY AT WILL: Here the landlord allows tenant to use the property for an unknown period of time, sometimes without payment
PERIODIC TENANCY: The landlord leases his property for a period of time with rent being paid and agreement drafted for the property
STATUROY TENANCY: statutory tenant is an occupier who, after his contractual lease expires, retains possession of the property of another person against the wishes of that person, who is adamant about evicting him.

IS RENT PAYMENT RECEIPT NECESSARY?
Yes it is!. Landlords are expected to hand over payment receipts to the tenants on the completion of payment(or as agreed on terms of payment), which means the landlord has agreed to rent out his property. A tenant is advised to ask for payment receipt if not issued any to avoid future problems. Also a landlord is expected to have a rent book if he doesn’t have a receipt to keep such record of payment(or have both, just in case). Else a condonation fee shall be paid by the landlord to the court if no records of payments can be provided by him if a case is filed by him. In some parts of the country, a landlord is not allowed to collect rent for more than two years and above

WHO CARRIES OUT RENTAL REPAIRS?
Both parties are to carry out repairs. The landlord is expected to carry out external repairs, whilst the tenant is expected to carry out minor internal repairs. if the internal repairs is not minor e.g the WC is broken before occupation or the ceiling fan, it is expected that the Landlord should carry out the repairs before entrance by the tenant. if a tenant carries out those repairs without duly informing the landlord, both internal and external(especially external repairs), he may not be entitled to compensation for such repairs in court, unless it was stated in the agreement. Elder Vauerbach(1950) 1 KB 359, 374.

CAN A TENANT ENTERTAIN GUEST(S) IN THE PROPERTY?
Yes!. However, a landlord and tenant can via the tenancy agreement, also agree on what kind of guest to entertain, especially if it is a compound occupied by co-tenants, to help curtail unnecessary noise and disturbance of the enjoyment of property of co-tenants. and also visiting hours of the guest(s).

CAN A LANDLORD ENTER THE TENANTS PROPERTY AT WILL?
The landlord can enter the property at will if there is an emergency or a prior entry notice to the tenant(s) as on the issues of general repairs, or to inspect the property, or when such property has been abandoned by the tenant. However, a landlord cannot just come into the property at will, and the tenant can sue for trespass if such happens without notice. Soleh Boneh V Ayodele(1989) 2 SC (pt 1).

CAN A TENANT SUB-LET THE PROPERTY?
NO!. A tenant cannot and should not sub-let the rental property to a third party. However, with the consent of the landlord, such can be done, else the landlord will have the right to evict both the tenant and subtenant from the property for breach of agreement (Ogugua V. Jimoh(2018) LPELR-46649(CA).

IS A TENANT ENTITLED TO A NOTICE TO-QUIT?
A tenant is entitled to a notice to quit when the rent is due. it is the right of the tenant to be issued a notice to quit. Tenancy at will – 7 days’ notice, Monthly tenancy – 1-month notice, Quarterly tenancy – 3 months’ notice, Half-yearly tenancy – 3 months’ notice, Yearly tenancy – 6 months’ notice to quit( Christopher Amah v. Fidelis Ozouli (E 298 of 2006) [2010] NGCA 20 (20 May 2010). A forceful ejection can result to a court proceedings against the landlord without due notice. And if a tenant refuses to vacate premises after issuance of notice to quit, the landlord should go to court to secure possession, the court will appoint the bailiff to do the needful. Apart from the quit notice, all tenants have the right to a 7-day notice to recover possessions from the landlord. This notice comes after the valid quit notice expires.

CAN RENT BE INCREASED AT WILL?
A landlord can increase rent at will, but this must be in accordance with the rent review clause, and also the lanlord should duly and on time, inform the tenant, to avoid issues and to give time to the tenant to chase hunt other available apartments if the tenant is not conceding to the new rent and not planning to renew the tenancy.

CAN A RENT AGREEMENT BE CHANGED AT WILL?
No, a rent agreement cannot be changed at will by the landlord, unless the tenant is in breach of the agreement. instances where the tenant decides to go contrary to the tenancy agreement which may include: where he is in arrears of rent; is constituting a nuisance; conducting illegal activities in the lease property; has violated a term or condition in the lease agreement; has seriously damaged the rental property; has sublet the demised premises to a 3rd party contrary to the agreement; is interfering with your rights as the landlord or the rights of other tenants; at such, he may change the rent agreement and terminate it.

