Civil Litigation adminDecember 17, 2019 Welcome to your Civil Litigation Name Email Phone Number The Chief Registrar of the High Court of the federal Capital Territory directed allexterns at the Court to read the scenario and answer the questions below;Mr Fry commenced an action at the federal Capital Territory High Court , for therecovery of the sum of ₦3,000,000 (three million naira) from Peoples FinanceLimited.Answer the following questions:1. The suit will be assigned to a Judge by one of these: The Chief Justice of the Federal Capital Territory High Court The Registrar of the Federal Capital Territory High Court The vacation Judge None of the above None 2. As Extern you were asked to give an opinion on the quickest procedure you will adopt to obtain judgement in the case and your answer will be: Apply for default judgment by motion exparte Apply for Judgement under Order 11 Procedure of Lags State Use the undefended list procedure under Order 2 of Federal Capital Territory High Court Rules Report the matter to the Judge None 3. When you observed proceeding on the day he matter was listed formention in Court 4 Federal Capital Territory High Court one of thefollowing was true The Judge asked the parties to commence trial immediately The Charge was first read to the defendant The plaintiff’s counsel announced appearance first followed by the Defendant’s counsel None of the above None While on externship at the High Court of Federal Capital Territory Adamu Aboyinuwho seeks to sue Joe Jack a resident of the Gwagwalada Area Council, Abujabrought before the Process Registrar, Federal Capital Territory High Court, thefollowing documents; Writs of Summons, Statement of Claim, Witness Statement onOath, Copies of documents to rely on and Certificate of pre-action Counselling, Butthe Registrar insisted that a condition precedent to the issuance of the writ has notbeen fulfilled4. That condition is Pre-action Notice Leave to issue Writ List of Witnesses Payment of filing fees None 5. When the writ is issued which officer of the Court shall ensure that the process get to Joe Jack The Court Clerk The Balliff The Chief Registrar The Police Orderly None 6. When Joe Jack is served with the processes, the first step he would take is Payment of filling fees Leave to issue writ Call the Judge None of the above None On the third day of your externship programme at the Lagos State High Court presided by Hon. Justice Kola, Mr Tolani Usman Counsel to the 7________ moved a 8_________to attach the money belonging to the 9__________ with First Bank Plc. The Judge while granting the application issued 10_____________ to be served on the 11______________ Use the appropriate answer to fill in the blank spaces in the above case study7. Judgement debtor Garnishee Judgement Creditor Plaintiff None 8. Summon Motion exparte Motion on Notice Origination motion None 9. Judgement Creditor Defendant Garnishee Judgement Debtor None 10. An Order absolute An Order nissi An Order of release An order of attachment None 11. Garnishee Judgement Debtor Judgement Creditor Deputy Sheriff None Mr Agu has been announced winner of the East American Lottery that took place. He has the title documents to Late Mr Kolawole’s house in Ibadan. Mr Kolawle died intestate and the children of the deceased (Victor 39, and Emma 35) are still in the process of obtaining Letters of Administration. Meanwhile, each of the two sons are persistently disturbing him (Mr Agu) to give it to them. He is therefore confused as to whom to deliver this document to as he does not want to pass it to the wrong person and neither does he want to continue to hold on to it. He has approached the Court to decide on who to deliver the document to Now answer the questions that follow: This kind of procedure is referred to as: stakeholder Interpleader Sheriff Interpleader Court Interpleader Personal Interpleader None 13. As Mr Agu’s Lawyer, what shall you advise him to do with the document? Give it to Victor the elder of both sons Deposit it in the Bank till the letter of administration is collected Apply to Court to take necessary proceedings between/amongst themselves in order to determine who is entitled to take the documents To keep the documents in the bank for safe custody until he returns to Nigeria. None 14. One of the following is not an essential fact for Mr Agu to state in his supportind affidavit That the applicant has not colluded with any of the claimants That he must show that the property is in his possession That he has no interest in the subject matter in dispute other than charges for costs That the applicant is willing to pay or transfer the subject matter into Court or to dispose of it as the Court or Judge in Chambers may direct None 15. Assuming both Victor and Emma have gone to Court regarding this matter, what steps can be taken to prevent Mr Agu from giving it to either of the parties Interlocutory Injunction Interim Injunction Order f mandamus Mareva Injuction None 16. Assuming that the Court makes an order that the documents be given to Emma within how many days does Victor has to appeal? 30 days 90 days 45 days 3 months None The High Court of Lagos State declined jurisdiction in a suit filed by Social Rights Initiative (NGO) and two other persons against the Attorney General of the Federation and the Central Bank of Nigeria challenging the Federal Government decision to change the One thousand naira note to coin. The most probably reason why the Court declined the Jurisdiction in the above case is that: The matter ought to have been commenced in the FCT High Court The matter ought to have been commenced in the National Industrial Court The matter was commenced in the wrong Judicial Division The matter falls within the exclusive jurisdiction of the Federal High Court None 18. The ruling in the above case is regarded in Law as : Interlocutory application Interlocutory decision Final ruling Final decision None 19. Assuming in the above ruling the court has assumed Jurisdiction, it would be regarded as: Final ruling Interlocutory ruling Final Decision Interlocutory ruling None 20. The principle for grant of an injunction does not include: Legal right Substantive issue to be tried Undertaking as to success Attitude of an applicant None 21. A Defendant served with a writ outside Jurisdiction is given at least 8 days to enter appearance 14 days to enter appearance 30 days to enter appearance 45 days to enter appearance None In view of the lingering crisis in Bauchi State House of Assembly over the amendment of the 1999 Constitution, the house has been unable to sit for more than 3 months where upon the National Assembly decided to take over the legislative functions of the House the Bauchi State House of Assembly is not happy with this development and has briefed you to sue the National Assembly. In which Court will you institute the action Supreme Court Court of Appeal Federal High Court Bauchi State High Court None 23. if a party is evading service of Court processes he is served by any of the following means? Substituted Service Accelerated Service Urgent Service All of the above None 24. All but one of the following is incorrect Nomenclature of parties depend on the type of action and the rules of Court A person can be plaintiff and defendant in the same action In an interlocutory application parties are referred to as applicant and respondent Mistake in stating correct names of the party is not fatal to the case None Nnamdi and Sanni are customers of Star Bank plc. The Bank gave a loan of ₦50 million to Nnamdi which loan was guaranteed by Sanni. Nnamdi has now defaulted in repaying the loan and the Bank has decided to sue Sanni who the Bank belives is more financially buoyant and in a position to pay. Which Court has jurisdiction over the case? Federal High Court State High Court Investments and Securities Tribunal Both Federal and State High Court None 26. if Sanni intends to claim indemnity against Nnamdi in the same action instituted by the Bank Against Sanni, the proper step is for Sanni to apply for: Interpleader Summons Third party Notice Joinder of party Ganishee Proceedings None 27. Assuming Nnamdi’s wife is joined as co-defendant in the suit by the Bank, which of the steps can she properly take? Apply for dismissal of the case for misjoinder Apply for striking out of the case for misjoinder Apply for striking out of her name for misjoinder Apply for joinder of the Managing Director of the Bank as co-plaintiff None John filed a suit under the undefended list procedure against Peter. On the 20th of April 2011, the matter came up for the first time while the Court was sitting but before the matter was called, Counsel to Peter sent a message to John’s Counsel informing him that he is on his way to Court having been delayed by a flat tyre. Answer the following questions What will the matter be fixed for on the 20th of April, 2011 Mention Further hearing Accelerated hearing Hearing None 29. What application will Counsel to John make to the Court in view of the text messages? Application for adjournment Application for stood down Application for stand down Application for cost None Miss B.B Slim was sued by is Dora Brown in the High Court of FCT Abuja, over a piece of land situate at Asokoro District, Abuja. After the service of the process on the defendant, she was involved in a fatal accident which led to her being hospitalized for three months. After her discharge from the hospital, she engaged a counsel to represent her in Court What first step should Counsel take on behalf of B.B Slim? File a memorandum of Appearance File a motion for leave to appear out of time File Statement of Defence File Statement of claim None 31. What are the processes the defendant needs to file to defend this suit? Statement of defence, witness statement on Oath, pre-action counselling certificates and list of witnesses Statement of defence, affidavit in support, witness statement on Oath and list of witnesses Statement of defence, Witness statement on Oath, pre-action counselling certificate and couple of documents to be relied upon Statement of defence, witness statement on oath and list of documents to e filed. None 32. Since the defendant was unable to file the necessary papers required of her under rules within time, the plaintiff is entitled to: Judgement in default of Defence Judgement in default of appearance Summary judgment None of the above None 33. The defendant is required by law to file her statement of defence after the statement of claim is filed on her within a period of 45 days 21days 30 days 14 days None 34.