THE REDEEMED CHRISTIAN CHURCH OF GOD

HALL OF MERCY
ACADEMIC UNIT
PRE-BAR (FINAL) EXAMINATIONS
CIVIL LITIGATION
MARKING SCHEME.1
QUESTION 1 (compulsory)
a. The preliminary considerations are:
i. Is there requirement to serve pre – action notice?
ii. Have alternative dispute resolution mechanisms been
exhausted?
iii. Is there a cause of action?
iv. Which court has jurisdiction?
v. Who are parties to the action?
vi. Locus standi of the party
vii. Limitation of action
viii. Condition precedent
Any four

b. The first step to take would be to initiate mediation

proceedings with the Council of Legal Education, as the
agreement provides that disputes arising from the contract
shall first be resolved by mediation, and then litigation if
mediation fails.

c. The most expeditious originating process that will be used to

commence the action is the Writ of summons. This because the
partners intend to recover the sum of N1500,000.00 (One
Hundred Five Million Naira) only being the balance of the
contract sum. The appropriate action for this purpose at the

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Prepared by the Academic Team of RCCG Hall of Mercy and Oluwole Olatunde, Esq. Academic Coordinator and
Co-ordinating Facilitator @ Legal Learning Academy 07069429036

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 High Court is under Summary judgment procedure under Order
11 and Order 35 Abuja Rules, 2018.

d. Motion on Notice for Amendment

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIARY DIVISION
HOLDEN AT ABUJA
Suit No: ___________

BETWEEN

BISI AND BISOLA BADMUS ----------------------------

CLAIMANTS/APPLICANTS
(SUING UNDER THE NAME AND STYLE
OF B-SQUARE)

AND

COUNCIL OF LEGAL EDUCATION -----------DEFENDANT/RESPONDENT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 25 RULE 1 OF THE HIGH COURT OF THE
FEDERAL CAPITAL TERRITORY (CIVIL PROCEDURE) RULES 2018 AND
UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

TAKE NOTICE that this Honourable Court will be moved on the __day
of___20… at the hour of 9 o’clock in the forenoon or so soon
thereafter as counsel on behalf of the Claimants/Applicants may be
heard praying this Honourable court for the followings:

1. AN ORDER granting leave to the Claimants/Applicants to amend

the name of the Claimants to read:

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i. Bisi Badmus
ii. Bisola Badmus
(Trading under the name and style of B-Square)

2. AND FOR SUCH ORDER OR FURTHER ORDERS this Honourable Court

may deem fit to make in the circumstances.

DATED the ………..DAY OF ……….., 2023

___________________
MASON MOUNT
Claimants’ Counsel
No 5, Chelsea Street,
Maitama, Abuja.
Telephone:
09011122333;
Email:
[email protected]

Service on:

THE DEFENDANT/RESPONDENT
Council of Legal Education Maitama, Abuja.
NB: any student who seeks to amend the name to other ways of
suing a partnership other in the name of the partners above is
correct.

e. Claimants Statement of claim

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIARY DIVISION
HOLDEN AT ABUJA

SUIT NO:___________
BETWEEN
1. BISI BADMUS
2. BISOLA BADMUS
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 (Trading under the name and style of B-Square) ---------------
CLAIMANTS

AND

COUNCIL OF LEGAL EDUCATION -----------------------DEFENDANTS

STATEMENT OF CLAIM
1. The Claimants are business men trading under the name and
style of B-Square with its registered office address at
No……………………….
2. The Defendant is a Statutory body established under the laws
of the National Assembly of the Federal Republic of Nigeria
with is corporate address at No…………..
3. The Claimants avers that on the 25th January, 2023, the
Claimant executed a computer repair service contract with
the Defendant to repair 2000 (Two Thousand) computer
belonging to the Defendant in all 6 (Six) Campuses and the
Headquarters. The said Contract is hereby pleaded and shall
be relied upon during trial.
4. The parties agreed on a consideration of N200, 000,000.00
(Two Hundred Million Naira) as payment for the repair
services to be rendered by the Claimants. The contract also
provided that dispute arising for the contract should be
resolved by mediation and the litigation if mediation fails.
5. The Claimants avers that it was only 1500 (One Thousand Five
Hundred) of the computers that the Claimants were able to
repair out of the 2000 (Two Thousand) computer marked for
repair.
6. The Claimant further avers that the services of APC
computer Technicians was secured to access the state of
damage of the remaining 500 (Five Hundred) computers.
7. The Claimant avers that APC computer Technicians upon
completion of the assessment found that the remaining 500