WHEN IS RENT SAID TO BE DUE?

A rent is said to be due when the tenant has failed to renew the tenancy agreement as of the time stipulated in the agreement by the parties. The tenant is entitled to renew the tenancy agreement as included in the rent review clause, and if he fails to renew the agreement after a notice to quit has been issued and the time runs out, the rent is said to be due (Ejide v. Adode (1959) SCN LR 32). And if a tenant refuses to pack out of the house as when due, the tenant will pay mense profit (payment for the amount of time occupying the property without renewal) to the landlord if he sues for it(Ogugua V. Jimoh(2018) LPELR-46649(CA)

CAN A LANDLORD RENT OUT THE PROPERTY TO PROSPECTIVE TENANT WISHING TO PAY HIGHER THAN THE SUBSISTING TENANT?
NO!. A landlord cannot pursue a subsisting tenant because another is wishing to pay a higher amount than the subsisting tenant, unless such tenancy agreement has lapsed as per the agreement. Although a tenant is entitled to renewal of a tenancy agreement, if the landlord doesn’t want the tenant to stay due to a prospective higher bidder, he must notify the tenant on time and give him time to get a new apartment before he rents out same to another (Adimegwu V. Bala & Anor:(2022) LPELR-57442(CA)).

Thank you for your time reading this lengthy work, questions and comments are highly appreciated and will be addressed accordingly. Feel free to share

UNDERSTANDING PLEADINGS III
AMENDMENTS OF PLEADINGS IN NIGERIA
BY T.K.GONTUL ESQ, S.F MOLWUS ESQ, O.P. OLORUNYOMI ESQ, A.F. SALIFU, A.O.B AZI & A.S MUHAMMAD.

AMENDMENTS IN PLEADINGS
The amendment of a pleading for the purpose of determining the real question in controversy between parties ought to be allowed at any stage of the proceedings before judgment unless such amendment will entail injustice or surprise on the other party or if such application is done mala fide (maliciously) as each case must be considered on its merit. The court will look into some major principles for such amendment to include the attitude of the party, nature of amendment, question of controversy and the time sought for such amendment which all falls back to the discretion of the court to grant such amendment or not(AKANINWO V NSIRIM (2008) 9 NWLR (Pt. 1093) pg 439.

WHEN TO AMEND PLEADINGS
In the case of OKOYE & ANOR v. OKONKWO & ANOR (2006) LPELR-11785(CA) the Court on whether pleadings can be amended with respect to evidence already led held that :
Amendment of the pleadings can be made at any stage of the proceedings before judgment in line with evidence that has been adduced in the course of proceedings: Amendment in the pleadings of a party can be made after the close of evidence by one party or both parties in order to bring the evidence in line with the evidence already led on record.
There must be good and cogent reasons before the Court can grant the leave for amendment of pleadings after close of a case and before judgment. Overwhelmingly, the Court in such instance, must seek to prevent the obvious justice of a case from being defeated or delayed by formal slips which arise from the inadvertence of counsel. Conversely, any amendment which will result in injustice to the other party or which will violate the rule of audi alteram partem (listening to both parties) ought not be allowed.

WHEN AMENDMENT TAKES EFFECT
The amendment of a process takes effect from the date of the original document. Once such pleadings are amended, what stood before the amendment is no longer a material fact before the court as a consequential order will be made for the Defence to amend their own Defence too. However, a it is the duty of such respondent to such application for amendment to also seek the leave of court to amend his own processes; see the case of OBIALOR & ANOR V. UCHENDU & ORS (2013) LPELR-22048(CA) . Failure of Defence to amend their statement of Defence will be deemed an admittance of the amended statement of claim to which the Claimant is meant to file his own Reply to the Statement of Defence when necessary to do so and will be deemed to have admitted any assertions by the Defendant if he doesn’t reply to which the Defendant will need no further evidence to proof his case; see the case of UNION BANK OF NIG PLS V OSAZEE (2011) 7 NWLR (Pt. 1251) 89.

WHEN A COURT MAY REFUSE AN APPLICATION FOR AMENDMENT
The locus clasicus as to when a court may refuse the grant of an application for amended is cited in the case of ADEDAPO ADEKEYE V. CHIEF O. B. AKIN-OLUGBADE (1987) 3 NWLR (Pt. 60)214 SC
NOTE: It is settled law that a non-juristic person, generally, cannot sue or be sued. Naming a non-juristic person as a defendant is not a misnomer and cannot be amended to substitute to a juristic person. Also if such application is to plead a new cause of action, such is not allowed; see the case of GOWON V IKE OKONGWU (1994) 2 NWLR (Pt. 326) 355.

