Nigerian Law School

Yenagoa Campus
Civil Litigation
2024/2025 Session (Regular)
Week 7: Interlocutory Applications & Orders
22 May 2025
Name: Babatola Emmanuel Aanuoluwa
Reg Number: 534

QUESTION 1

Dr. Moshood Tantan of 5, Ojota Lane, Surulere, Lagos, bought a piece of land from Chief Warinpa of 22, Edepie Street, Ikoyi,
Lagos, on 22 March 2023, for which he paid fully, and erected a fence on two sides of the property. He had a Deed of
Assignment, duly perfected by him and having registration number 55/55/2018F, in respect of the transaction. But he did not do
anything more. The property is located at 11, Ikorodu Road, Ikeja, Lagos. Dr. Moshood Tantan was, however, informed on 2
January 2025 by his boys that one Mr. Sam Aboki of 41, Ikorodu Road, Palmgroove, near Ikeja, Lagos, had started depositing
some building materials preparatory to commencing a building project on the same land. When the boys approached Mr.
Aboki, Mr. Aboki said he had bought the land from Chief Warinpa in June 2021. Dr. Tantan’s boys could not stop Mr. Aboki
because Mr. Aboki stationed stern-looking louts who were ready to deal with anyone who tried to stop them. Dr. Tantan is
aggrieved and has decided to file an action to protect his property. Dr. Tantan has approached you to commence an action
immediately.

Answer the following questions:

(a). Apart from filing the case in court, describe additional steps you would need to take to ensure that Mr. Aboki does not
commence any building project while the suit is in court – that is, pending the hearing and determination of the suit. Mention
the documents you would file for this purpose.

The additional steps I would take is to bring an application an Interlocutory Injunction to stop Mr Aboki from commencing any
building project on the land while the hearing and determination of the suit is pending.

The documents I would file include

- Motion on Notice;
- Affidavit; and
- Written Address.

(b). Draft the application required for the purpose stated in question 1(a) above

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA

SUIT NO: IKJ/01/2025

MOTION NO_________

BETWEEN
DR. MOSHOOD TANTAN……….……...……………CLAIMANT/APPLICANT
AND
1. SAM ABOKI
2. CHIEF WARINPA …….…………………DEFENDANTS/RESPONDENTS

MOTION ON NOTICE
BiOUGHT PURSUANT TO ORDER 43 RULE 1 OF THE HIGH COURT CIVIL PROCEDURE RULES OF LAGOS
STATE 2019 AND UNDER THE INHERENT JURISDICTION OF THIS COURT

TAKE NOTICE that this honourable Court will be moved on the ______day of______________2025 at the hour of 9 O‘clock
in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant may be heard praying this Honorable Court for the
Following orders:

1. AN ORDER OF INTERLOCUTORY INJUNCTION restraining the Defendant/Respondent from commencing a building

project on the land located at 11, Ikorodu Road, Ikeja, Lagos, pending the determination of the substantive suit.

2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable court may deem fit to make in the circumstances.

Dated this………………….. Day of………………………………… 2025

______________________
Babatola Emmanuel Esq.
CLAIMANT/APPLICANT’S SOLICITORS
Tola & Co
7, Awolowo way, Victoria Island, Lagos
tolaq@gmail.com
07034972344.
FOR SERVICE ON:
Dami Olamiji Esq.
DEFENDANT/RESPONDENT’S SOLICITOR
Plot 45 Ajah way, Lagos.