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 (Five Hundred) computers were irreparably bad. The
Claimant on the 10th day of June 2023 immediately
forwarded the report of the repair work to the Defendant
and demanded for the agreed sum of N200, 000,000.00 (Two
Hundred Million Naira) being the consideration for the service
rendered.
8. The Claimant avers that the Defendant responded the
following day denying liability of the tune of N200, 000,000.00
(Two Hundred Million Naira) and admitting liability of only
N150, 000,000.00 (One Hundred and Fifty Million Naira) and
immediately paid the said sum into the Claimants’ account.
The said letters are hereby pleaded and shall be relied upon
during trial.
9. The Claimant had writing several letters of demand to the
Defendant to pay the balance of N50, 000,000.00 (Fifty Million
Naira) of the agreed sum and the Defendant has failed and
refused to pay the Claimant.
10. WHEREOF the Claimants claim against the Defendant as
follows;
a) The sum of N50, 000,000.00 (Fifty Million Naira) being the
balance sum of the contract as special damages
b) The sum of N10, 000,000.00 (Ten Million Naira) as general
damage
c) 15 % interest rate on the judgment sum till final payment.

DATED the ………..DAY OF ……….., 2023

_______________
MASON MOUNT
Claimants’ Counsel
No 5, Chelsea Street,
Maitama, Abuja.
Telephone:
09011122333;

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 Email:
[email protected]
For service on:
THE DEFENDANT
Council of Legal Education
Maitama

f. The Sheriff is to commence Sheriff’s interpleader summons for

the partners and Mr. Eden, to appear in court to state the
nature and particular of their respective claims on the motor
vehicle.
Order 48 R 1 High Court of the FCT, Abuja (Civil Procedure)
Rules, 2018. Section 34 Sheriffs and Civil Processes Act.

g. The fact that the applicant will depose to in the affidavit in

support of the application are as follow:
i. He claims no interest in the subject matter of the dispute
other than for charges or costs.
ii. He does not collude with any of the rival claimants.
iii. He is willing to pay or transfer the subject matter to the court
or to dispose of it as the court may direct.
iv. That the vehicle is in the applicant’s custody.

QUESTION 2

i. The conditions precedents to the court assuming jurisdiction

in the matter are:
a. The marriage must be a statutory marriage that was
contracted under the Marriage Act. Chukwuma v.
Chukwuma
b. The petitioner must be domiciled in Nigeria S.2 (2) MCA;
Bhojwani v Bhojwani. A person domiciled in any state of the
Federation will be deemed to be domiciled in Nigeria.

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ii. The facts stated under S.15 (2) MCA on which Quadri
Olanipekun can rely on to bring an end to the marriage are:
a. That the Respondent has willfully and persistently refused
to consummate the marriage;
b. That since the marriage, the Respondent has committed
adultery and the petitioner finds it intolerable to live the
Respondent;
c. That since the marriage, the Respondent has behaved in
such a way that the Petitioner cannot reasonably be
expected to live with the Respondent. S. 15 (2) (a-c) MCA

iii. The documents that I will file in court at the time of

commencing the action and their purpose are:
a. The Petition: This is the court process by which the action
will be commenced
b. Notice of the Petition: This gives notice to the Respondent
that a petition has been filed against her and also gives
instructions as to the steps the Respondent may wish to take
in the matter.
c. Acknowledgement of Service: This is proof that the petition
has been served on the respondent. It is also be this means
that the Respondent will indicate whether or not she intends
to defend the action. All these information will be
completed in the acknowledgement of service and
returned to the Registrar of the court.
d. Marriage Certificate: This is to establish that a valid
marriage exists between the parties which is sought to be
dissolved.
e. Verifying Affidavit: This is to verify on oath the truthfulness
of all the facts stated in the petition
f. Certificate of reconciliation: This shows that counsel had
made attempts to reconcile the parties

