COMMENCEMENT OF ACTIONS IN THE HIGH COURT.ppt -...

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COMMENCEMENT OF
COMMENCEMENT OF
ACTIONS IN THE HIGH
ACTIONS IN THE HIGH
COURT
COURT

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PRELIMINARY
PRELIMINARY
CONSIDERATIONS
CONSIDERATIONS

There are some considerations that a
party/counsel must consider before
commencing an action. They include
the following:

CAUSE OF ACTION

LIMITATON PERIOD

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
JURISDICTION

EXHAUSTION OF
AVAILABLE REMEDIES

PRE-ACTION NOTICE

PRE-ACTION COUNSELLING

CHANCES OF ENFORCING
COURT’S JUDGMENT

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VENUE
VENUE

O2L provide for the
appropriate venue or judicial
division for institution and trial
of suits as follows:

All suits relating to land or any
mortgage or charge or interest
relating to land and actions
relating to personal property
distrained or seized for any
cause, shall be commenced in

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in the judicial division where the land
is situated or where the distrain or
seizure took place.

All suits for recovery of penalties,
forfeiture and all actions against public
officers shall be commenced and tried in
the JD in which the cause of action
arose.

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
All suits for the specific performance or
upon the breach of any contract may be
commenced in the JD in which such
contract ought to be performed or in
which the defendant resides or carries on
business. See Kraus Thompson Ltd V
Unical 2004 AFWLR pt209 1148

All other actions may be commenced in
the JD in which the defendant lives or
carries on business.

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
NOTE : By O2 R5 L, Were any suit is
commenced in a wrong JD, it may be
tried in that JD unless the Chief Judge
otherwise directs.