Welcome to today’s lecture on the draft of a Affidavit in Support of Motion on Notice for Summary Judgment under Order 13 of the High Court of Lagos State (Civil Procedure) Rules 2019. In the last class, we discussed the draft of the motion paper it self. we delved into the procedural aspects of summary judgment-a legal mechanism used when a claimant believes that the defendant has no viable defense to the action.
We had already explored the steps required for initiating a summary judgment application, including:
Writ of Summons: The originating process that begins the case.
Statement of Claim: Detailing the claimant’s case.
List and Copies of Documents: Providing evidence the claimant intends to rely upon.
Deposition of Witnesses: Witness statements supporting the claim.
Application for Summary Judgment: Made by way of a motion on notice.
Affidavit in Support: Supporting the application with factual evidence.
Written Brief: As required by Order 11 Rule 1 of the Abuja Rules and Order 13 Rule 1 of the Lagos Rules.
Certificate of Pre-Action Counseling and Pre-Action Protocol Form 01: Ensuring compliance with pre-action requirements.
We also discussed the necessary steps for service of these processes on the defendant and the corresponding timelines for the defendant’s response, including:
Statement of Defence: Filed by the defendant if they intend to contest the claim.
Deposition of Witnesses: Supporting the defendant’s case.
List and Copies of Documents: For the defendant’s use in defense.
Counter Affidavit and Written Brief: In reply to the application for summary judgment.
Certificate of Pre-Action Counseling: As per FORM 6.
Memorandum of Appearance: Notifying the court of the defendant's intention to appear.