CONCLUSION
Amendment of Pleadings is a legal device invented for the purpose of ease of adjudication and it does not change the actual date of filing of the amended process, and does not pretend that nothing existed before the amended process was filed. Hence, the Courts have stated repeatedly that a statement of claim or Defence which has been amended with leave of Court does not disappear into thin air and cease to exist and it is still part of the proceedings and can be properly looked at or referred to by the trial Court. See SALAMI VS OKE (1987) 4 NWLR (PT 63) 11. In other words; because a pleading has been amended does not mean that it is expunged or struck out and the Court can rightly refer to it though it cannot consider it as the basis of the claim or Defence in the action. Thus, pleading amended does not cease to be part of the evidence.

UNDERSTANDING PLEADINGS II
BASIC DEFENCES IN PLEADINGS IN NIGERIA
BY T.K.GONTUL ESQ, S.F MOLWUS ESQ, O.P. OLORUNYOMI ESQ, A.F. SALIFU, A.O.B AZI & A.S MUHAMMAD.

TRAVERSE IN PLEADINGS
Traverse simply is the mere denial or non-admission of pleaded facts either expressly or by necessary implication. The law is that any traverse must be specifically pleaded so that the claimant is put on sufficient notice of the case he is to meet. There are general and specific traverse; a general traverse ought not be adopted; essential allegations should be specifically traversed, see the case of ADESANYA V OTUEWU (1993) 1 NWLR (Pt. 270) pg 414 and TAJUDEEN SULEMAN &3 ORS V. ADE UKANA & 2 ORS (2019)LPELR -46827(CA)
An averment not specifically denied by the Defendant in the statement of Defence taken as admitted, such denial must not be general or evasive, but specific, as one is not limited to just a particular paragraph of the statement of Defence but to the entire Defence. A defendant is only expected to make a specific denial where there is a specific averment in the statement of claim as to a particular issue as this will help in determining whether an issue has been joined on a point by such parties.

REPLY IN PLEADINGS WHEN NECESSARY
A reply’s proper function is to raise in an answer to the Defence, any matter which makes the Defence not maintainable or might otherwise take such Defence by surprise or which raised issues of fact not arising from such Defence. Where averments in pleadings are not denied or controverted by the claimant who foes not file a reply to a statement of Defence, he is deemed to have admitted the assertions in those paragraphs of Defence and not adducing evidence in proof of them.
A reply does not need/require any document or statement to accompany it as held in the case of CHIEF NKPA V. CHAMPION NEWS PAOERS LTD &ANOR (2016) MGCA 75.

COUNTER-CLAIM
A counter-claim is an independent and separate claim for relief asserted against an opposing party after an original claim his been made; a Defendants claim in opposition to or as a set off against the claim. It is not only a claim by the Defendant against the Plaintiff in the same proceedings but it is regarded as an independent and separate action in which the Defendant and counter-claimant is in opposition of the Plaintiff in the same proceedings. When the court lacks jurisdiction to entertain the main claim, a counter-claim cannot stand on its own even being a separate and independent claim See the case of ABERUAGBA V. OYEKAN (2020) 2 NWLR (Pt. 1707) at 173. However a counter claim will subsists even where the main claim is discontinued, withdrawn, dismissed or struck out but not on grounds of jurisdiction OBOLO V ILUKOYENIKAN (2013) LPELR 20324
A counter claimant only starts his claim after the main claimant to the substantive suit concludes his case, but he lays foundation in respect to the counter claim during his Defence in the substantive suit. The claimant also has the right to respond to the counter claim, and if he fails to file a Defence to the counter claim, the court will give judgment as per the evidence of counter-claim before it.
Where a Plaintiff’s claim in an action in the substantive suit fails and the Defendant doesn’t have a counterclaim, the Defendant will not be entitled to any declaration of title; see the case of BIKO & ANOR V AMAECHI & ORS (2018) LPELR-45069(CA).

SET-OFF

Set-off in law is the reduction of the discharge of a debt by setting against it a claim in the favour of the debtor.
Unliquidated damages may be set-off as between the original parties and also against an assignee. This principle has extended to allow set off in respect of a claim for damages and even where the claim , the basis of the set-off arises from a different transaction.

