22/10/2022
Hello?????
Today we will be looking at Motion
1.What is a motion
2.Types of motion
3.What is contained in a motion paper
4.How to move a motion
It is worthy of note that anything request or application before a court should come in a way of motion,that is to say that motion is an application of a request or reliefs sought by the person bringing such motion before the court to grant.It can be in form of requesting for interlocutory injunction, leave of the court for extension of time etc.
Types of a motion
Basically there are two (2)types of motion
1.Motion on Notice:Just as the name implies,This is a type of motion that put the other party on notice.i.e that the adverse party is aware of the application being instituted against him/her.
2.Motion Experte:This is the kind of motion that the other party is not put on notice.his not aware of the application instituted against him in the court and can only be brought to court by court order to come and be heard (This happens mostly in the institution of fundamental human right of a person and when if the person run away when he’s informed)
Things contained in a motion paper
**The type of motion:Whether it is a motion on notice or expatè
** The court heading: This is needed
**The people the case is between
**The court jurisdiction
**The Date:The day it was dated and filled
**The law it was brought pursuant to:Here it can be the section of the constitution it contradicted or violated,it can also be the court rule and order it violated.
**The reliefs sought:This includes the things the plaintiff is seeking against the defendant,why he’s bringing that application to court.
**Omnibus prayer:This is the prayer made to the court on the courts discretion on the application brought before them
**Affidavit:In compliance with the rule of the court,An affidavit duly deposed to the deponent should be attached to the motion paper
**Written Address:This is also in further compliance of the rule of the court,A motion paper should be accompanied with a written address.This written address should be adopted as final legal written address in support of the motion paper.
**Prayer:This is when the counsel asks the court to rule in their favor (some call it selfish prayer though)
How to move a motion
Some senior counsel would just move in term of the motion paper.They stand up when they are been called upon to move the motion before the court to say”I move in term of the motion paper “ Do you know why? Because the court already has a copy of the application,what they just do is to adopt it.
Someone will be forced to ask How then can a motion be moved in court(just relax we are almost there)
Now it is important to learn the normal way of moving a motion.then how do we do it??
Immediately appearances has been announced by the counsel the next thing to do is to seek the leave of the court to move the motion.
Here is how to move a motion
This is a motion on notice dated on the 22nd of October 2022 and filled on the same day,this motion is brought pursuant to section 1(2)CFRN 1999 as amended and under the inherent jurisdiction of this high court .Your lordship this motion seeks for the following reliefs
1.An order of the court restraining the defendant,his previes,workmen,agent from further trespassing of the land in suite pending determination of the substantive justice .(Interlocutory injunction)
2.And for such further order and orders that this honorable court may deem fit to make in the circumstances of this case.(Omnibus prayer)
In compliance with the rule of the court we have filled an affidavit duly deposed to by the plaintiff (Mr Okeke)we seek to on all the paragraphs of this affidavit especially placing heavy reliance on paragraph 1,2,3.
In further compliance with the rule of the court we have filled a written address dated on the 22nd of October 2022 and filled on the same day.We seek to rely on our written address and adopt same as our final legal written Address in support of this motion paper
We urge this honorable court to rule in the favor of the plaintiff and discountenance the argument of the defendant
Thank you
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