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA

SUIT NO: IKJ/01/2025

MOTION NO_________

BETWEEN
DR. MOSHOOD TANTAN……….……...……………CLAIMANT/APPLICANT
AND
1. SAM ABOKI
2. CHIEF WARINPA …….……………………………………DEFENDANTS

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, Moshood Tantan, Adult, Male, Muslim, Farmer, and Nigerian Citizen of No. 5, Ojota Lane, Surulere, Lagos State, do hereby
make oath and state as follows:

1. That I am the Applicant in this suit and I am familiar with the facts of this case.
2. That on 22nd March 2023, I bought a parcel of land located at 11 Ikorodu Road, Ikeja, Lagos from the 2nd
Respondent, Chief Warinpa, for valuable consideration which I paid in full.
3. That a Deed of Assignment was executed in my favour and duly perfected with registration number 55/55/2018F.
4. That I took possession and erected a fence on two sides of the land but had not commenced full development.
5. That on 2nd January 2025, I was informed that Mr. Sam Aboki, the 1st Respondent, had brought building materials
onto the land, claiming to have bought it from the same Chief Warinpa in June 2021.
 6. That the said Mr. Aboki has stationed louts on the property, preventing me or my workers from accessing it.
7. That I fear being permanently dispossessed of the land unless this Honourable Court intervenes.
8. That it is in the interest of justice to restrain the Respondents from further acts of trespass pending the determination of
this suit.
9. That I depose to this affidavit in good faith, believing its contents to be true and in accordance with the Oaths Act.

...........…………………..
DEPONENT

Sworn to at the High Court Registry, Lagos State

This __________day of____________ 2025

BEFORE ME

…………………………………………………..
COMMISSIONER FOR OATHS

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA

SUIT NO: IKJ/01/2025

MOTION NO_________

BETWEEN
DR. MOSHOOD TANTAN……….……...……………CLAIMANT/APPLICANT
AND
1. SAM ABOKI
2. CHIEF WARINPA …….……………………………………DEFENDANTS

WRITTEN ADDRESS

INTRODUCTION
My Lord, before this honourable court is an application for a motion on notice dated 21st day of May, 2025 and filed on the
21st day of May, 2025. My Lord, the motion is brought pursuant to Order 43 Rule 1 High Court Civil Procedure Rules of
Lagos State 2019 and the inherent jurisdiction of the court. My Lord, the motion is praying this honourable court to grant an
interlocutory injunction restraining the Defendant/Respondent, whether by themselves, agents, privies or assigns, from further
acts of trespass, development or interference with the Claimant/Applicant’s property located at No. 11 Ikorodu Road, Ikeja,
Lagos, pending the hearing and determination of the substantive suit.

My Lord, this motion is supported by a 9-paragraph affidavit deposed to by one Dr Moshood Tantan. My Lord, we rely on all
the paragraphs of the affidavit particularly paragraphs 2-8.

SUMMARY OF FACTS:

The Claimant/Applicant purchased the property from the 2nd Defendant, Chief Warinpa, on 22nd March 2023 and perfected
the title via a Deed of Assignment (Reg. No. 55/55/2018F). He took possession and fenced part of the land.

On 2nd January 2025, the Claimant discovered that the 1st Defendant, Mr. Sam Aboki, had started depositing building
materials on the land, claiming to have bought the same land from the 2nd Defendant in June 2021. The 1st Defendant also
stationed louts on the land to prevent access.
The Applicant is aggrieved and seeks the intervention of the Court to prevent continued trespass until the dispute is resolved.

ISSUES FOR DETERMINATION:

Whether this Honourable Court ought to grant an interlocutory injunction to restrain the Defendants from interfering with the
Claimant’s possession and interest in the land pending the determination of the suit.

LEGAL ARGUMENT:

My Lord, it is settled law that where there is a real dispute over land and the subject matter of the suit is at risk, the court may
grant an interlocutory injunction to preserve the status quo pending determination of the substantive suit. See Kotoye v. CBN
(1989) 1 NWLR (Pt. 98) 419.

In this case, there is a serious issue to be tried: both parties claim title to the same land from the same vendor. The Claimant has
produced a perfected Deed of Assignment and has taken possession of the land. If the 1st Defendant is not restrained,
construction may proceed and the Claimant’s interest could be permanently prejudiced.

The balance of convenience favours the Claimant, who is already in possession. Irreparable harm may result if the 1st
Defendant is allowed to proceed with construction, as this would interfere with the Claimant’s possessory rights and potentially
frustrate any judgment of the court.

