Nigerian Bar Final (Bar Part II) Civil Litigation

Which of the following is the primary constitutional source of authority empowering State Chief Judges in Nigeria to make High Court Civil Procedure Rules?

• ASection 274 of the 1999 Constitution of Nigeria
• BSection 251 of the 1999 Constitution of Nigeria
• CThe Legal Practitioners Act
• DThe High Court Law of the respective State

Under Section 251(1)(d) of the 1999 Constitution of Nigeria (as amended), which of the following disputes falls outside the exclusive jurisdiction of the Federal High Court?

• AA dispute arising from a simple banker-customer contract or transaction
• BA dispute involving the federal government's revenue
• CAn action relating to customs and excise duties
• DA dispute concerning copyright, patents, and trademarks

An unincorporated association, such as a social club or community group that is not registered under Part F of the Companies and Allied Matters Act (CAMA), intends to bring an action in court. What is the proper procedure?

• AThey must sue representatively in the names of designated members on behalf of themselves…
• BThey can sue in the registered name of the association's president.
• CThey can sue in the name of the association itself since it is a popular organization.
• DThey cannot bring any action in court under any circumstances.

Where a minor (infant) under Nigerian civil procedure rules intends to initiate a civil action, which of the following is required?

• AThe minor must sue through a next friend who is a juristic person.
• BThe minor must wait until they turn 18 to initiate any civil action.
• CThe minor must sue directly in their own name but with a parent as a co-plaintiff.
• DThe minor must sue through a guardian ad litem.

What is the legal effect of instituting a civil suit against a person who is deceased at the time the action is filed?

• AThe suit is a nullity ab initio because a dead person is not a juristic person.
• BThe suit will be stayed until the administrators of the estate are substituted.
• CThe suit remains valid and the court will proceed to give judgment against the estate.
• DThe court will order the bailiff to serve the process on the closest living relative.

What is the primary legal consequence if a plaintiff fails to serve a statutory pre-action notice on a public corporation before commencing a civil suit?

• AThe suit is incompetent and liable to be struck out or stayed, but the court's jurisdicti…
• BThe court is permanently deprived of jurisdiction and the plaintiff can never sue that pu…
• CThe public corporation is automatically deemed to have admitted all claims.
• DThe plaintiff will be ordered to pay a nominal fine, but the trial will proceed immediate…

Under Nigerian civil procedure, in which of the following circumstances is an Originating Summons the most appropriate mode of commencing an action?

• AWhere the main issue is the construction of a written law, document, contract, will, or d…
• BWhere the plaintiff's claim is for damages arising from a motor vehicle accident.
• CWhere the plaintiff is seeking a divorce and custody of children.
• DWhere the dispute involves complex allegations of fraud and oral testimony is required.

Applying the Supreme Court decision in Okafor v. Nweke, which of the following signatures renders an originating process invalid and incompetent?

• AA signature in the name of the law firm: "J. K. Gadzama & Partners"
• BA signature of the lawyer in person: "J. K. Gadzama, Esq."
• CA signature by the litigant in person: "Chidi Okafor (Plaintiff)"
• DA signature format: "J. K. Gadzama, Esq. (J. K. Gadzama & Partners), Legal Practitioner f…

Under the High Court Rules of most states (e.g., Lagos and Abuja), what is the first step a plaintiff must take before applying to the court for substituted service of an originating process?

• AAn attempt at personal service must have been made by the bailiff or authorized process s…
• BThe plaintiff must publish the process in a national daily newspaper.
• CThe plaintiff must write a formal warning letter to the defendant.
• DThe plaintiff must apply for leave to serve the defendant outside jurisdiction.

Where an originating process issued in the High Court of Lagos State is to be served on a defendant in Kaduna State, which statutory provision must be complied with regarding the endorsement on the process?

• ASection 97 of the Sheriffs and Civil Process Act (SCPA)
• BSection 251 of the Constitution
• COrder 3 of the Lagos State High Court Rules
• DThe Legal Practitioners Rules of Professional Conduct

Under Section 99 of the Sheriffs and Civil Process Act (SCPA), what is the minimum statutory period that must be allowed for a defendant served with a writ of summons outside the state of issue to enter an appearance?