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iv. Before Quadri Olanipekun can join Alhaji Owonikoko as a
party in the action in view of the adultery committed he
must fulfill the following conditions:
a. He must have pleaded adultery as a fact he is relying
upon to dissolve the marriage.
b. He must not have condoned the adultery committed by
the Respondent
c. The adultery must not have been committed for a period
of more than 3 years before the date of the petition.

v. The condition that must be fulfilled in order to tender an

email correspondent between Adeola Olanipekun and
Alhaji Owonikoko which was printed from the computer is to
lay proper foundation by producing a certificate or oral
evidence by a person having control of the computer
testifying to the fact that:
a. That the said document was produced by the computer
which was, at the material time, in regular use of storing and
processing information.
b. That the document was produced by the computer in the
ordinary course of business
c. That the computer was in good working condition at all
material times or to the extent that the computer did not
properly work, it had not affected the production of the
email/document.
S. 84 Evidence Act/ Kubor v Dickson
vi. Heading of the petition for dissolution of marriage up to title.

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
PETITION NO:______

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 BETWEEN
QUADRI OLANIPEKUN ------------------------------------- PETITIONER

AND

ADEOLA OLANIPEKUN ----------------------------------------RESPONDENT

ALHAJI OWONIKOKO -----------------------------------CO –RESPONDENT

PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE

QUESTION 3

i. The position of the law is that it is only the primary evidence

(original) of a document that is admissible in evidence. S.86
Evidence Act
However, where the primary evidence is not available the
secondary evidence will be admissible if proper foundation is
laid. S.87 Evidence Act
In the instant case, it was invalid and wrong for the court to
have admitted the certificate of incorporation certified by
the court Registrar because it was improperly certified and
proper foundation was not laid.

ii. The ground of objection that I would raise against the CTC in
this case is that the document was not certified by the
appropriate authority authorized by law to issue certificate
of incorporation. S. 104(3) EA. it is the Registrar General of
Corporate Affairs Commission that has authority to certify a
certificate of incorporation. (Proper custody)

iii. The criteria for the validity of the CTC of a public document
is as follows:
a. It must be issued by a person duly authorized as having
custody of the public document;

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 b. The proper fees paid for certified copy must be
subscribed therein
c. It must be written at the foot of the copy that it is a true
copy of such document
d. It must be dated and signed by the certifying officer with
his name and official title subscribed. S. 104 EA

iv. The application I will make to the court is application for stay
of proceedings pending appeal by motion notice supported
with an affidavit and written address. This is because failure
to do so, the substantive suit will be going on together with
the appeal.

v. The steps I will take to enable my witness adopt his statement

on oath are;
a. Tell this honorable court your name address and
occupation?
b. Did you make any statement on oath in relation to this
suit?
c. If you see the statement will you recognize it?
d. How will you recognize it?
e. Is this your statement on oath?
f. What do you want to do with the statement?

QUESTION 4 (compulsory)

a. The Judgement of Election Tribunal was regular as it was being

delivered within 180 days as required by S. 285 of 1999
Constitution as amended and S. 9 third alteration of the
constitution.

b. Yes the court of appeal has jurisdiction to hear the appeal

because appeals from Governorship Election Tribunal lies to
the Court of Appeal. – see S. 246 of CFRN.
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 c. The Supreme Court can entertain appeal because appeals
from Court of Appeal in Governorship Election Tribunal lies to
the Court of Appeal – see S. 233 of CFRN and S. 6 of third
alteration of the Constitution.