The Claimant acted promptly upon discovering the trespass and has undertaken to pay damages if it is later found that the
injunction ought not to have been granted.

We respectfully urge the Court to grant the interlocutory injunction to preserve the res and prevent self-help pending the
hearing and determination of the main suit.

CONCLUSION

We therefore urge the court to grant this application. We respectfully, submit.

Dated this…………………… day of……………………....…….. 2025.

______________________
Babatola Emmanuel Esq.
CLAIMANT/APPLICANT’S SOLICITORS
Tola & Co
7, Awolowo way, Victoria Island, Lagos
tolaq@gmail.com
07034972344..
FOR SERVICE ON:
Bamisaye Olamiji Esq.
DEFENDANT/RESPONDENT’S SOLICITOR
Plot 45 Ajah way, Lagos.

(c). State the factors the court would consider in deciding whether or not to grant the application.

The factors the Court would consider in describing whether to grant an interlocutory injunction are: see Obeya Memorial
Hospital v. AG Federation & Anor (1987)

1. Existence of a Legal Right

2. Substantial issue to be tried or dealt with.
3. Balance of convenience must be on the Applicant.
 4. Irreparable damage or injury to the Applicant.
5. Conduct of the parties before and during the pendency or the suit.
6. Undertaking as to damages.

(d). In not more than six sentences, numbered chronologically, demonstrate how you would move the application in court.

1. My Lord before this Honourable Court is a motion on notice for the grant of an interlocutory injunction, dated the 21st
day May of 2025 and filed on 21st day May of 2025.
2. The motion is brought pursuant to Order 43 Rule 1 of the Rules of this Court and under the inherent jurisdiction of this
Honourable Court.
3. My Lord, we seek the following RELIEF “AN ORDER OF INTERLOCUTORY INJUNCTION restraining the
Defendant/Respondent from commencing a building project on the land located at 11, Ikorodu Road, Ikeja, Lagos,
pending the determination of the substantive suit.”
4. My Lord, our motion is supported by a 9-paragraph affidavit deposed to by one Dr. Moshood Tantan. We rely on all
the paragraphs of the affidavit.
5. In compliance with the rules of court, we have also filed a written address dated and filed on the 21st day of May 2025
in support of our application. We wish to adopt same as our argument in support of our application.
6. We humbly pray this honourable court to grant our application as prayed, Thank you my Lord

(e). How is Mr. Aboki expected to respond to the application referred to in question 1(b) above? State the effect of failure to
respond to the application.

Mr. Aboki is expected to respond by filing a counter-affidavit in opposition. The effect of his failure to do same is that the facts
deposed to in the affidavit filed by the Applicant are deemed true. See Mato V Hember (2018).

(f). Assuming that Mr. Aboki failed to file his defence in the substantive case within time and still desires to put up a defence in
the case, (i) describe the steps he would take; (ii). mention the documents he needs to file in court for this purpose; and (iii)
draft the application he is required to file without any supporting documents.

i. The steps he would take are:

- File an application for extension of time by way of motion on notice accompanied by an affidavit and a written address.
- Serve the application on the claimant
- Appear in court on the hearing date to move the application
- Offer a reasonable explanation for the delay in filing and show that the defence raises a triable issue.

ii. Motion on Notice, Affidavit in support of motion for extension of time to defend, Written Address, Statement of Defence
and other relevant documents.

iii.
 IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA

SUIT NO: IKJ/01/2025

MOTION NO_________

BETWEEN
DR. MOSHOOD TANTAN……….……...……………CLAIMANT/RESPONDENT
AND
SAM ABOKI…….……………………………………DEFENDANT/APPLICANT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 43 AND ORDER 48 RULE 4 OF THE HIGH COURT OF LAGOS STATE
(CIVIL PROCEDURE) RULES 2019 AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE
COURT

TAKE NOTICE that this Honourable Court will be moved on the ………… day of ………….. 2025 at the hour of 9 O’clock in
the forenoon or so soon thereafter as the Counsel will be heard on behalf of the Defendant/Applicant praying the court for the
following orders:

1. An order of this Honourable Court granting the Defendant/Applicant an extension of time within which to file its defence
and other court processes out of time.