UNDERSTANDING THE BASICS OF PLEADINGS (PART 1)
BY T.K.GONTUL ESQ, S.F.MOLWUS ESQ, O.P OLORUNYOMI ESQ, A.F. SALIFU AND A.O.B AZI

INTRODUCTION
Pleadings are written facts alleged by parties which should comprehensively present the material facts in dispute and highlight the issues between the parties to an action (its like each parties side of the same story) The court held in the case of BRAWAL SHIPPING NIG LTD V OMETRACO INTERNATIONAL LTD (2011) NWLR (PT. 1255)that;
‘the primary purpose of pleadings is to prepare the minds of the parties and indeed the court to know the case to be presented at the trial by each party and to narrow down the matters in controversy in respect of which evidence is led to proof these averment in the parties respective pleadings”
Pleadings comprises wholly the statement of claim, statement of Defence, counter claim, set-off, reply, and further and better particulars commenced by way of Writ of summons. Pleadings are not started by way of Originating Summons or Originating Motions and Petitions
Summarily, the aim of pleading is to allow the case of each party to be stated clearly without ambiguity so that the opponent will know precisely the issues he is facing and how to respond to same, also, parties must indeed confine their evidence to those issues. The most important point of pleadings is to avoid surprise on respective parties when the matter is heard in court. The major function of pleadings is to define and delimit with clarity and precision the real issues in contention. It is meant to be comprehensive and accurate because issues that are not pleaded cannot be raised in the cause of trial as parties are by their pleadings and parties cannot go outside it to lead evidence or rely on the facts which are extraneous to those pleaded as evidence adduced to determine the outcome of the trial; cited in the case of KYARI V ALKALI (2001) 11 NWLR (pt. 724) 412
“To succeed in a claim for special damages or exemplary damages , a party must plead with particulars or itemize such damages these must be claimed specially; Also, evidence in support of facts not pleaded goes to no issue and ought to be discountenanced as cases must be determined only on legally received evidence.
NOTE: Facts are to be pleaded and evidence is led in support of the pleadings to which the court will adjudicate upon; where evidence led is not based on facts pleaded, such evidence goes to no issue(ADESANYA V OTUEWU (1993) 1 NWLR (Pt. 270) 414.

AVERMENTS IN PLEADINGS
It is law that averment in pleadings is not evidence even if duly pleaded as it would be deemed abandoned , to prove such averments it must be admitted or denied in the pleadings UNION BANK PLC V ASTRA BUILDERS (W/A) LTD (2005) 5 NWLR (Pt. 1186) 1 at 27. The court stated that, even where a particular averment is admitted, a Claimant may nevertheless be required to tender evidence in proof of admitted facts as averments in pleadings, unless admitted by the opposite party must be established or proved by evidence. BRAWAL SHIPPING NIG LTD V OMETRACO INTERNATIONAL LTD (2011) NWLR (PT. 1255).
Pleadings (statement of facts) are the body and soul of any suit they are the foundation of the case and are gradually built upon by the provision of evidence to support such pleadings before a court of justice. Allegations no matter how strong in their wording cannot amount to averments( statements in a pleading) unless they are sufficiently particularized. Parties are bound by their pleadings and any evidence which is at variance with averments made in the pleadings goes to no issue and should be disregarded by the court. It is trite law that what is admitted need not be proved and that parties are bound by their pleadings; AGHANELO V UBN LTD (2002) 7 NWLR (Pt.666)
NOTE: A claim made on the writ of summons, which is not repeated or reclaimed in the statement of claim will be deemed abandoned or varied; BRAWAL SHIPPING NIG LTD V OMETRACO INTERNATIONAL LTD (2011) NWLR (PT. 1255)

CONTENTS OF PLEADINGS
Good pleadings must contain material facts only, to be relied upon by parties. Facts must always be positive, precise and succinctly stated, unambiguous. it is unnecessary to plead law, statutes or sections; the court must always be guided to avoid being distracted from the substantive issues presented by each party in their respective pleadings. A pleadings process should contain (1)The name of court,(2) Suit number (3) Names of party (s) (4) The title/Heading i.e Statement of claim (5) Reliefs sought containing just material facts (6) Pleadings should be dated (7)Address for service.

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).
Technically a motion is written document. However there are instances where a lawyer may make oral applications before the court. However in this article we shall discussing Motions in its strict sense of being a written document.
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 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/applicaiton 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 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”.

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.