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Tomorrow, 10th July 2026, I become a lawyer. Be there! π«΅π½
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Cross examination techniques:
- Probing
- Insinuation
- Confrontation
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In case you plan to be the next Annalise Keating (just kidding)
Instances where leading questions may be permitted during Examination in chief of re- examination:
. Introductory matters
- Undisputed matters
- Matters that have been sufficiently proved.
- Hostile witnesses (after leave has been obtained)
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Agenda for CMC - Lagos
- Formulation/settlement of issues.
- Amendments, further/better Particulars of pleadings.
- Admissions
- Control/scheduling of documents
- Settlement of documents to be admitted.
- Hearing motions/objections on law.
- Implement ADR orders
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Case Management conference
- Resorted to at the close of pleadings after issues have been joined & before trial commences.
- The High Court of the FCT Civil Procedure Rules 2025 does not make specific provisions on PTP.
- Provided under the Lagos rules.
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Comparison between a CC & SO
- CC is independent of the main suit, set-off is dependent.
- CC parties need not be the same, SO, parties should be the same.
- CC is applicable in all cases, SO restricted to monetary claim
- CC a sword, SO a shield π‘οΈ
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A counter claim may still proceed and succeed even when the substantive suit has been withdrawn or dismissed.
- A counter claim is a sword, set off is a shield.
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Formal requirements of pleadings:
- Consistent heading- court, judicial division
- Description - statement of claim
- Paragraphed chronologically
- Contain a relief
- Dated and signed
- Address for service
N.B not exhaustive
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Pleadings are not a platform for legal arguments or conclusions of law.
Pleadings must contain facts and facts ONLY.
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Functions of pleadings.
- Helps determine the issue before the court.
- Constitutes a notice to the other party (ies).
- Determines jurisdiction of the court.
- Determines who the burden of proof lies on.
- Constitutes a permanent record of the court.
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Pleadings - used in a civil suit ONLY.
- Written statement of facts FILED and SERVED by EACH PARTY to a civil suit.
- States the FACT they want to rely on to establish their claim or defence.
- Pleadings could be general or special.
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Conditions for the Grant of Interlocutory Injunction
- Existence of legal or equitable right
- Substantial issue to be tried.
- Balance of convenience (favour of applicant)
- Irreparable damage
- Conduct of the parties
- Undertaking as to damages
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Interlocutory Injunction:
- Granted after both parties have been heard (means it comes by way of motion on notice).
- To last during the pendency of the suit.
- It is not granted in respect of an already completed act.
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Where a party fails to file a counter affidavit, the facts deposed to in the affidavit are deemed true or admitted.
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Affidavit must comply with S115 of the Evidence Act 2011.
An affidavit should not contain extraneous matters, objection, prayers, legal arguments or conclusions.
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- A motion maybe be supported by an affidavit.
- Where the application is one brought on point of law, there is no need for affidavit.
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Your favourite Law School picture?
Please, donβt air me π
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