2. AND FOR SUCH FURTHER order(s) as the Honourable Court may deem fit to make in the circumstance.

Dated this 21st day of May, 2025

______________________
Babatola Emmanuel Esq.
CLAIMANT/APPLICANT’S SOLICITORS
Tola & Co
7, Awolowo way, Victoria Island, Lagos
tolaq@gmail.com
07034972344.
FOR SERVICE ON:
Dami Olamiji Esq.
DEFENDANT/RESPONDENT’S SOLICITOR
Plot 45 Ajah way, Lagos.
Dami mini@yahoo.com
09123456789

QUESTION 2

Mr. Sam Powell has been a standing tenant at 56, Yoruba Close, Wuse, Abuja. Recently, her landlord, Alhaji Okoro Otumba,
passed on. The eldest son of Alhaji Otumba, whose name is Emeka Otunba, approached Sam Powell on 22 December 2024,
informing Mr. Powell that he (Emeka Otunba) was now the new landlord and that Mr. Powell was to deal directly with him in
respect of Mr. Powell’s tenancy in the property. Also, on 2 January 2025, Bukky Otunba (Alhaji Okoro Otumba’s first
daughter) came to Mr. Powell, informing Mr. Powell that she (Bukky) was the new landlady and that Mr. Powell must deal
directly with her and pay all rents to her in respect of the property. Mr. Powell is confused as to who between Emeka Otunba
and Bukky Otunba he should deal with. Mr. Powell has now approached you as his lawyer to help him resolve the controversy.
Answer the following questions:
(a). Describe the steps you would take in the circumstances to resolve the situation.

I would request that they supply me with evidence of their claims. And if they fail to do that, I would file an application as an
interpleader by Originating Summons accompanied by an Affidavit and a Written Address. See Order 47 rule 2 Lagos State
High Court Civil Procedure Rules.

(b). Mention the document you would need to file in court for this purpose.

The documents to be filed are Originating Summons, Affidavit, Written Address,

(c). Draft the application you would need to file for this purpose, including the affidavit in support.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: 2025/WS/25

BETWEEN:

MR. SAM POWELL……………………………………APPLICANT

AND
1. EMEKA OTUNBA
2. BUKKY OTUNBA…………………………………. CLAIMANTS

INTERPLEADER SUMMONS
BROUGHT PURSUANT TO ORDER 26 RULE 1 OF THE HIGH COURT (CIVIL PROCEDURE) RULES OF THE
FEDERAL CAPITAL TERRITORY 2025 AND UNDER THE INHERENTJURISDICTION OF THE HONORABLE
COURT

Let Mr. Emeka Otunba of 23 Wuse roundabout Road, Abuja and Miss Bukky of 19 Wuse road, Abuja attend the High Court of
the Federal High Court, Abuja, in the Abuja Judicial Division within twenty one (21 days) after the service of this Summons on
him, inclusive of the day of such service, cause appearance to be entered for him to this summons which is issued upon the
application of Mr. Sam Powell whose address is No. 56, Yoruba Close, Wuse, Abuja and who applies that the respondents
appear and state the nature and particular of their claims, either to maintain or to relinquish them in respect of the property
located at No. 56, Yoruba Close, Wuse, Abuja and to bear the cost of this application.

Dated this ………. day of……………...2022

This summons was taken out by Ayomikun Bamishaye ESQ for the above-named Applicants

………………………………
Dauda Abdulazeez Esq.
CLAIMANT/APPLICANT’S SOLICITORS
Agboola & Co
7, Awoyaya way, Victoria Island, Lagos
Agbadorice@gmail.com
07034972344.

FOR SERVICE ON RESPONDENTS:

MR. EMEKA OTUNBA
23 Wuse Roundabout Road
Abuja
MISS. BUKKY OTUNBA
19 Wuse Road,
Abuja.

