How to Move an Application in a Court in Nigeria

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Moving an application in a Nigeria court can seem quite easy but for the new wigs or new timers in the legal profession, this is no small task. I have had some terrible experience with this, hence my eagerness to make sure no new law kiddo or experienced lawyer faces such terrible and embarrassing moment in court. Every Lawyer in Nigeria must know how to move an Application in a Court in Nigeria as there is no way to avoid it in court.

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Things to consider before moving an Application/Motion

Self-esteem: work on your self-esteem. You are a lawyer like any other lawyer in court. You have the same right to represent any client in court like any Senior Advocate of Nigeria or Queen’s Counsel (Equivalent of Senior Advocate in England).
Boldness: A lawyer must be bold or be able to fake his boldness. Honestly, boldness in court comes gradually as you progress in the profession. Work on your boldness.
Be prepared: Even though a case is slated for motion or application, the Judge might want to ask you one or two things about the case. Secondly, depends on the type of application a lawyer is asking for, some application can be granted or refused immediately and the substantial case proceeded to almost immediately.

Forget bad experience: learn to forgive yourself. Every lawyer just like you have had a fair share of their own bad experiences in court. Don’t dwell on previous negative experience before going to court. Believe you can do it. Tell yourself you are better and stronger when you feel sadden by such thought.

Master your case file: Unfortunately, most of the embarrassing moment lawyers’ face in court is caused because they are not fully abreast of the matter or case they intend to move such applications. Sometimes mere carelessness on the part of counsels can attract such embarrassing moment and sometimes this is as a result of senior lawyers just throwing the case files on Junior lawyers on the very day of the application. I will be writing a later post on mastering your case file in 15 minutes but for now, let’s focus on how to move an application in Nigeria.

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 SEE: Our video on how to move a motion/Application in a Nigerian Court 

 

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How to move an Application in a Court in Nigeria Proper:

We assume that this is an application by motion on notice. As a claimant counsel, you are to appear in court on the day stated. Once the court is in session, rise and address the court.

ADDRESSING THE COURT

“My Lord, I am Okusare Joseph O. appearing for the Claimant/Applicant. This case was slated for hearing today and claimant is ready to proceed with the case. (The Claimant’s Counsel sits while the defendant’s counsel rises to announce their appearance).”

“My Lord, before this honourable court is an application brought by way of Motion on notice, dated and filed on the 2nd April, 2017. The application is brought pursuant to Order.___ rule.___ (State the law for such prayers) of the Lagos State High Court (Civil Procedure) Rules 2012 and under the inherent jurisdiction of this honourable court.”

“With the kind permission of the court and subject to my Lord’s overriding convenience, we would proceed to move the application. (The court nods or approves…)”

“The application prays the honourable court for an Interlocutory Injunction restraining the defendants, their privies, agents and servants from converting the 20 Vehicles pending the determination of the substantive suit and for such further order(s) that this honourable court may deem fit to make in this circumstance.

In compliance with the practice direction of this honourable court, the application is supported by a 15 paragraph Affidavit dated 2nd April, 2017 deposed to by one Mr. Bright John. My Lord, we are placing heavy reliance on all the paragraphs of the same affidavit particularly paras 5-11  and 14. The affidavit has 3 annexure to wit: 15 copies of the purchase receipts.

Furthermore, the application is supported by a written address dated 2nd April, 2017. We adopt same as our brief of argument in this application and urge the court to treat it accordingly.

By way of adumbration, the thrust of the application is whether the court can grant such an application? As has been succinctly dealt in our brief of argument, the court can grant such an application where… (Itemize).

The defendants in their counter affidavit have not raised material traverse and as such we consider it unnecessary to file a further and better affidavit in opposition and we pray the court not to treat our hesitation as an admission of the fact deposed in the counter-affidavit (You don’t adumbrate in every situation).

We hereby move the application as par the motion paper and urge the court to grant the application. We humbly submit.

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Author Bio:

Joseph Okusare Joci is a lawyer and a blogger. He loves to help lawyers achieve their full potentials. He is passionate about law, emerging technologies, media, marketing and info tech issues.

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10 thoughts on “How to Move an Application in a Court in Nigeria

  • April 7, 2017 at 5:28 am
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    Good job bro. However, with regards to the part of the written address, it is most appropriate to say “we adopt the argument contained in the written address as our oral submission in support of the motion” rather than say we adopt it as our brief of argument. Brief of argument is just as same as the written address but used in court of appeal and it is also in writing.
    Ordinarily, we are supposed to argue orally for our motions…but to save time since we mostly restate what is contained in d address, we are better adopting it as our oral argument or submission.

    Reply
  • April 11, 2017 at 5:52 pm
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    This piece is wonderful and encompasses all what a lawyer on pupilage must know.

    Reply
  • November 24, 2017 at 6:27 am
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    I’m enlightened. But what are the procedures for adopting a final written address?

    Reply
    • December 1, 2017 at 9:50 am
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      Almost same way you adopt a Motion, just that sometimes you might have to adumbrate and use the opportunity to emphasize or clear any ambiguity in your Final Written Address.

      Reply
  • April 26, 2018 at 10:24 pm
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    This is one of best write up i read in all my stay in the Nigerian Law School.

    Reply
  • April 26, 2018 at 10:50 pm
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    What does it mean to move a motion in terms

    Reply
    • April 27, 2018 at 2:23 pm
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      Moving a motion in terms or moving in terms of the motion paper simply means moving the motion without the regular formalities involved in moving a motion. So there will be no need for you to go into much details as the “terms” or content of the paper is already before the court. You just simply ask for the court’s permission to move in terms and if the Judge permits it, you simply say I move in terms of the motion paper my Lord. This is usually allowed or used for harmless motions but it is all subject to the Judge discretion even for harmful motions.

      Reply
  • May 6, 2018 at 10:22 pm
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    Good. Must say however that since it is a Motion On Notice it is best practice for Counsel moving to inform the Court of the Service of the application on the Respondent otherwise the Court would lack the requisite jurisdiction to entertain same.

    Reply
  • May 13, 2018 at 7:25 pm
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    I wish you would make a video of making an oral argument in support of a motion.

    Reply
    • May 15, 2018 at 6:35 pm
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      We will give that a thought. Thanks

      Reply

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