Order 17 — Motions and Other Applications

(1) Where by these Rules, any application is authorized to be made to the Court, such application shall be by motion on notice or motion ex parte and shall state under what Rules of the Court or Act or Law it is brought.

(2) Every motion on notice must be forwarded to and served on all parties in a matter.

(3) A motion must substantially comply with format prescribed below and must be signed by the party bringing the application or by the party’s counsel. The application must be delivered and must contain the following information:
(a) the title of the matter;
(b) the case number assigned to the matter;
(c) the prayer or relief sought;
(d) an address of the party delivering the document at which that party will accept notices and services of all documents in the proceedings.

(4) The following applications shall be brought by motion on notice:
(a) Interlocutory applications;
(b) Other applications incidental to pending proceedings before the Court that are not specifically provided for in these Rules;
(c) Any other applications for directions that may be sought from the Court.

(5) Every motion shall be supported by an affidavit setting out the facts upon which the application is made.
Provided that applications for direction on procedural aspects of the matter need not be supported by an affidavit.

(6) Every application shall be accompanied by a Written Address which shall be a succinct legal argument of the issues and appropriate authorities in support of the grounds of the application.

(7) The Written Address in support of motion on notice shall contain;
(a) a statement of facts in chronological order, on which the application is based, which statement must be sufficiently particularized to enable any person opposing the application to reply to the document;
(b) issues for determination arising from the reliefs being sought by the Applicant;
(c) succinct arguments of the legal issues that arise from the material facts and appropriate authorities cited in support of the argument; and
(d) be divided into paragraph and numbered accordingly.

(8) Every motion shall be served on the Respondent and an advance copy of same shall be forwarded by the Claimant or claimant’s counsel to the other party within seven (7) days of filing.

(9) Every motion including Notice of Preliminary Objection shall be accompanied by a Written Address, and an advance copy of same shall be forwarded by the Defendant or Respondent or defendant/respondent’s counsel to the Claimant or any other party in the matter within seven (7) days of filing.

(10) Where a Respondent served with a motion on notice intends to oppose the application, the Respondent shall file a Counter-affidavit (if any) and a Written Address within seven (7) days of the service on the Respondent of such application. An advance copy of the Counter-affidavit and Written Address shall also be forwarded to the Claimant and any other party.

(11) Where a Counter-Affidavit together with a Written Address is served on the Claimant/Applicant, the Claimant/Applicant may file a Further and Better Affidavit to deal with new issues arising from the Respondent’s Counteraffidavit and a Written Reply on points of law within seven (7) days of service. An advance copy of same shall be forwarded to the Defendant or Respondent.

(12) Where the defendant or respondent did not file a Counter-affidavit, the party may address the Court on point of law only.

(13) Each party shall have twenty (20) minutes to expatiate on the party’s Written Address.
Provided that no party shall be allowed to introduce new issues in the party’s oral submission before the Court.

(14) Notwithstanding sub-rule 13 of this Rule, where a Respondent fails or neglects to file a reply to the written address of the Claimant within the time allowed by the Court, apart from the penalty relating to such default, the Respondent shall not be allowed to make any oral submission at the hearing of the application.

(1) Except where an application ex-parte is required or permitted under any Statute or these Rules, every motion shall be on notice to the other party.

(2) The Court may either on application or suo motu make an order that subject to the provisions of sub-rule (3) of this rule an injunction may subsist until the hearing and determination of the motion on notice.

(3) A party affected by the order made ex parte may by motion on notice apply to the Court to vacate the order.

(4) The application in sub-rule 3 of this Rule shall be accompanied by:
(a) An affidavit;
(b) A Written Address detailing the grounds of the application for vacation of the order; and
(c) A copy of the order of the Court which the party wants the Court to vacate.

(5) Upon receipt of the motion on notice by the party for whom a motion ex parte has been granted, the said party shall file a counter-affidavit stating the grounds why the ex parte order should not be vacated.

(1) Every notice to enforce an arbitral award shall state the grounds of the application and where any such motion is founded on evidence by affidavit, a copy of the affidavit shall be served with the notice of motion.