d. The documents are:

i. The Petition
ii. List of Witnesses to prove Petition
iii. Written statement on Oath of the Witnesses
iv. Copies of list of every document to be relied on at the hearing
of the petition
See- Paragraph 4(5) first schedule Electoral Act

e. Draft
IN THE GOVERNORSHIP ELECTION PETITION TRIBUNAL
HOLDING AT EKITI STATE
Petition No___________

IN THE MATTER OF GOVERNORSHIP ELECTION HELD ON 24TH JULY,

2021

BETWEEN
1) MR. JONAH BINGO
2) (Any Political party)_______________PETITIONERS

AND

1) HON. DIKO BELLO

2) (Any Political party)
3) INDEPENDENT NATIONAL
ELECTORAL COMMISSION (INEC) ______________RESPONDENTS

RELIEFS SOUGHT/PRAYER

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 1. WHEREOF the Petitioner pray jointly and severally against the
Respondents as follows:
a. that the 1st Petitioner has a majority of lawful votes cast and
has satisfied the constitutional requirement to be returned as
the winner of the election.
b. that the 1st Respondent was not duly elected by a majority of
lawful votes cast the election for the Governorship election of
Ekiti State.
c. that the 1st Petitioner be declared validly elected or returned
as the winner of the said election.

IN THE ALTERNATIVE

d. that the said election was vitiated by substantial non-

compliance with the mandatory statutory requirements which
substantially affected the validity of the said election.
e. that the said election for the Governorship election of Ekiti
State on the 24th July 2021 is void on the ground that the
election was not conducted substantially in accordance with
the provisions of the Electoral Act 2022

f. The grounds are as follows:

i. That Hon. Tika Joshua at the time of the election, was not
qualified to contest the election
ii. That the election was invalid by reason of the corrupt
practices or non-compliance with the provisions of the
Electoral Act
iii. That Hon. Tika Joshua was not duly elected by the majority of
lawful vote cast at the election
iv. That Hon. Tika Joshua had submitted to the Commission
affidavit containing false information of a fundamental nature
in aid of his qualification for the election. (Note that is ground
bothers on qualification) See- S. 134 Electoral Act 2022.

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g. The standard of proof in that respect must be beyond
reasonable doubt because it bothers on allegation of crime.
See- Nwobodo v. Onoh, Omoboriowo v. Ajasin
h. Mr. Ishmale can bring his action before the Federal High Court
and he is expected to file is action within 14 days of the
occurrence of the event been challenged. See Section 285
(9), (14) 1999 Constitution of the Federal Republic of Nigeria
(as amended). The action is a pre-election matter.

i. Question 1 put to the witness is not a leading question as

stated by the Respondent Counsel. The question is rather a
closed question. Leading questions are questions which
suggest the answer to the witness while closed questions are
questions which have limited answers like yes or no. Note that
leading questions are permitted in cross examination. See.
Section 221 Evidence Act.

j. The Court was right in upholding the objection to question 2

because the question is an example of indecent and
scandalous not permitted in examination of witnesses under
the Evidence Act. Section 227 Evidence Act.

k. The procedure adopted by the Petitioner’s Counsel on Q4 to

contradict the witness is by discrediting the witness by showing
that his evidence is unworthy of belief by reason of his lack of
honesty.

l. Yes I would have asked question 4 because the question was

used to discredit the witness thereby destroying the case of
the Respondent.

m. The witness conduct in answering question 5 was not

proper. The witness attempt to refresh his memory by
consulting his diary. As a rule, a witness is not allowed to give

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 his evidence by referring to a prepared statement. However,
the law permits a witness to refresh his memory in oral
examination by referring to any document written by him or
which came into his possession soon after the event relating to
which he testifies as a witness in other to remind himself of the
facts. See Section 239 Evidence Act.

n. The Conduct of the Petitioner’s Counsel towards the

Respondent’s counsel regarding objection to question 2 was
unprofessional. He is expected to treat the Respondent’s
counsel with respect, fairness, consideration and dignity. Rule
26(1) RPC

Question 5

a. I will commence the action in either the High Court of the

Federal Capital Territory, Abuja or the Federal High Court. This is
because the matter bothers on a dispute between a customer
and its bank and both courts have jurisdiction. Section
251(1)(d) Constitution; NDIC V. Fed. Mortgage Bank of Nig.;
NDIC v. Okem Enterprises Ltd & Anor.

b. The necessary parties to the action shall be Emirates Bank Plc,

as the Claimant and Liverpool Bank PLC as the Defendant for
the action at the High Court of the Federal Capital Territory,
Abuja.