___________ deals with enforcement of judgement and orders service and execution of civil processes of Court Bailiff Sheriff Registrar Counsel None 35. Assuming the Attorney General of Ekiti state wants to institute an action against the federal government seeking a declaration that the proclamation of the state of emergency is inconsistent with the constitution thus null and viod, which will have jurisdiction Federal High Court High Court Ekiti State Court of Appeal Supreme Court None 36. Assuming the governor wants to challenge the validity of the election of a member of the state House of Assembly, which Court has jurisdiction Federal High Court High Court Ekiti State Court of Appeal The National Assembly and the State house of Assembly Election tribunal None 37. Assuming the Governor wants to institute an action against the EFCC from arresting him which court would he institute the action Federal High Court High Court Ekiti State Court of Appeal The National Assembly and the State house of Assembly Election tribunal None 38. The purpose of the _________ notice would enable the person or agency that is to be sued to decide what tozgarding the matter that is whether it should negotiate compromise or contest the matter in Court Quit Notice Pre-action counselling certificate Pre-action Notice B& C None he Chief Registrar of the High Court of the Federal Capital Territory directed all Externs at the Court to read the Scenario and answer the questions below: Mr Fry commenced an action at the Federal Capital Territory High Court, for the recovery of the sum of ₦3,000,000.00 (three million naira) from the Peoples Finance Limited. Answer the following questions The suit will be assigned to a judge by one of the following The Chief Justice of the Federal Capital Territory The Registrar of the Federal Capital Territory The Vacation Judge None of the above None 40. As an extern you were asked to give an opinion on the quickest procedure u will adopt to obtain judgement in the case: and your answer will be Apply for default Judgement by motion exparte Apply for Judgement under order 11 procedure of Lagos State Under the undefended list procedure of the Federal Capital Territory High Court Rules Report the matter to the police None 41.The service of originating processes may only be validly made Between 6 in the morning and 4 in the evening Monday- Friday Between 6 in the morning and 6 in the evening Monday-Saturday Between 6 in the morning and 6 in the evening Monday –Friday Between 6 in the morning and 4 in the evening Monday –Saturday None Engr. Obatola Komolafe engaged the services of Braimoh & Associate where you are an extern, to claim damages of ₦10,000,000.00 from Kamaradarie Nursery and primary School, Ikeja, Lagos which is registered under part c of the Companies and Allied Matters Act. The School bus had negligently knocked down Engr. Obatola’s son (9 years old) Dike on his way back from school and he sustained injuries From the narration, the endorsement as to parties on the Originating process will be: Engr. Obatola Komolafe (parent and guardian of Dike Obatola) AND the registered trustees of kamaradarie Nursery and primary school Dike Obatola (infant) suing through his guardian Engr Obatola AND the Regitered trustees of kamaradarie Nursery and primary school The Registered trstees of kamaradarie Nursery and Primary School AND Dike Obatola (infant) suing through his friend Obatola Komolafe All of the above None 43. Any judgement obtained against a person who was not served with the processes is __________________ Nullity Valid Valid until set aside Default Judgement None 44. When a court is said to lack the ability to hear a case it means the court lacks__________ Audience Judge Jurisdiction Locus standi None 45. The legal right of a party in an action to be heard in litigation before a court or tribunal is __________ Jurisdiction Locus standi Audience Capacity None 46.Bose Anifalaje and Victoria Kalejaye entered into a contract in Enugu and to be performed in Enugu which of the following Courts has jurisdiction to hear the matter High Court FCT Any high Court in Nigeria High Court Enugu State Federal high Court None 47. The Supreme Court of Nigeria consists of _______ judges 21 judges 15 judges Not exceeding 21judges 10 judges None 48. The correct party in an action by or against the Federal Government is_____________ President Federal Government of Nigeria Attorney General of Federation Speaker of the House of Assembly None 49. The original jurisdiction of the Court of Appeal includes the following except Whether any person has been validly elected to the office of President or vice-president under the Constitution The term of office of the President or Vice president has ceased Whether the Speaker of the House of Assembly has been validly elected The office of the President or Vice-President has become vacant None 50. If all the parties to civil action in the course of proceedings seeks an adjournment to settle their dispute out of Court, they will need to file and adopt in Court The terms of a consent Judgement Term of consent agreement Terms of brief of settlement Terms of settlement None 51.The phrase the judgement is against the weight of evidence is applicable As a form of general transverse in a brief of argument As a form of general transverse in a statement of defence As a general transverse in a notice of appeal As a general ground of appeal in a notice of appeal None Mr bello bought a jeep and took a comprehensive insurance cover with Dantata insurance Company. On the 11th March 2016, Mr Dele was driving along the busy Ikeja high way, Lagos when Mrs Bello who was driving under the influence of alcohol ran into Mr Dele’s car beyond repairs. Mr Dele filed an action at the Lagos State high Court claiming damages against Mr Bello. Answer the following questions if Mr Bello wants Dantata Insurance Company to bear eventual liability in the event of judgement being given against him, which of the under listed proceedings would he initiate Summary Judgement proceedings Fast track proceedings Third party proceedings Third party injunction proceedings None Which of the under listed best describes the mode of initiating the proceeding in the question above Motion on notice Summon Motion exparte Third party notice None 54. The matters may be considered by the court at the case management conference except Settlement of issues Hearing of motion to amend statement of claim Hearing of motion for stay of execution of judgement Motion to strike out claim for non-disclosure of reasonable cause of action None 55. At the High Court of the Federal Capital Territory Any time before the close of pre-trial conference Anytime but not more than once before the close of case Any stage of the proceeding None of the above None 56. The following are types of parties in an action except Proper party Improper party Nominal party Desirable party None 57. A statement of claim shall contain the following except Address for service of processes Signed by the Claimant or his Legal practitioner Age of Claimant A telephone number None 58.The following are modes of commencing civil proceedings in a High Court except Writ of summons Originating summons Petition Originating Applications None 59. The procedure for commencing civil proceedings in a Magistrate Court include Writ of summons Originating summons Petition Originating Applications None 60.what is the proper mode of annoying appearance in Court With utmost humility to the Court May it please the Court Respectfully My Lord My name is None 61.The list which the cases of the day is written and kept with the registrar is known as Bar list Course list Cause list Judge’s list None 62. The seat reserved for lawyers in the Court is known as Bar Bench Gallery Witness box None 63.When a party is evading service the best mode of service is through Personal Service Substituted service Pasting service Service by proxy None 64.When the writ is issued which officer of the court is entitled to serve processes The Court clerk The Bailiff The Court Registrar The police orderly None Effect of not filing the requisite documents in Lagos along with the writ may lead to The registrar will