(2) The party relying on an award on applying for its enforcement shall supply a certified true copy of the award.

(3) An award made by an arbitrator may, by leave of the Court, be enforced in the same manner as a judgment or order of Court.

Unless the Court grants leave to the contrary, there must be at least three (3) clear days between the service of all processes in respect of a motion and the day named in the notice for hearing the motion.

Where on the hearing of a motion or other application the Court is of the opinion that any person to whom notice has not been given ought to have had such notice, the Court may either strike out the motion or application or adjourn the hearing in order that such notice may be given upon such terms, if any, as the Court may deem fit.

Upon an application to the President of the Court by any of the parties in a matter, an application may be heard in Chambers by a Judge as may be directed by the President of the Court.

The hearing of any motion or application may from time to time be adjourned upon such terms as the Court shall deem fit.
Provided that no party shall make an application for adjournment more than twice.

A Claimant may file any application together with an originating process and may serve both on any defendant or respondent simultaneously.

(1) Subject to sub-rule (2) of this rule, the Court may, on the application of any party, make any order under the Act it considers necessary.

(2) Before making an interlocutory order under these Rules, the Court shall take all reasonable steps to ensure that notice of the application for the interim order has been served on the respondents.

Every motion filed before the Court, shall be set down and ruled upon and no motion shall be left in abeyance.

In any case pending before the Court, any motion filed as an interlocutory application shall be heard and ruled upon before the final judgment is delivered in the matter.

(1) For the purpose of hearing and determining interlocutory applications, the Court shall be duly constituted, if it consists of a Judge of the Court.
Provided that a panel of three Judges may also hear and determine interlocutory applications, if the President of the Court so directs.

(2) The Court shall in the course of any proceeding before it ensure that every motion (or application) coming before the Court is set down, heard and ruled upon, notwithstanding the perceived strength, weakness or otherwise of such motion (or application);
Provided that the Court may refuse to hear the motion (or application) in a proper circumstance in the exercise of its punitive jurisdiction against a contemnor of a Court order who is expected to be purged of the contempt before being heard.

(3) No motion (or application) brought before the Court may be discontented for reasons merely that such a motion (or application) has been superseded and or overtaken by another one. The Court in the circumstance shall take steps to set down and hear all such motions (or applications) in a way or manner and in such order as will allow for fair trial and hearing of the cause or matter.

In the exercise of its powers and in the performance of its functions, or in any incidental matter, the Court may act in a manner that it considers expedient in the circumstances to achieve the objectives of the Act and the Rules of the Court.

(1) For any motion ex-parte to be heard by the Court, the Applicant shall file along with the ex-parte application a motion on notice at the same time.

(9) An order of injunction made upon an application ex-parte shall abate at the end of seven (7) days upon hearing and determination of the motion on notice or as the court may otherwise direct during its ruling.

(10) The Court may in the interest of justice and upon an application extend the effective period of an interim order of injunction made ex parte, either to be extended from time to time or to last until the hearing and determination of the motion on notice for interlocutory injunction.
Provided that the application for extension is made not more than seven (7) days before the expiration of the Order for interim injunction.

(1) Every application to enforce a binding arbitral award made by an Arbitral Body shall state in general terms the grounds of the application and where any such motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the notice of motion.

(2) The party relying on a binding award or decision or ruling or recommendation made by an Arbitral Body shall sufficiently supply duly certified true copies of the award or decisions or recommendation.

(3) An award made by an Arbitral Body in a matter within the jurisdiction of the Court may, by leave of the Court, be enforced in the same manner as a judgment or order of the Court.

(1) The Judge or the Panel of Judges to whom a matter has been assigned may take and decide any non-contentious applications in Chambers without inviting parties or their Counsel to appear before the Court where the applicant has complied with prescribed rules relating to the application and the opposition party apart from not filing any process in opposition must have filed a notice indicating a clear intention not to contest the application.

(2) Any of the parties may with the leave of the Court make an oral application to the Court for a minor amendment on the face of the process or processes provided such an amendment does not affect the substance of the case before the Court.