If the action is filed at the Federal High Court, the parties will be
Emirates Bank Plc as the plaintiff and Liverpool Bank Plc as the
defendant. Mobil V LASEPA; Green v Green; 0. 13, R.18(3) FCT.
Abuja, 2018.
The reason is that the two banks have corporate personality
from their Managing Directors and members.

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c. The affidavit in support of writ of summons pursuant to 0. 35, r. I
FCT, Abuja, 2018, will be drafted to reflect my client's
instructions, as follows:

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,

ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT
NO:_________

BETWEEN
EMIRATES BANK PLC -----------------------------------------CLAIMANT

AND

LIVERPOOL BANK PLC --------------------------------------DEFENDANT

AFFIDAVIT IN SUPPORT OF WRIT OF SUMMONS

I Bukayo Saka, male, Nigerian, Christian, banker of No. I

Emirates Street, Maitama Federal Capital Territory, Abuja,
make oath and state as follows:

1. That I am the managing director of the

Claimant/Applicant bank, by virtue of which position I am
conversant with the facts deposed hereto.
2. That I have the consent and authority of the
Claimant/Applicant to depose to this affidavit.
3. That in December 2019, the Claimant/Applicant entered
into an agreement with the Defendant whereby the
Claimant placed the sum of N100, 000, 000 (Hundred Million
Naira) with the Defendant for 12 months on a time deposit. A
copy of the Deposit Agreement is attached herewith and

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 marked exhibit CB 1.
4. The placement was made for a term of 12 months at the
interest rate of 10% per annum.
5. Upon the expiration of the agreed 12- month term, the
defendant has failed, neglected and or refused to repay the
sum of N100, 000,000 (Hundred million naira) with the
accrued interest despite several demands by letters made
by the claimant for the repayment.
Attached herewith and marked "Exhibit CB 2" and "Exhibit CB
3" are copies of letters of demand dated is April 2020 and
2nd May 2021
6. That the Defendant has no defence to the Claimant's
claim.
7. That the application be granted in the interest of justice.
8. That I make this affidavit in good faith, believing the
contents to be true to the best of my knowledge and in
accordance with the Oaths Act, 2004 Laws of the
Federation.
_______________
Deponent
Sworn to at the High Court Registry, Abuja
this...day of... 2022

BEFORE ME

COMMISSIONER FOR OATHS

Student can also draft statement of claim in this regards.

d. Liverpool Bank PLC has to file a notice of intention to defend,
thus:

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,

ABUJA

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 IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT
NO__________

BETWEEN

EMIRATES BANK PLC -------------------------------------------

CLAIMANT

AND

LIVERPOOL BANK PLC --------------------------------------DEFENDANT

NOTICE OF INTENTION TO DEFEND

TAKE NOTICE that the defendant intends to defend this suit.

Dated this... day of ... 2023

__________
Kai Havertz
Defendant's counsel
Kai Havertz & Co
1 Old Trade Street,
Abuja
Tel. no 08011122333
Email:
[email protected]

For service on:

The Claimant/Applicant

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 C/O its counsel
Reece James
Reece James & Co
11 New Crescent Abuja
09011122333

e. If the action was commenced in Lagos, the quickest means

possible would be the summary judgment procedure under
Order.13 High Court of Lagos State (Civil Procedure) Rules, 2019.
The following court processes shall be filed in commencing the
action;

1. Writ of summons
2. Statement of claim
3. List and copies of documents to be relied on
4. List of witnesses
5. Deposition of the witnesses
6. Application by way of motion on notice for summary
judgment.
7. Affidavit in support of the application
8. Written brief or address
9. Pre- Action Protocol Form 01 with necessary documents

f. Sequel to the service of the above, the defendant shall file the
following court processes:
1. A counter affidavit
2. Written brief or address in reply to the application for
summary judgment.
3. Statement of defence
4. List of witnesses
5. Deposition of witnesses
6. List and copies of documents to be relied on

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