• ANot less than 30 days
• BNot less than 8 days
• CExactly 14 days
• DExactly 42 days

Under Nigerian law, how must service of a court process be effected on an incorporated company (a corporation registered under CAMA)?

• ABy leaving it at or sending it by post to the registered office of the company, or giving…
• BBy personally serving it on any shareholder of the company.
• CBy pasting it on the door of any branch office of the company without court order.
• DBy publishing it in a national newspaper immediately.

What is the primary function of the Pre-Action Counseling Certificate required to be filed by a legal practitioner under the Lagos State High Court (Civil Procedure) Rules?

• ATo certify that the lawyer has advised the client on the strengths and weaknesses of the…
• BTo certify that the client has paid all legal fees in full.
• CTo guarantee to the court that the plaintiff will win the case.
• DTo confirm that the writ has been served on the defendant.

Under Section 254C of the 1999 Constitution of Nigeria (as amended), which of the following courts has exclusive jurisdiction over matters relating to labor, employment, and industrial relations?

• AThe National Industrial Court of Nigeria (NICN)
• BThe Federal High Court
• CThe State High Court
• DThe Investment and Securities Tribunal

Where a plaintiff seeks to serve an originating process on a defendant who resides outside the territorial boundaries of Nigeria, what must the plaintiff do first?

• AApply by motion supported by affidavit for leave of the court to issue and serve the proc…
• BSend the process by ordinary email or WhatsApp messages to the defendant.
• CPaste the process on the outer wall of the foreign embassy of the country where the defen…
• DInstruct a local bailiff to travel to the foreign country to effect personal service.

Which of the following matters is expressly excluded from the jurisdiction of a Magistrate Court in Nigeria?

• AAn action involving the determination of title to land
• BAn action for the recovery of rent and possession of premises
• CA claim for liquidated damages up to the Magistrate's monetary limit
• DA simple contract claim for debt recovery

Under the High Court Civil Procedure Rules, what is the legal effect of a misjoinder or non-joinder of parties to a civil action?

• AIt does not defeat the action; the court may still deal with the matter in dispute so far…
• BThe suit will be automatically dismissed by the court for incompetence.
• CThe plaintiff must withdraw the suit and file a fresh action from the beginning.
• DThe court will order the plaintiff's lawyer to be struck off the roll.

Where two or more persons claim partners' rights or are liable as partners, they may sue or be sued in which of the following names?

• AIn the name of the firm of which they were partners at the time the cause of action accru…
• BIn the individual names of all partners joined as co-plaintiffs.
• COnly in the name of the managing partner of the firm.
• DThey must register a limited liability company before they can sue.

Which of the following originating processes is used to commence a petition for dissolution of marriage (divorce) in the High Court under the Matrimonial Causes Rules?

• AA Petition
• BA Writ of Summons
• CAn Originating Summons
• DAn Originating Motion

Where an originating process is served on a defendant, what is the purpose of filing proof of service (such as an affidavit of service) in the court registry?

• ATo provide prima facie evidence to the court that the process was actually and legally se…
• BTo allow the plaintiff to claim refund for service expenses from the court.
• CTo prove that the plaintiff has a good case on the merits.
• DTo inform the defendant about the date of the next trial session.

What is the fundamental rule governing the contents of pleadings under Nigerian civil procedure?

• APleadings must state material facts only, and not the law or evidence by which those fact…
• BPleadings must contain legal arguments and references to decided case laws.
• CPleadings must contain verbatim transcripts of witness testimonies.
• DPleadings must contain only the final monetary demands of the parties.

What is the legal implication of a general denial in a Statement of Defence under Nigerian rules of pleadings?

• AA general denial is insufficient; a defendant must deal specifically with each allegation…
• BA general denial automatically shifts the entire burden of proof to the court.
• CA general denial is the preferred method to deny allegations of fraud.
• DA general denial entitles the defendant to summary judgment.

If a plaintiff wishes to introduce new facts in response to allegations raised in the Defendant's Statement of Defence, what is the appropriate pleading to file?

• AA Reply to the Statement of Defence
• BAn amended Statement of Claim without leave of court
• CA written address on points of law
• DAn interlocutory injunction application

Where a defendant believes they have a distinct claim against the plaintiff arising from the same transaction or otherwise, how should this claim be raised in the suit?

