Civil Case Commencement Modes
Summary
Modes of commencement for civil cases in Nigeria include: Breach of Contract: Writ of Summons; Company Winding Up: Petition; Dissolution of Marriage: Petition; Substantial Dispute of Facts: Writ of Summons; Electoral Malpractice: Petition; Interpretation and Application of Laws: Originating Summons; Fundamental Rights Enforcement: Application; No Substantial Dispute of Facts: Originating Summons.Full Conversation
Identify the mode of commencement of civil cases for the following scenarios:
*.) Breach of Contract
*.) Company winding up
*.) Dissolution of marriage
*.) A suit where there is likely to be any substantial dispute of facts
*.) Electoral malpractice
*.) Interpretation and application of laws or legal instrument
*.) Fundamental Rights Enforcement
*.) A suit where there is unlikely to be any substantial dispute of facts
Hi Immaculata, here are the modes of commencement for the civil cases you mentioned:
*. Breach of Contract: By Writ of Summons.
*. Company Winding Up: By Petition.
*. Dissolution of Marriage: By Petition.
*. Substantial Dispute of Facts: By Writ of Summons.
*. Electoral Malpractice: By Petition.
*. Interpretation and Application of Laws: By Originating Summons.
*. Fundamental Rights Enforcement: By Application (typically under fundamental rights enforcement procedure rules).
*. No Substantial Dispute of Facts: By Originating Summons.
Do you need more specific details on any of these scenarios?
According to Nigeria laws and civil procedures.
Hi Immaculata,
Regarding Nigerian civil procedures, here are the specific modes of commencement for the scenarios you mentioned:
*. Breach of Contract: By Writ of Summons.
*. Company Winding Up: By Petition.
*. Dissolution of Marriage: By Petition.
*. Substantial Dispute of Facts: By Writ of Summons.
*. Electoral Malpractice: By Petition.
*. Interpretation and Application of Laws: By Originating Summons.
*. Fundamental Rights Enforcement: By Application (under Fundamental Rights Enforcement Procedure Rules).
*. No Substantial Dispute of Facts: By Originating Summons.
Is there a particular scenario you need further details on?