simply reject the originating process Nullity The writ shall not be issued None of the above None 66. A subpoena shall remain in force from the date of issue until The trial of the action in which it is issued 3 months 3 weeks 3 days None 67.Documents can be tendered by the Counsel to the court From the bar Through the bar Along the bar From the witness box None 68. A witness can tender documents to the Court From the bar From the witness box Along the bar Through the bar None 69. when documents are filed in court what fees are paid Security fees Filing fees Processes fees Cost None 70. which of the following persons can sign a document to be filed Law firm Clerk of the law firm Legal practitioner Court Clerk None 71. Factors that affect jurisdiction include all but the following Subject matter Locus standi Financial limit Tribe of party None 72.The following parties can raise the issue of jurisdiction except Parties Court None of the above A&B None 73. A judgement delivered by a Court without jurisdiction is Valid Nullity Subsisting Can be appealed None 74. The number of justices in the Court of Appeal shall be 49 justices 15 justices Not less than 49 justices 25 justices None 75. When a matter is coming up for the first time in a court it is said to be coming up for Hearing Mention Further mention Accelerated hearing None The School bus of Queensland Group of School negligently knocked down Ben Chibuzor, a 9 year old boy, the son of the prominent Chief Obi in town. Chief Obi has gone to court to claim damages of N10,000,000.00 from Queensland Group of School. Ben has been called as a witness in the matter to testify against Queensland Group of School. However, Queensland Group of School brought one of the teachers who merely listened to the narration of the driver as a witness in the matter. The reliefs in this suit include the following except: General damages Special damages in the sum of 2,000,000.00 NGN for hospital bills incurred as a result of the injury sustained An order withdrawing the driving licence of the driver A declaration that the defendant was negligent in the way he drove on the day in question. None 77. What kind of witness is Ben if he is unable to understand the duty of speaking the truth? Compellable witness Uncompellable witness Competent witness Incompetent witness None 78. What kind of evidence would the teacher give in the courtroom as to what happened exactly? Documentary evidence Real evidence Hearsay evidence None of the above None 79. What mode of originating process would you advise the plaintiff to bring in this case? Writ of summons Originating Summons Originating motion Petition None One of the cases that came up for trial before the Lagos State High Court during the externship programme was the suit between Dolapo Dipo and Sola Supo. After the case had been called by ------(80) and counsel announced their -------- (81), claimant’s counsel opened with the examination-in-chief of his sole witness. As the only documentary evidence by the claimant had previously been agreed ----- (82), counsel tendered the document ------ (83). During the cross examination of the clamant’s witness, the defence counsel mostly adopted ------ (84). At the conclusion of the claimant’s case, defence counsel informed the court that he would be resting his case on that of the claimant. The court then ordered ----- (85) to file written address within the next 21 days. 80. The Clerk of the Court The Registrar of the Court The janitor of the court The Presiding Judge’s usher. None 81. Appearances Presence Welcome Addresses None 82. At the case management conference In the pleadings of the parties In the statement on oath of the parties In the Judge’s Chambers None 83. After laying proper foundation Open recognition Through the witness Through the Bar None 84. Close leading question Open leading question Open non leading question None 85. Both of them The defendant The claimant Either of them None 86. Which party has the right to reply on point of law? The plaintiff The defendant The party who files the first address None of the above None 87. When does a judgment take effect? The next day after the judgment 3 days after the judgment 7 days after the judgment Immediately unless the judgment itself directs otherwise None An affidavit to accompany an application for leave to levy execution against a judgment debtor’s immovable property must contain all but one of the following: Steps taken to enforce the judgment and the result so far The sum of money now remaining due under the judgment No movable property of the judgment debtor can with reasonable diligence be found. The immovable property can satisfy the judgment debt and so there is no need to sell the movable property None How long after attachment of the property above should the judgment creditor pray for before the property is sold? 15 days after attachment, unless the judgment debtor requests otherwise in writing 14 days after attachment, unless the judgment debtor requests otherwise in writing 30 days after attachment One month after attachment None 90. You accompanied the Head of the Law Firm to a Case Management Conference at the High Court Lagos State. The Head of the Law Firm was the claimant’s counsel but neither the defendant nor his counsel was present. There was also no letter to the court to explain the reason for their absence. Which of the under listed is the most appropriate option for the judge to adopt in accordance with the rules? Adjourn the Conference Proceed with the Conference as scheduled Order that an undertaking to participate effectively in future be filed by the defendant Enter judgment against the defendant where appropriate None 91. All but one of the following must be contained in pleadings: Material facts Reliefs sought Reasonable cause of action Evidence None 92. Where it is obvious that the other party has no reasonable defence to the cause of action, the appropriate procedure to come by is Third Patry Procedure Summary Judgment Procedure Stakeholder Interpleader Interim Injunction None 93. If all the parties to a civil action in the course of proceedings seek an adjournment to settle their dispute out of court, they will need to file and adopt in court: Terms of settlement Terms of brief of settlement Terms of consent agreement The terms of consent judgment None 94. The best means to recover possession from a tenant against whom the court has made an order of recovery of possession is Writ of sequestration Warrant for possession Writ of possession Writ of fifa (fieri facia) None 95. The phrase “the judgment is against the weight of evidence” is only applicable: As a form of generat traverse in a brief of argument As a general ground of appeal in a notice of appeal As a form of general traverse in a statement of defence As a general traverse in a notice of appeal. None On August 7, 2017, Mr. Stone gave a cheque for the amount of 50,000,000.00 NGN (Fifty million naira) to Planwell (Nig.) Ltd, as payment for sundry service rendered. Two days later, Mr. Stone got a call from his bank, Greatness Bank Plc, seeking clarification or confirmation whether the cheque should be honoured to which Mr. Stone answered in the affirmative. The Bank official did not properly understand Mr Stone and therefore declined payment. Planwell (Nig) Ltd, through its counsel, S.T. Jangbala Esq. commenced an action by Originating Motion, seeking payment of the said sum. The action is before the Lagos High Court. Answer the following questions: Given the scenario above, how would you have commenced the action differently? I will commence the action by originating summons under the summary judgment procedure I will commence the action by writ of summons under the fast track procedure I will commence the action by writ of summons under the undefended list procedure None of the above None 97. Assuming the action was commenced by writ of summons, what would you advise Mr. Stone to do in respect of the bank? Apply for a third party proceedings Apply for an interpleader Apply for stay of proceedings Apply for a garnishee order None 98. Based on your answer above, which of the following will you not depose to in your supporting affidavit? The fact that Mr. Stone had sufficient funds in his account with the bank The fact that Mr. Stone authorized the Bank to honour the cheque but the bank failed, neglected and/or refused to do so. The fact that the Bank is willing to dispose of the subject matter as directed by the Court. The fact that the Bank is liable to indemnify the Defendant None 99. If the action was properly commenced, which of these will Mr. Stone’s counsel not file in response? Copies of documents to be relied on Writ of summons Witness’ statement on oath Statement of defence None 100. Which of the following orders is the Judge not likely to make on the day of hearing of this case? An order entering judgment An order placimg the suit under the fast track procedure An order granting leave to defend None of the above. None 101. For an applicant to succed in his quest for consolidation of suits, he must show the following except: That there are two or more actions between the same plaintiff and defendants That the actions are pending before the same High Court That it is convenient for the court That some common questions of law or fact arise in both or all the causes or that the issues are the same in all the