Affidavit in support of summons

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: 2025/WS/25

BETWEEN:

MR. SAM POWELL……………………………………APPLICANT

AND
1. EMEKA OTUNBA
2. BUKKY OTUNBA…………………………………. CLAIMANTS

AFFIDAVIT IN SUPPORT OF SUMMONS

I, SAM POWELL, Nigerian Citizen residing at of No. 56, Yoruba Close, Wuse, Abuja, do hereby make oath and state as
follows:
1. That I claim no interest in this subject matter in dispute other than charges for cost
2. That I have not colluded with any of the Respondents in this suit
3. That I am willing to deliver to the court the Prado Jeep or dispose of it as the court may direct.
4. I make this statement on oath believing its contents to be true and correct and in accordance with the Oaths Act.

Sworn to at the High Court Registry, Lagos

This__________ day of _________________ 2022.

BEFORE ME:
…………………………………………………….
COMMISSIONER FOR OATHS

(d). State the conditions the applicant must fulfill in the circumstances to ensure the application is granted.

The conditions the Applicant must fulfill are:

- That the applicant has no interest in the subject matter in dispute
- That the property is in the applicant custody
- That the applicant does not collude with any of the claimants
- That the Applicant is willing to transfer the subject matter into court or to dispose of it as the court may direct

(e). Assuming that you and Emeka Otunba were coursemates at the University of Ibadan, outline the steps you will take to
ensure that you may still go ahead and handle the matter.

I would disclose my relationship with Emeka Otunba to my Client and assure him that there won’t be a conflict of interest in
the matter.
I would then seek informed consent from my lawyer that I should go on with the matter.
Moving forward with the case, I would ensure I act in the best interest of my client and not breach any of my ethical duties to
him.
QUESTION 3

Two applications are currently pending before Hon. Justice Braveheart in Suit No. FCTHC/345/2021 at the High Court of the
FCT, sitting at Maitama, Abuja. The first application, filed by the Claimant on 22 December 2024, contains the following
prayers:

“(1) An order of this Honourable Court entering FINAL JUDGMENT in favour of the Claimant/Applicant against the
Defendant/Respondent in default of appearance and statement of defence.

ALTERNATIVELY

(2) An order of Court setting down the suit for trial on its merit.

(3). And for such further or other orders as the Court may deem fit to make in the circumstances.

GROUNDS FOR THE APPLICATION

TAKE FURTHER NOTICE that the ground of this application is that the Defendant, having been served with all relevant
originating processes in this suit, has failed to enter appearance or file a statement of defence within the time stipulated by the
rules of Court.”

The second application, filed by the Defendant on 4 January 2025, contains the following prayers:

“(1) An order extending the time within which the Defendant may enter appearance and file his statement of defence in this
suit.

(2). And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances.”

ANSWER THE FOLLOWING QUESTIONS:

(a). State the instances in which it is most appropriate to grant prayer 1 in the application filed on 22/12/2024.

It is most appropriate to grant the application for a default judgement when:

I. The Defendant was duly served with originating processes (Writ of Summons, Statement of Claim, etc.).
II. The Defendant failed to enter appearance within the time prescribed by the High Court of the FCT (Civil Procedure)
Rules 2025.
III. The Defendant also failed to file a statement of defence within the required time after service
IV. There is no pending application for extension of time to file a defence (or such an application was not filed before the
application for judgment).
V. There is no reasonable excuse offered for the default.
VI. Default judgement is often granted in action for liquidated damages, pecuniary damages, damage to property, and
recovery of land/premises with mesne profits, rent, breach of contract.

(b). Which of the two motions is the Court bound to hear first? Support your answer with reasons and legal authorities, if any.

The Court is bound to hear the Defendant’s application first. The principle of audi alteram partem (right to fair hearing)
requires that the Defendant be given an opportunity to be heard, particularly since he has entered an appearance (albeit late) and
is seeking to regularize his processes. See Nalsa a& Team Associates Ltd. v. NNPC.
(c). Assuming the Court decides to hear first the application filed on 4 January 2025, state whether there is any
material/document required by the rules to be attached to the affidavit in support of that application and which, if not attached,
may lead to denial of the application.