• ABy filing a Counterclaim alongside the Statement of Defence.
• BBy initiating a separate suit and asking for it to be heard first.
• CBy raising it orally during cross-examination of the plaintiff.
• DBy filing a Motion on Notice for summary judgment.

Under the Lagos State High Court Rules (Summary Judgment procedure), what documents must a plaintiff file alongside the Writ of Summons and Statement of Claim to qualify for summary judgment?

• AWitness statements on oath, copies of exhibits, and a written address in support.
• BA Motion on Notice for interlocutory injunction.
• CA Pre-action counseling certificate only.
• DA certified copy of the defendant's criminal record.

What is the primary difference between a Motion Ex Parte and a Motion on Notice in interlocutory applications?

• AA Motion Ex Parte is heard without notice to and in the absence of the other party, while…
• BA Motion Ex Parte requires a fee, while a Motion on Notice is free.
• CA Motion Ex Parte is filed only in the Supreme Court, while a Motion on Notice is for Hig…
• DA Motion Ex Parte is signed by the judge, while a Motion on Notice is signed by the regis…

What type of affidavit is filed by a respondent who intends to dispute the facts alleged in a applicant's Motion on Notice?

• AA Counter-Affidavit
• BA Further Affidavit
• CAn Affidavit of Urgency
• DAn Affidavit of Service

Where a party seeks to restrain another party from carrying out an action (e.g., demolishing a building) during the pendency of a civil suit, what application should be filed?

• AAn application for Interlocutory Injunction
• BAn application for Summary Judgment
• CAn application for Garnishee Order
• DA Petition for dissolution of marriage

Which of the following is a mandatory condition an applicant must satisfy to be granted an interlocutory injunction?

• AAn undertaking to pay damages if the injunction is later found to have been improperly gr…
• BA guarantee that the applicant will win the main case.
• CPayment of a security deposit equal to the value of the disputed property.
• DA written apology to the respondent.

Under Nigerian law, what is the lifespan of an interim injunction granted pursuant to an ex parte application?

• AIt has a short and temporary lifespan, expiring automatically after a few days or upon th…
• BIt lasts indefinitely until the final judgment of the High Court.
• CIt lasts for exactly 6 months by law.
• DIt is permanent and cannot be set aside by the court.

Where a defendant fails to file a Statement of Defence within the time prescribed by the High Court Rules, what application can the plaintiff file?

• AAn application for default judgment (Judgment in Default of Defence)
• BAn application for interlocutory injunction
• CA Motion to strike out the writ of summons
• DAn application for leave to appeal

What must a defendant do if they wish to set aside a default judgment entered against them due to their failure to file a defense?

• AApply by motion to the same court showing a good reason for the default and a proposed de…
• BFile an appeal directly to the Court of Appeal within 24 hours.
• CIgnore the judgment and wait for the execution to occur.
• DFile a fresh suit against the plaintiff in another High Court.

Under the High Court Civil Procedure Rules, when is a party entitled to amend their pleadings without leave of court (amendment as of right)?

• AOnce, at any time before the close of pleadings or before the expiration of the time limi…
• BAt any stage of the trial, including during final addresses.
• COnly after the case has been decided and judgment delivered.
• DNever; all amendments require formal application and court approval.

What is the primary purpose of a "Third Party Notice" under Nigerian civil procedure rules?

• ATo enable a defendant to bring into the suit a third party from whom they claim contribut…
• BTo allow a member of the public to watch the court proceedings.
• CTo notify the police about a civil dispute.
• DTo serve the court summons on a witness.

What is the standard procedure for a defendant who intends to contest the jurisdiction of the High Court to hear a suit commenced against them?

• AFile a Motion on Notice seeking to strike out or dismiss the suit for want of jurisdictio…
• BRefuse to appear in court and write a letter of protest to the President of the Court of…
• CRaise the objection orally on the day scheduled for the plaintiff to open their case.
• DWait until the Supreme Court stage to raise the issue of jurisdiction.

Which of the following describes the legal doctrine of "demurrer" as it relates to modern Nigerian civil procedure?

• ADemurrer (raising an objection that pleadings show no cause of action without filing a de…
• BDemurrer is the mandatory first step before filing any writ of summons.
• CDemurrer is a type of final judgment delivered after hearing witnesses.
• DDemurrer is the process of seizing a debtor's bank account.