actions and can therefore be properly tied and dtermined at the same time. None 102. A higher degree of proof is required in civil cases in situations: Where general damages are claimed Where there is a claim for special interest Matters under the summary judgment procedure None of the above None 103. Mr. Stephen commenced an action at the Federal Capital Territory High Court for the recovery of the sum of 3,000,000.00 (Three Million Naira) from Peoples’ Finance Limited. As a Counsel to Mr. Stephen, what is the quickest procedure to obtain judgment in the case? Report the matter to the police Apply for judgment under Order 11 Procedure of Lagos State Use the undefended list procedure under Order 2 of Federal Capital Terrtory High Court Rules Apply for default judgment by motion exparte None 104. When a defendant is served with a court process, the first step he would take is to: Enter appearance Announce appearance File statement of defence None 105. If the defendant faults to take the first step above: Final judgment may be entered against him Judgment may be entered against him in default of appearancee Judgment entered against him in default of defence. None of the above None At the Lagos State High Court, Counsel to the ---------- (106) moved a ------------------ (107) to attach the money belonging to the ………………………….. (108) with First Bank Plc. The Judge while granting the application issued ------------ (109) to be served on -------------(110). 106. Plaintiff Garnishee Judgement Creditor Judgment Debtor None 107. Originating moion Motion exparte Motion on notice Judgment Debtor None 108. Judgment Creditor Defendant Garnishee Judgment Debtor None 109. An order absolute An order nissi An order of release An order of attachment. None 110. Deputy Sheriff Judgment Debtor Judgment credtor Garnishee None 111. The purpose of cross-examination include the following except: To annoy the witness To test his accuracy, veracity or credibility To discover who he is and what is his positioj in life To shake his credit by injuring his character None 112. A written address shall contain the following except: The prayer; List of authorities cited List of witnesses Legal argunents. None During hearing in a civil matter, the following conversation occurred: Lateef Okoye Esq: You are Smith Okonkwo of No.6 Federal Road, Abuja, a Civil Servant, isn’t it? Abubakar Daramola Esq: Objection milord! That is leading Trial Judge: Objection overruled. Witness answer the question. Smith Okonkowo: Yes milord Lateef Okoye Esq: Do you remember making a statement on oath in respect of this mater? Smith Okonkwo: Yes I do Lateef Okoye Esq: Pleasee take a look at this statement and tell this honourable court whether or not this was the statment made by you on oath. Smith Okonkwo: Yes milord. This is the statement I made. Lateef Okoye Esq,: Wahat do you want this Honourable Court to do with this statement you made? Smith Okonkwo: You are my lawyer. Do whatever you think is right with it. What type of evidence is being adduced from the passage above? Cross-examination Examination-in-chief Evience of bad character Re-examination None 114. What do you think of the ruling of the trial urge on the objection released by Abubakar Daramola Esq? The learned trial judge was wrong because the question was leading The learned trial judge was right because there was nothing leading in the question The learned trial judge was right because the question bordered on introductory matters The learned trial judge was right because leading questions may be asked during cross--examination. None 115. Who is likely to conduct a re-examination from the passage above? The learned trial judge Latteef Okoye Esq Abubakar Daramola Esq Either (b) or(c) None 116. If you were Lateef Okoye Esq, what would you urge the court in favour of my cleint, who seems not to know what to do with his statement on oath? Milord, I humbly apply that the witnesss be dischatged Milord, I humbly apply for a short adjournment Milord, I humbly apply to treat the witness as a hostile witness Milord, I humbly apply that the statement be adopted as the oral evidence in this case. None 117. Based on your answer above, what will Abubakar Daramola Esq do if the learned trial judge granted your applications? Oppose the applicaation for judgments Consent to the adjournment but ask for punitive costs Re-examine the witness None oft he above None 118. The court shall deliver its decision not later than ------ days after the conclusion of evidence and final written addressses: 90 days 60 days 30 days One month None 119. The following are the officers responsible for the execution or emforcementof judgments except one Sheriffs Deputy Sheriffs Bailiffs The Judge None 120. What is the fastest procedure under the Abuja Civil Procedue Rules that is used for recovery of debt or liquidated money demand? Case Management Conference Abandonment of Excess Undefended List Procedure None of the above None 121. The following are the documents to file under the Undefended List Procedure: Application Form 1 and Statement of Claim Writ of summons and an affidavit stating the grounds on which the claim is based and that in the deponent’s belief, there is no defence to the action and a pre-action counseling certificate Application for summary judgment and Writ of Summons None of the above None 122. Where the Defendant wishes to defend under the Undefended List Procedure, he must file his Notice of Intention to Defend within how many days? 7 days 14 days 5 days 3 days None 123. Mr. Hilton needs the Manager of Pacesetters Ltd to come to court and tender certain documents in his possession as evidence in the matter. Howeer, the Manager is proving stubborn and he has gone to court to seek help. What sub poena should he seek from the court? Sub poena duces tecum Sub poena ad testificandum Sub poena ad testificandum et duces tecum None of the above None 124. Assuming Mr. Hilton needs the Manager to tender documents and testify, waht sub poena would he seek from the court? Sub poena duces tecum Sub poena ad testificandum Sub poena ad testificandum et duces tecum None of the above None 125. Failure to obey a subpoena would require what form of execution of judgment? Warrant of arrest Writ of sequestratiom Writ of fifa Writ of possession None 126. What is the lifespan of a subpoena? 7 days 30 days 14 days None of the above None 127. Leading questions can be asked in the following instances except Cross-examination Introductory matters Examination-in-chief Undisputed facts None 128. Where the defendant in a matter defaults in certain rules of procedure like entering of appearance and filing his defence, the plaintiff can ask the court to enter judgment in his favour. What kind of judgment would he be given by the court? Summary judgment Consent judgment Default judgment Final judgment None 129. The time within which to appeal against a final judgment is ----- One month 30 days Three months 90 days None 130. The time within which to appeal against an interlocutory judgment is ---- One month 14 days 7 days Three months None 1. A judgement can be said to be delivered within time when_______________ Not later than ninety days after the conclusion of evidence and final addresses Not later than thirty days after the conclusion of evidence and final addresses Not later than ninety days after the commencement of proceedings Not later than thirty days after commencement of proceedings None 2. Which of the following days can a judgement not be delivered Monday Wednesday Sunday None of the above None 3. A Court becomes ___________ once judgement is delivered Valid Legal Functus Officio Functus official None 4. The following are types of judgement except Consent Judgement Default Judgement Final judgement Valid judgement None 5. Which of the following is a method of enforcement of Judgement Enforcement Committal Order Order of sheriff Agreement None 6. All but one are officers responsible for the execution and enforcement of judgement in Nigeria except Sheriffs Bailiffs Registrar Deputy Bailiffs None 7. The phrase “the judgement is against the weight of evidence” is only applicable As a form of general traverse in a brief of argument As a form of general traverse in a statement of defence As a general traverse in a notice of appeal As a general ground of appeal in a notice of appeal None On the third day of your externship programme at the Lagos State High Court presided over by Hon Justice Kola, Mr Tolani Usman, Counsel to the 8 _____________ moved a 9 _________to attach the one belonging to the 10_______________ with First Bank Plc. The Judge while granting the application issued 11____________ to be served on 12______________ Select the appropriate answer to fill in the above case study 8. Judgement Debtor Garnishee Judgement creditor Plaintiff None 9. Summon Motion exparte Motion on notice Originating motion None 10. Judgement creditor Defendant Claimant Judgement debtor None 11. An order absolute An order nissi An order of release An order of attachment None 12. Garnishee Judgement debtor Judgement creditor Deputy sheriff None Mr Atanga Bulus was a judgement debtor in a declaratory judgement before the Lagos High Court dissatisfied with the judgement he filed (13) ________________ at the (14)_____________ he wanted the status quo to be maintained pending the appeal and subsequently filed an application for (15)_____________ before (16)_____________ the judgement creditor opposed the application by filing (17)___________13. The grounds of appeal The particulars of appeal The notice of appeal The notice of judgement None 14. Registry of the trial court Registry of the appellate court Office of the commissioner for oath None of the above None 15. Stay of judgement Stay of execution An injunction pending appeal Stay of proceedings None 16. The appellate Court The trial Court The Court bailiff None of the above None 17. Affidavit Counter-affidavit Counter-affidavit and written address Affidavit and written address None 18. How long after the attachment of the property should the judgement creditor pray for before the property is sold? 14 days after attachment unless the judgement unless the judgement debtor requests otherwise in writing 15 days after attachment unless the judgement debtor requests otherwise in writing 30 days after judgement One month after attachment None In the course of your Court attachment Hon. Justice Temple White in whose Court you were attached to asked the externs the following questions If the parties in a civil action in the course of proceedings seek an adjournment to settle their dispute out of court they would need to file and adopt in court The terms of consent judgement Term of consent agreement Terms of brief of settlement Term of settlement None 20. The jurisdiction for recovery of premises in Lagos state is vested in which Court? Federal high Court Magistrate Court Rent Review tribunal Customary Court None 21. Which of the following persons has the right to issue quite notice? Agent Solicitor Authorised agent Caretaker None 22. What is the statutory provision for the number of months to be given to a quarterly tenant? 6 months 3 months 1 week 1 month None 23. The following are processes of recovering of premises except? Obtain written authority from the landlord Issue notice to quit Notice of intention to recover premises Through the use of thugs None 24. Who are those who have the right to appeal? Judge Registrar A party to the case Police None 25. Which of the following decisions need leave to appeal? Final judgement in a magistrate Court Final judgement in the high court Consent judgement Final judgement in the federal high Court None 26. An appeal that is required to be as of leave and is filed without it shall be Valid on the discretion of the judge Valid Invalid None of the above None 27. Time within which to file an interlocutory appeal is within? 3 moths 90 days 14 days 60 days None 28. Time within which to file appeal for a final judgement is within? 3 moths 90 days 14 days 60 days None 29. An appeal is commenced at the Court of Appeal by the appellant by filing a notice of Appeal where? Registry of the high court Registry of the court of appeal The office of the judge The Clerk of the high Court None 30. The trinity prayers include the following except Extension of time to seek leave to appeal Leave to appeal None of the above Extension of time within which to file appeal None 31. A notice of appeal without grounds of appeal is _____________ Valid Incompetent Legal None of the above None 32. The following are characteristics of a valid judgement except? Writing Delivery in open Court Confinement of judgement to issues raised and claims sought Signing by a higher judge None 33. A court can set aside its own decisions suo moto or on applications on the following grounds except A judgement can only be set aside on appeal Based on clerical errors Judgement based on fraud Judgement made in the absence of a party None 34. A default judgement is given in the _____________ Default of pleadings Default of payment of counsel Default in bribing judge Lack of proper announcing appearance by counsel None 35. A default judgement is a judgement Based on merit Lacking merit None of the above All of the above None 36. The following are types of pleadings except Statement of claim Statement of defence Set off Notice of service None 37. The followings are types of injunctions except Mareva Anton pillar Motion on Notice Interim None The Chief Registrar of the High Court of the federal Capital Territory directed all externs at the Court to read the scenario and answer the questions below; Mr Fry commenced an action at the federal Capital Territory High Court , for the recovery of the sum of ₦3,000,000 (three million naira) from Peoples Finance Limited. Answer the following questions: The suit will be assigned to a Judge by one of these: The Chief Justice of the Federal Capital Territory High Court The Registrar of the Federal Capital Territory High Court The vacation Judge None of the above None 39. As Extern you were asked to give an opinion on the quickest procedure you will adopt to obtain judgement in the case and your answer will be: Apply for default judgment by motion exparte Apply for Judgement under Order 11 Procedure of Lags State Use the undefended list procedure under Order 2 of Federal Capital Territory High Court Rules Report the matter to the Judge None 40. When you observed proceeding on the day The matter was listed for mention in Court 4 Federal Capital Territory High Court one of the following was true The Judge asked the parties to commence trial immediately The Charge was first read to the defendant The plaintiff’s counsel announced appearance first followed by the Defendant’s counsel None of the above None While on externship at the High Court of Federal Capital Territory Adamu Aboyinu who seeks to sue Joe Jack a resident of the Gwagwalada Area Council, Abuja brought before the Process Registrar, Federal Capital Territory High Court, the following documents; Writs of Summons, Statement of Claim, Witness Statement on Oath, Copies of documents to rely on and Certificate of pre-action Counselling, But the Registrar insisted that a condition precedent to the issuance of the writ has not been fulfilled That condition is Pre-action Notice Leave to issue Writ List of Witnesses Payment of filing fees None 42. When the writ is issued which officer of the Court shall ensure that the process get to Joe Jack The Court Clerk The Balliff The Chief Registrar The Police Orderly None When Joe Jack is served with the processes, the first step he would take is Payment of filling fees Leave to issue writ Call the Judge None of the above None On the third day of your externship programme at the Lagos State High Court presided by Hon. Justice Kola, Mr Tolani Usman Counsel to the 43________ moved a 44_________to attach the money belonging to the 45__________ with First Bank Plc. The Judge while granting the application issued 46_____________ to be served on the 47______________ Use the appropriate answer to fill in the blank spaces in the above case study43. Judgement debtor Garnishee Judgement Creditor Plaintiff None 44. Summon Motion exparte Motion on Notice Origination motion None 45. Judgement Creditor Defendant Garnishee Judgement Debtor None 46. An Order absolute An Order nissi An Order of release An order of attachment None 47. Garnishee Judgement Debtor Judgement Creditor Deputy Sheriff None Mr Agu has been announced winner of the East American Lottery that took place. He has the title documents to Late Mr Kolawole’s house in Ibadan. Mr Kolawle died intestate and the children of the deceased (Victor 39, and Emma 35) are still in the process of obtaining Letters of Administration. Meanwhile, each of the two sons are persistently disturbing him (Mr Agu) to give it to them. He is therefore confused as to whom to deliver this document to as he does not want to pass it to the wrong person and neither does he want to continue to hold on to it. He has approached the Court to decide on who to deliver the document to Now answer the questions that follow: This kind of procedure is referred to as: stakeholder Interpleader Sheriff Interpleader Court Interpleader Personal Interpleader None 49. As Mr Agu’s Lawyer, what shall you advise him to do with the document? Give it to Victor the elder of both sons Deposit it in the Bank till the letter of administration is collected Apply to Court to take necessary proceedings between/amongst themselves in order to determine who is entitled to take the documents To keep the documents in the bank for safe custody until he returns to Nigeria. None 50. Assuming both Victor and Emma have gone to Court regarding this matter, what steps can be taken to prevent Mr Agu from giving it to either of the parties Interlocutory Injunction Interim Injunction Order of mandamus Mareva Injuction None Assuming that the Court makes an order that the documents be given to Emma within how many days does Victor has to appeal? 