The documents required to be attached to the affidavit in support of the application are the proposed pleadings i.e. the
memorandum of appearance, the statement of defense amd other relevant documents.

(d). Assuming, on the other hand, the Court decided to hear first the application filed on 22/12/2024 and then granted final
judgment as sought, and thereafter the Defendant brought a motion to set aside the judgment giving reasons, what are the
chances of success of such application to set aside?

The chances of setting aside the Judgement in Abuja High Court is high as pursuant to Order 12 Rule 11 of the FCT Civil
Procedure Rules 2025, Where judgment is entered under any of the preceding rules of the order, the Court may on an
application by the defendant set aside or vary such judgment on terms. The application shall be made within a reasonable time,
showing evidence of payment of penalty, a good defence to the claim and a reasonable cause for the default.

(e). Assuming the suit was at the Lagos State High Court, would your answer be different?

Yes, my answer would be different as Order 22 Rule 12 provides that any judgment entered upon default under this Order or
any provision of these Rules shall be final and valid. In shall only be set aside of grounds of grounds of fraud, non-service or
lack of jurisdiction and on such terms as the Court may deem fit.

QUESTION 4

Chief Femi Spaaco and his wife, Mrs. Ebi Spaaco, have for several years carried on the business of sale, supply and distribution
of cement under the business name Spaaco & Spaaco Enterprises, whose business office is located at Plot 10, Garrison Lane,
Ikoyi, Lagos. Spaaco & Spaaco Enterprises is a major contractor to NCC Construction Nigeria Limited, whose head office is at
23, Adeogun Street, Garki, Abuja. On 10 November 2024 Spaaco & Spaaco Enterprises entered into a contract with the
company to supply 200,000 bags of good quality cement to NCC Ltd at its branch office located at 22, Awolowo Way, Ikeja,
Lagos. The agreed contract sum was ₦50 million, out of which NCC Ltd paid ₦20 million as a down payment, as agreed. The
agreement further stipulated that the entire 200,000 bags of cement must be supplied to the agreed location within two weeks
from the date of the contract, while the balance of ₦30 million would be paid by NCC Ltd within 30 days from the date of
completion of supply. Spaaco & Spaaco Enterprises did the supply in two tranches of 100,000 bags each; the second tranche
was supplied on 22 November 2024. However, NCC Ltd has failed till date to pay the outstanding sum of ₦30 million, despite
several demand letters sent to it by Spaaco & Spaaco Enterprises. In reply to the last letter delivered to NCC Ltd in this respect,
lawyers to NCC Ltd, BenTen Legal Partners, replied that the cement supplied by Spaaco & Spaaco Enterprises was of lower
quality than agreed, as a result of which NCC Ltd would pay only ₦22 million in full and final settlement of the outstanding
sum.

Spaaco & Spaaco Enterprises and its proprietors are aggrieved, and Chief Femi Spaaco has now instructed your law firm
(Brenda & Co., Legal Practitioners, 23 Awolowo Road, Ikoyi, Lagos, 08023334555, brendaco@gmail.com) to file an action in
court against NCC Ltd to recover the outstanding ₦30 million with interest.

ANSWER THE FOLLOWING QUESTIONS:

(a). Draft the Pre-Action Protocol to be attached to the originating processes (using the prescribed Form 01 in the Rules).
 STATEMENT OF COMPLIANCE WITH PRE-ACTION PROTOCOL
(Order 5 Rule 1(2)(e), Order 5 Rule 5(3)(d))
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
Suit No……………………

Between:
1. Chief Femi Spaaco
2. Mrs. Ebi Spaaco
(Trading under the name and style of Spaaco & Spaaco Enterprises)……Claimants
And
NCC Construction Nigeria Limited………………………………………Defendants

WE, BRENDA & CO., LEGAL PRACTITIONERS of 23 Awolowo Road, Ikoyi, Lagos, make Oath and say as follows:

1. We have complied with the directions of the Pre-Action Protocol as set out in Order 5 Rule 1(2)(e) of the High Court
Rules.
2. We have made attempts to have this matter settled out of Court with the Defendant and such attempts were
unsuccessful.
3. We have by a Written Memorandum to the Defendant set out our claim and options for settlement.
Dated at Lagos this ………………. Day of ………………2025

—————————————
Signature

Before Me
COMMISSIONER FOR OATHS.