What is the purpose of an application for "Security for Costs" under the High Court Civil Procedure Rules?

• ATo require a plaintiff (often residing outside jurisdiction or insolvent) to deposit mone…
• BTo pay the bailiff for serving the processes.
• CTo pay the judge's sitting fees.
• DTo secure the release of a defendant who has been arrested.

Where a plaintiff's claim is for a liquidated money demand (a specific debt or sum) and the defendant fails to enter an appearance, what procedure enables the plaintiff to obtain judgment quickly in FCT Abuja?

• AThe Undefended List procedure (Order 35 of the FCT Rules or similar)
• BA full trial with oral evidence and written addresses
• CAn application for interim injunction ex parte
• DA petition to the Chief Judge of Nigeria

What is the legal definition of a "liquidated money demand" in the context of summary judgment and recovery of debts?

• AA specific sum of money that is either already ascertained or capable of being calculated…
• BA claim for damages arising from defamation or injury.
• CA claim for the division of matrimonial property.
• DAny claim that exceeds 100 million Naira.

Where a party wishes to inspect documents referred to in the other party's pleadings that have not been physically attached, what procedure should be used?

• ADiscovery and Inspection of Documents
• BA Motion for interlocutory injunction
• CA written petition to the Chief Registrar
• DAn application for summary judgment

Under Nigerian civil procedure, what are "Interrogatories"?

• AWritten questions served by one party on another, with the court's leave, which must be a…
• BOral questions asked by a judge during a trial.
• CThe process of cross-examining an hostile witness.
• DWritten warnings sent to a tenant before eviction.

What is the legal effect of a party failing to comply with an order of the court to answer interrogatories or discover documents?

• AThe party's action may be dismissed (if a plaintiff) or their defense struck out (if a de…
• BThe party's lawyer will be immediately suspended from practicing law.
• CThe party will be ordered to pay a nominal fine, but no other action is taken.
• DThe case will be automatically transferred to the police for criminal investigation.

Where a defendant has filed a defense, but the plaintiff believes that the defense is sham, frivolous, or discloses no reasonable answer to the claims, what application can the plaintiff make under the rules of pleadings?

• AAn application to strike out the defense on the ground that it discloses no reasonable de…
• BA motion to strike out the plaintiff's own Statement of Claim.
• CAn application for the arrest of the defendant.
• DA petition to transfer the case to the FCT High Court.

Which of the following describes the purpose of a "Consolidation of Actions"?

• ATo combine two or more pending suits involving the same parties or common questions of la…
• BTo merge the High Court and the Magistrate Court into one single court.
• CTo combine the statement of claim and the statement of defense into one document.
• DTo close the case and deliver judgment immediately.

What is the legal effect of a defendant filing an unconditional appearance (entering a general appearance) before raising a preliminary objection to a procedural irregularity in the service of the writ?

• AThe defendant is deemed to have waived the right to object to the procedural irregularity.
• BThe plaintiff's suit is automatically struck out.
• CThe defendant's right to object is preserved indefinitely.
• DThe court will order the bailiff to re-serve the process.

What is the primary objective of the Pre-Trial Conference (PTC) or Case Management Conference (CMC) under modern High Court Rules in Nigeria?

• ATo narrow down the issues in dispute, explore settlement (ADR) options, and establish a c…
• BTo allow the judge to decide the case without hearing any witnesses.
• CTo allow the plaintiff to amend their statement of claim to double the damages.
• DTo enable the parties to exchange gifts with the court officials.

If a plaintiff fails to attend the scheduled Pre-Trial Conference (PTC) or case management session without reasonable excuse, what is the consequence under the rules?

• AThe court may dismiss the plaintiff's action for want of prosecution.
• BThe court will automatically enter judgment in favor of the plaintiff.
• CThe plaintiff's lawyer will be arrested by the police.
• DThe case will be suspended for a mandatory period of 5 years.

Under Nigerian civil procedure, what is the proper sequence of examination of a witness who has been called to testify at a trial?

• AExamination-in-chief, Cross-examination, Re-examination
• BCross-examination, Examination-in-chief, Re-examination
• CRe-examination, Examination-in-chief, Cross-examination
• DExamination-in-chief, Re-examination, Cross-examination