30 days 90 days 45 days 3 months None 52. Leading questions can be asked in the following instances except Cross examination Introductory matters Examination in chief Undisputed facts None 53.What is the most suitable way for a counsel to announce appearance With utmost humility to the Court May it please the Court I humbly pray my Lord My name is None 54. Where the defendant in a matter defaults in certain rules of procedure like entering of appearance and filing his defence, the plaintiff can ask the Court to enter judgement in his favour what kind of judgement would be given by the Court Summary judgement Consent judgement Default judgement Final judgement None 55. failure to obey a subpoena would require what form of execution of judgement? Writ of fifa Writ of possession Warrant of arrest Writ of sequestration None 56.The mode of enforcing judgement for the sale of moveable and immoveable properties is known as ___________ Writ of fifa Writ of possession Warrant of arrest Writ of sequestration None 57. The mode of enforcement of money judgement is known as __________ Writ of fifa Writ of possession Garnishee proceedings Writ of sequestration None 58. The answer in the above question is commenced by what mode Motion on Notice Motion exparte Writ of summon Writ of fifa None 59. What application is meant to suspend the proceedings before the court pending the determination of an interlocutory appeal Stay of execution Stay of proceedings None of the above Injunction None 60. The mode of applying for the application in the answer above is _______ Motion on Notice Writ of summon Motion exparte None of the above None 62. An application brought by a judgement debtor to preserve the res pending appeal is known as ________________ Stay of execution Stay of proceedings None of the above Injunction None 63. the answer to the above question is instituted by ____________ Motion on Notice Writ of summon Motion exparte None of the above None 64. under what ground can a marriage be dissolved? Adultery Intolerable behaviour All of the above When the marriage has broken down irretrievably None 65.the party instituting the dissolution of the marriage is known as _____________ Claimant Defendant Petitioner Respondent None 66. An election petition is to be brought within how many days of declaration of results of the election 30 days 15 days 21 days 7 days None 67. the respondent in an election petition has how many days to file a reply? 15 days 14 days 7 days 21 days None 68. A judicial review that challenges the legality of an applicant’s detention is _____________ Certiorari Order of mandamus Habeas Corpus None of the above None 69.the following are contents of 7 days’ notice of intention to recover possession except Title of Notice Suit number Name of owner The length of the notice None 70. the document filed by the party in response to the petition in a divorce proceeding is called_____________ Answer Statement of defence Notice to quite Notice to divorce None 71. Factors that affect jurisdiction include all but the following Subject matter Locus standi Financial limit Tribe of party None 72.The following parties can raise the issue of jurisdiction except Parties Court None of the above A&B None 73. A judgement delivered by a Court without jurisdiction is Valid Nullity Subsisting Can be appealed None 74. The number of justices in the Court of Appeal shall be 49 justices 15 justices Not less than 49 justices 25 justices None 75. When a matter is coming up for the first time in a court it is said to be coming up for Hearing Mention Further mention Accelerated hearing None 76. Miss Katherine is a tenant in the property belonging to Late Chief Eze under a yearly tenancy which commenced on 1st February 2011. After the death of Chief Eze, his two wives and 6 children are fighting over the rightful person to collect the rents. Miss Katherine is in a dilemma as to the rightful person to pay to. What step is appropriate to take? Garnishee Proceedings Third party Proceedings Application for further and better particulars Interpleader summons None One of the following must be served on Miss Katherine in order to properly determine her tenancy. A 6-month notice to quit which must expire on 1st January. A 6-month notice to expire at the end of August in any year. A 6-month notice to quit which must expire on the 31st of January. A 6-month notice to be served anytime before the end of September in any year. None 78. The courts and special tribunals empowered to hear election petitions include the following except: Court of Appeal National Assembly and House of Assembly Election Tribunal Local Government Election Tribunal Federal High Court None 79. The sole ground for dissolution of marriage under the Matrimonial Causes Act is: That the marriage has broken down irretrievably. Adultery Desertion None of the above. None 80. Mr. Agbeko’s employer terminated his employment and Mr. Agbeko has decided to institute an action in court for wrongful termination of employment. What court has the jurisdiction to hear and determine this matter? Federal High Court National Industrial Court State High Court All of the above. None 81. If a party is evading service of court process, he can be served by any of the following means: Substituted service Accelerated service Urgent service All of the above. None 82. While a tenant can maintain an action in trespass against the landlord, a licensee has no such right of action. This is because of the sole ingredient of: Payment of Rent Exclusive ownership Exclusive possession None of the above. None Chief Kayode and Dr. Mohammed were the candidates at the last election conducted at the Karole Central Senatorial District to fill the vacancy created by the demise of the Senator representing the district. Chief Kayode contested on the platform of The Democratic Party while Dr. Mohammed contested on the platform of Peace Party. The result was declared on 31st July 2018 wherein Dr. Mohammed was declared the winner. Now answer the following questions: In case Chief Kayode intends to challenge the result, he must file his petition: On or before 30th of August, 2018 On or before 24th of August, 2018 On or before 15th of August, 2018 On or before 7th of August, 2018 None 84. The Petitioner in the above case must file all but one of the following documents along with his petition: List of witnesses Statement on oath of the witnesses Copies of documents he wishes to rely on at the trial Verifying Affidavit None 85. Bimpe and Kayode have been courting for 7 years now and they have decided to celebrate their marriage in a big way. They conducted their marriage at Sanctuary Assembly and booked the biggest hall for their reception. Their wedding was one in town. What kind of marriage did they conduct? Statutory marriage Church marriage Islamic marriage None of the above. None Mr. Akpan was beaten by some policemen at a roadblock along Abuja-Maraba Road to a state of unconsciousness for his refusal to switch on the inner light of his car. Mr. Akpan was abandoned at the roadblock without the police making effort to take him to the hospital. After he regained consciousness, Mr. Akpan is contemplating instituting an action in Court for the enforcement of his fundamental rights. Which Court is the most appropriate for the enforcement of Mr. Akpan’s rights? National Industrial Court of Nigeria, Abuja High Court, FCT, Abuja High Court, Suleja Federal High Court, Kaduna None 87. Within what time limit should Mr. Akpan commence his action? No time limit 12 months 8 months All of the above None 88. Within what time is the Respondent expected to respond to the application? 15 days 14 days 5 days 7 days None 89. What possible breach of fundamental right can the applicant claim? Right to fair hearing Right to dignity of human person Right to life Right to property None Nonso and Ahmed are customers of Bright Bank Plc. The Bank gave a loan of N50 million to Nonso which loan was guaranteed by Ahmed. Nonso has now defaulted in repaying the loan and the Bank has decided to sue Sanni who the Bank believes is more financially buoyant and in a position to pay. Which Court has jurisdiction over the case? Investment and Securities Tribunal State High Court Federal High Court B and C None If Ahmed intends to claim indemnity against Nonso in the same action instituted by the Bank against Ahmed, the proper step is for Ahmed to apply for: Interpleader summons Third party Notice Garnishee Proceedings Joinder of party None Assuming Nonso’s wife is joined as co-defendant in the suit by the Bank, which of the steps can she properly take? Apply for striking out of her name for misjoinder Apply for striking out of the case for misjoinder Apply for Dismissal of the case for misjoinder Apply for joinder of the Managing Director of the Bank as co-plaintiff. None Assuming the Bank and its Counsel were absent on the date fixed for pre-trial Conference, which of the following steps can properly be taken by the Court? Enter final judgment for the claimant Dismissal of the action of the plaintiff Stay further proceedings in the matter until the plaintiff comes to Court. Award cost against the defendant. None 94. Before which Court or tribunal will you commence proceedings for recovery of the premises where the rent is N11 million per annum? State High Court Magistrate Court Rent Control Tribunal Any of the above. None 95. The most appropriate mode of enforcing the judgement in this case will be by ------- Writ of fifa Writ of possession Judgment Summons Writ of Execution None 96. One of these is not a ground for a decree of nullity of a void marriage One of the parties has consummated the marriage One of the parties was at the time of marriage lawfully married to another person There was lack of consent of one of the parties. None of the above. None Chief Mikairu Adisa is the Landlord of No 1, Adisa Close, Lekki Phase 1, Lagos. The property consists of a block of 4 units of 5 bedroom flats. Though Chief Mikairu was married to Madam Bola under the Yoruba Native Law and Custom but the marriage produced no child. Chief Mikairu therefore got married to Shola