(b). Assuming that after commencing the action, you noticed that the Defendant (NCC Ltd) has begun moving all its assets
from within jurisdiction to locations outside jurisdiction, state the steps you would take to stop the company and draft the
application you would file, without any supporting documents.

I would take steps to file action for a mareva injunction restraining the Defendants from moving its assets outside jurisdiction
by filing a motion ex-parte so I don’t out the defendant on notice, so property doesn’t disappear.
 IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
Suit No……………………
Motion No…………………

Between:
1. Chief Femi Spaaco
2. Mrs. Ebi Spaaco
(Trading under the name and style of Spaaco & Spaaco Enterprises)
……………. ……Claimants/Applicants
And
NCC Construction Nigeria Limited………………………Defendants/Respondent

MOTION EX-PARTE
BROUGHT PURSUANT TO ORDER 42 RULE 1 ORDER 43 RULE (1) OF THE LAGOS STATE HIGH COURT
(CIVIL PROCEDURE) RULES 2019 AND UNDER THE INHERENT JURISDICTION OF THE COURT

TAKE NOTICE that this honourable Court will be moved on the ______day of______________2025 at the hour of 9 O‘clock
in the forenoon or so soon thereafter as Counsel to the Claimant/Applicant may be heard praying this Honorable Court for the
Following reliefs:

1. AN ORDER OF MAREVA INJUNCTION restraining the Defendants/ Respondent from removing his assets within the
jurisdiction of this court, or disposing of them pending the determination of the matter filed before this court.

2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable court may deem fit to make in the circumstances.

Dated this………………….. Day of………………………………… 2025

______________________
Babatola Emmanuel Esq.
CLAIMANT/APPLICANT’S SOLICITORS
Tola & Co
7, Awolowo way, Victoria Island, Lagos
tolaq@gmail.com
07034972344.
FOR SERVICE ON:
BenTen Legal Partners,
Defendant/Respondent’s Solicitor
Plot 45 Ikeja way, Lagos.

(c). Write short notes on the following:

i. Differences between interlocutory applications and interim applications.

Interlocutors Application Interim Application

1. It is heard on notice to the other party It is usually heard ex-parte

2. It seeks reliefs that lasts until final Seeks relief that lasts for a shorter period, usually
 judgement or such further order pending the hearing of an interlocutory motion or
to preserve the status quo immediately

3. Requires a full hearing and argument from It is often based on urgent or exceptional cases
both parties that cannot wait for a hearing.

ii. State any five instances in which Motion Ex Parte is permissible in Civil Litigation.
A. An application for a Mareva injunction may be made ex-parte.
B. An application for an Anton pillar injunction is made by an ex-parte application.
C. Garnishee proceedings are usually brought by a motion ex-parte by the judgement creditor.
D. An application for leave to file petition for dissolution within two years is marriage is made ex-parte.
E. An application for an Interim injunction is usually made by an ex-parte application.

iii. Differences between an interlocutory order, interim order, and final order.

Type of Order Nature Duration

Interlocutory Order Temporary decision made after Lasts until the final judgment or
hearing both parties. further order.

Interim Order Emergency/urgent order made Lasts for a short period, e.g.,
ex parte. until a motion on notice is heard.

Final Order Disposes of the entire case or Permanent and brings litigation
issue on that issue to an end.

iv. Mention the factors the court would consider in deciding whether or not to grant an interim application.
A. There must be an urgency or imminent risk.
B. Preservation of res.
C. Prima facie case.
D. Irreparable damage
E. Balance of convenience.