on whose insistence the marriage was conducted at the Marriage Registry, Ikoyi, Lagos. In order to satisfy Chief’s quest fir a child, and realizing that he may be suffering from infertility, Shola entered into a secret relationship with Segun, one of the Tenants in one of the flats. Segun’s yearly tenancy commenced on the 1st of January, 2016. His rent was N5 Million per annum although he is in arrears of rent for the past 4 years. Chief has just discovered the relationship between Shola and Segun and he has decided to evict Segun and send away Shola legally. What matrimonial relief will Chief seek against Shola? Decree of Nullity of voidable marriage Decree of Nullity of void marriage Decree of Dissolution of marriage Decree of Judicial Separation None 98. Which of the following documents will not be necessary to accompany the originating process? Certificate of Reconciliation Acknowledgement of Service Verifying affidavit Notice of Petition None 99. Assuming the original of the marriage certificate issued to Chief Mikairu and Shola is lost, how can the marriage between them be proved before the court? By photographs taken during the marriage ceremony By oral evidence of a person who was present at the ceremony By a copy of the printed programme of event at the ceremony None of the above. None 100. Which of the following is true about the termination of Segun’s tenancy? His tenancy is deemed to be terminated by operation of law in view of the atrocity committed by him. His tenancy has already terminated by effluxion of time He must be given 6 months notice to quit regardless of date of termination He must be given 6 months notice to quit terminating on the 31st December. None 101. Before which court can proceedings to evict Segun from the flat be commenced? The Magistrate Court or the High Court of Lagos State Only at the High Court, Lagos State Only at the Magistrate Court, Lagos State Only at the Rent Tribunal, Lagos State None On the third day of your court externship programme at the Lagos State High Court presided over by Hon. Justice Kola, Mr. Tolani Usman, Counsel to the ---(102)---- moved a ------(103)----- to attach the money belonging to the -----(104)------ with First Bank Plc. The Judge while granting the application issued ------(105)---- to be served on -----(106)-----------. Select the most appropriate answer to fill in the gaps in the above case study. 102. Plaintiff Garnishee Judgment Creditor Judgment Debtor None 103. Motion on notice Motion exparte Summon Originating motion. None 104. Judgment Debtor Garnishee Defendant Judgment Creditor None 105. An order of attachment An order of absolute An order of release An order nissi None 106. Judgment Debtor Judgment Creditor Garnishee Deputy Sheriff None A Delta State Law which prescribed that an application for leave of Court to enforce fundamental rights of an individual must be filed within 6 months of the happening of the event complained of is inconsistent with Fundamental Right Enforcement Procedure Rules because the Rules prescribe: 6 months No time frame More than 6 months Less than 6 months None 108. The service of originating processes may only be validly made: Between 6 in the morning and 4 in the evening Monday - Saturday Between 6 in the morning and 4 in the evening Monday - Friday Between 6 in the morning and 6 in the evening Monday - Saturday Between 6 in the morning and 6 in the evening Monday - Friday. None 109. A petition for a decree of restitution of conjugal rights can be seen in: Form 5 Form 6 Form 7 Form 8 None 110. Prohibited degrees of consanguinity are as follows except: A man marrying his father’s wife A man marrying his father’s sister A man marrying his son’s wife A man marrying his son’s son’s wife. None At exactly 9.00 am, the Honourable Justice Barbara Schoolberg commenced sitting. After a brief exchange of pleasantries with members of the Bar, she ordered the Court Registrar to call the first case on the ----(111)-------. It was -------(112)------- for interlocutory injunction. The ------ (113)------- was absent as he had served within the processes. The matter was therefore -----(114------. Course list Curse list Cause list Case list None 112. An originating summons An originating motion A motion ex-parte A motion on notice None 113. Appellant Petitioner Co-Respondent None of the above. None 114. Adjourned Struck out Dismissed Non-suited None Complete the answer supplied by a field supervisor to an extern’s question, on the steps he took to draft and file the originating process, in an action, for defamation in the High Court of Lagos State in which judgment was entered in favour of his client. Upon receiving instructions to commence the action at the High Court of Lagos State, I prepared the Writ of Summons together with the accompanying documents. It must be noted that the Writ must, aside from other endorsements, contain the reliefs sought. The ------(115)-------- which contains material allegations of the claimant must _____(116)------ the defamatory words. After drafting the processes, it must be -------(117)------ by the lawyer, except the witness statements on oath which will be signed/sworn to ------(118)----. The process is then taken to the Court for filing. The filing is done at the ------(119)-----. The Registrar confirms the processes and then initial on it and thereafter ------(120)----- the processes to determining the amount to be paid as -----(121)----. The Registrar on confirming payment stamps the processes and allots a ----(122)---- Number to the case. 115. Particular of defamation Particulars of claim Statement of claim Statement of damages None 116. Specifically plead Specifically tender Specifically explain Specifically adumbrate. None 117. Signed and dated Signed only Dated only None of the above. None 118. Before the Principal in Chambers Before the Judge in Chambers Before the Judge in Court Before the Commissioner for Oaths. None 119. At the Courtroom At the Chief Registrar’s office At the Process Registry At the Probate Registry None 120. Cost Examine Assess Quantify None 121. Cost Security for cost Process fee Filing fee None 122. Case Suit Appeal Motion None During your externship in the law firm of J.T. Ayodele & Co., Chief Olu Enoch instructed your Principal, Mr. J.T. Ayodele, SAN to file an election petition on his behalf. Chief Enoch contested the recent Senatorial election held in Oyo State as the platform of Mass Action Party (MAP) against Dr. Tola Yori of Democratic People’s Congress Party (DPCP). The election was held on June 14, 2016 and the result was declared on June 15, 2016, with Dr. Tola as the winner. Mr. J.T. Ayodele must file the petition on or before: 13th of July 2016 8th of July, 2016 11th of July, 2016 2nd of July 2016. None Mr. Ayodele, your Principal has asked you to list the documents that will accompany the petition: Pre-action protocol Form 01, list of witnesses, written statement on oath of witnesses, documents to be relied on. Pre-action counseling certificate, list of witnesses, statement on oath. List of witnesses, written statement on oath of witnesses, copies or lists of documents to be relied on None of the above. None 125. Mr. Ayodele sought to know what time limit the Tribunal has to deliver its judgment in the case, counting from when the petition was filed? 90 days 180 days 60 days 3 months None 126. Chief Enoch’s grounds for the petition are underlisted. Which of them is not tenable? Dr. Yori was not qualified to contest Undue influence Corrupt practices Non-compliance with the Electoral Act 2010 as amended. None 127. Your Principal did not advise his client, Chief Enoch to attempt ADR before filing the petition because: Election Petition is sui generis Election Petition is a non arbitrable matter Election Petition is usually controversial None of the above. None Mr. Atanga Bulus was a judgment debtor in a declaratory judgment before the Lagos State High Court. Dissatisfied with the judgment he filed ------(128)------- at the ----(129)---. He wanted the status quo to be maintained pending appeal and consequent;y filed an application for -----(13O)---- before -----(131)----. The judgment creditor opposed the application by filing -----(132)------. 