QUESTION 5

Prof. Tom Tom is a well-known author and a lecturer in the Department of Private and Property Law at Abisana University,
located at 24–29 Dubara Road, Gwagwalada, Abuja, Nigeria. He has just been informed that some unknown persons are
producing copies of his latest book, "A Handbook of Civil Litigation in Nigeria", from an address in Ikoyi, Lagos—
specifically, 109 Awolowo Road, Ikoyi, Lagos.

Prof. Tom Tom sent Miss Amina Gogo as an undercover agent to the address, and she confirmed the report. Miss Gogo
discovered that the illegal activities were being carried out by a company named Gregon Publishing Nigeria Limited, whose
Managing Director and CEO is Mr. Greg Adilonba. During her investigation, she found that all the relevant equipment used for
the unauthorized reproduction of Prof. Tom Tom’s book was located within the premises. She also discovered hundreds of
illegally printed copies of the book and witnessed unauthorized printing taking place on-site.

Miss Gogo discreetly took photographs and videos of the activities and forwarded them to Prof. Tom Tom. Prof. Tom Tom is
aggrieved and has instructed you, as his counsel, to proceed to court to seek the necessary redress.

ANSWER THE FOLLOWING QUESTIONS:

(a) Assuming you have concluded plans to file the lawsuit, describe the immediate steps you would need to take to ensure the
preservation of relevant evidence pending the hearing and determination of the suit.

To preserve relevant evidence pending the hearing and determination of the suit, I would immediately apply to the court for an
Anton Piller Order.

(b) State the processes you would need to file in court for the purpose of preserving evidence as stated in Question 5(a) above.
The processes I would need to file for an Anton Pillar Order are:
- Motion ex-parte
- Affidavit
- Written Address

(c) Draft only the application (without any supporting documents) that you would file in court to achieve the objective of
preserving relevant evidence.

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Suit No……………

BETWEEN:
PROFESSOR TOM TOM ……………………………..CLAIMANT/APPLICANT
AND
1. GREGON PUBLISHING NIGERIA LIMITED
2. MR. GREG ADILONBA…………………DEFENDANTS/RESPONDENTS

MOTION EXPARTE
BROUGHT PURSUANT TO ORDER 26B OF THE FEDERAL HIGH COURT (CIVIL PROCEDURES) RULES OF
2009 AND SECTION 103 OF THE COPYRIGHT ACT 2022

TAKE NOTICE that this Honourable Court will be moved on the ………… day of ………….. 2025 at the hour of 9 O’clock in
the forenoon or so soon thereafter as the Counsel will be heard on behalf of the Claimant/Applicant praying the court for the
following orders:

1. AN ORDER OF ANTON PILLER INJUNCTION permitting the Claimant/Applicant to enter into the premises of the
Respondent at No. 109 Awolowo Road, Ikoyi, Lagos, in order to search, seize, detain and preserve the pirated copies of the
book titled “A Handbook of Civil Litigation in Nigeria”; and materials being used for piracy, and to keep or bring them to court
pending the hearing of the motion on notice already filed before this court.

2. AND FOR SUCH FURTHER ORDER OR ORDERS as the honourable court may deem fit to make in the circumstances.

Dated this………………….. Day of………………………………… 2025

______________________
Babatola Emmanuel Esq.
CLAIMANT/APPLICANT’S SOLICITORS
Tola & Co
7, Awolowo way, Victoria Island, Lagos
tolaq@gmail.com
07034972344
(d) What does it mean to "move a motion in terms of the motion paper"? What factor(s) may necessitate or justify moving a
motion in terms?
To "move a motion in terms of the motion paper" means that counsel is adopting the written motion and its supporting
documents (e.g., affidavit, exhibits, and written address) as the basis for the application, without adding any new oral
arguments, except for necessary clarifications or as invited by the court.

Moving a motion in terms of the motion paper is usually adopted where the opposing party is not interested in challenging the
motion. Or where the opposing counsel has agreed to the motion or has indicated no opposition. Also, where the motion is
procedural (e.g., extension of time, regularization, service by substituted means), and does not require elaborate oral
submissions.