128. The notice of judgment The notice of appeal The grounds of appeal The particulars of appeal. None 129. Office of the Commissioner for Oath Registry of the trial court Registry of the appellate court None of the above. None 130. Stay of execution Stay of judgment An injunction pending appeal Stay of proceedings, None 131. The Court bailiif The trial court The appellate court None of the above. None 132. Affidavit Counter-affidavit and written address counter-affidavit Affidavit and written address. None 133. Where the court makes no order as to costs, it means: Each party will bear his own expenses The Plaintiff will compensate the Defendant for bringing him to court The case is struck out The matter is non-suited None 134. An application for enforcement of fundamental rights may be brought by --- Writ of Summons Originating summons Any originating process that is accepted by the court Originating motion None 135. Questions as to whether the seat of a member of the National Assembly has become vacant or has ceased are determined by: Supreme Court as an original jurisdiction Court of Appeal as an original jurisdiction Federal High Court National Assembly Election Tribunal None 136. A voluntary union for life of one man and one woman to the exclusion of all others is: Partnership Church marriage Customary marriage Statutory marriage None 137. When does a person become a statutory tenant? From the moment his tenancy with the landlord ended After the order of court has been made for his exit From the moment he enters into the premises upon an agreement with the landlord None of the above. None 138. While appeal is concerned with the correctness of the decision on merit, judicial review is concerned with -------- Incorrectness of the decision on merit The judges attitude and reaction to the counsel Legality of the decision complained about None of the above None 139. An application for stay of execution is only necessary in the following instances except ----- Consent judgment Interlocutory judgment Executory judgment None of the above. None A writ of execution is valid for ----------- 3 months from the date of its issue One year from the date of its issue 6 months from the date of its issue 3 years from the date of its issue. None 141. A court can set aside its own judgment suo moto or on application in the following instances except: To correct clerical errors or mistakes from accidental slip or omission Where the judgment is due to a fundamental defect which goes to the issue of jurisdiction and competence of the court Where the judgment was obtained by fraud by one of the parties Where the judgment was well-considered and a party implores the court to deliver a different decision. None 142. The time for appealing against an interlocutory judgment is within ------- 3 months 14 days 30 days 15 days None 143. Execution shall be between the hours of -------------------------------- 6am to 6pm from Monday to Friday 6am to 6pm from Monday to Saturday 8am to 4pm from Monday to Friday 6am to 6pm from Monday to Sunday None 144. If a judgment has been obtained by the Magistrate Court, what court has the power to issue execution processes against the immovable property of the judgment debtor? High Court on original jurisdiction Same Magistrate Court Appeal to the High Court Supreme Court None Where leave to issue a writ of fi fa against immovable property has been obtained and the immovable property has been attached, the immovable property shall be sold -------- days after the attachment. 15 14 7 3 None 146.The sale shall be between the hours of -------- 6am to 6pm 7am to 8pm 8am to 4pm 6am to 4pm None 147. An appeal is not a ----- but a ------ of the case. Trial; hearing Re-hearing; Re-trial Re-trial; Re-hearing None of the above. None 148. An appeal from the Magistrate Court to the High Court is commenced by the appellant filing in the lower court and serving on the respondent a Notice of Appeal within --------- days of the decision complained of. 15 30 60 90 None 149. Mesne profits begins to run from what time? From the date the order of court was given against the tenant From the date the tenancy has been determined either by notice or by effluxion of time From the date the tenant enters the premises upon agreement with the landlord None of the above None 150. As regards the cessation or vacancy of the term of office of the President or Vice President, what court is vested with the exclusive jurisdiction over such questions? Federal High Court Election Tribunals Supreme Court State high Court None 1. The undefended list procedure in Abuja is commenced by filing: Writ of summons, Motion on Notice and Supporting Affidavit Writ of summons, Exparte motion and Affidavit Writ of summons and Affidavit None of the above. None Mr. A.A. John was sued by Chief (Mrs) Jamiu in the High Court of FCT Abuja, for the declaration of title to a piece of land situate at Garki District, Abuja. After the service of the process on the defendant, he failed to engage a lawyer or appear in court. After three months, he engaged a counsel to represent him in court. 2. The defendant is required by the rules to file his statement of defence after the statement of claim is served on him within a period of 30 days 42 days 14 days 21 days None 3. Since the defendant was unable to file his defence within time, the plaintiff is entitled to: Summary judgment Judgment in default of defence Judgment in default of appearance None of the above None 4. What first step should counsel take on behalf of Mr. A.A. John? File a statement of claim File a memorandum of appearance File a statement of defence File a motion for leave to appear out of time. None 5. Assuming Mr. A.A. John engaged a counsel within the time stipulated by the rules, what first step should the counsel take on behalf of the defendant? File a statement of defence File a statement of claim File a memorandum of appearance None of the above. None 6. All but one of the following is correct The frontloading system makes for quick dispensation of justice The frontloading system saves cost Frontloading acts as a catalyst for resorting to ADR Frontloading system effectautes springing of surprises on opposing parties. None Madam Sanni, the landlady of the building situate at No. 10 Fayemi Street, Onikan, Lagos which was let to Bold Property LTD under a yearly tenancy which commenced on the 1st of January 2010 at the rate of 10 Million NGN per annum. The last rent paid by the company was in respect of year 2017. You have now been briefed by Madam Sanni to recover the premises from the company 7. If judgement is entered in your favour but the tribunal/court fails to specify the time within which the company must give up possession, you cannot enforce the judgment until the expiration of: 21 days after the judgment 14 days after the judgment 7 days after the judgment 3 days after the judgment. None 8. The most appropriate mode of enforcing the judgment in this case will be by Judgment Summons Writ of Executon Writ of fifa Writ of possession. None 9. The following matters may be considered by the court at a Case Management Conference except: Motion to strike out claim for non-disclosure of reasonable cause of action Settlement of issues Hearing of motion to amend statement of claim Hearing of motion for stay of execution of judgment None 10. Once a court has pronounced a consent judgment as its judgment in a case, what is the implication? The judgment is appellable as of right The judgment is appellable as of leave of either the trial or appellate court The judgment is not appellable The judgment can be reversed by the trial judge None 11. One of the following cannot be compelled to give evidence in court. The Speaker of the House of Assembly The First Lady of Nigeria The Deputy Governor of Osun State The Former Vice President of Nigeria. None 12. The defendant will address the court first: If the plaintiff did not adduce evidence If the defendant adduce evidence If the plaintiff adduce evidence If the defendant did not adduce evidence None 13. If a plaintiff and his counsel were absent on the date fixed for Case Management Conference, which of the following steps can be properly taken by the court? Award cost against the defendant Dismissal of the action of the plaintiff Enter final judgment for the plaintiff Stay further proceedings in the matter until the plaintiff comes to court None 14. Where the Defendant only enters appearance and refuses to file his defence, what step would the plaintiff take? Apply for adjournment on behalf of the defendant Apply for the matter to be set down for trial Apply for judgment to be entered in favour of the claimant in default of defece Apply for the Defendant’s Memorandum of Appearance to be struck out. None 15. All but one of the following is done in a summary judgment procedure: Filing of a writ of summons and statement of claim Hearing of witnesses Filing of an application for summary judgment Filing a Statement of defence and counter-affidavit None 16. In actions begun by Originating Summons or Originating Motions, what serves the purpose of pleadings? List of witnesses List of exhibits Affidavit Statement of Defence None 17. Where the pleadings of the plaintiff fail to disclose reasonable cause of action, what should the defendant’s counsel apply for? That the case be struck out That the case be adjourned That the case be stood down to enable the plaintiffs re-file their pleadings That the case be transferred to another court. None 18. At a hearing, before a receipt for medical bills produced by a point of sale (POS) machine can be tendered, the following must be established in accordance with the provisions of Section 84(2) except: The name and description of the machine The receipt was produced by the machine which was in regular use of storing and processing information. The machine was in good working condition at the relevant time and if it was not, it did not affect the production of the receipt. The receipt was produced in the ordinary cause of business by the machine. None 19. All but one of the following is correct about an affidavit It must contain the age of the deponent It should not contain legal arguments or conclusions It should not contain objections and prayers It must contain a paragraph of good faith in accordance with the Oaths Act. None 20. Which of the following is not a valid judgment under the Constitution? Written judgment Oral judgment Judgment delivered in open court Judgment signed by the judge. None Time's up
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