Motion on Notice (Nigeria)
[Court Name]
[Judicial Division]
SUIT NO: [Suit Number]
BETWEEN:
[Applicant Name] ........ [Applicant Role]/APPLICANT
AND
[Respondent Name] ........ [Respondent Role]/RESPONDENT
MOTION ON NOTICE
TAKE NOTICE that this Honourable Court will be moved on [Hearing Date] at the hour of 9 o'clock in the forenoon or so soon thereafter as Counsel may be heard, on behalf of the [Applicant Role]/Applicant, [Applicant Name], for the following orders:
[Relief Sought]
AND for such further order(s) as this Honourable Court may deem fit and just in the circumstances.
The grounds upon which this application is brought are:
[Grounds]
This application is supported by an affidavit of [Applicant Name] sworn on [Filing Date] and a written address filed herewith.
The authority for this application is [Legal Authority].
DATED this [Filing Date]
[Counsel Name]
Counsel to the [Applicant Role]/Applicant
[Counsel Address]
TO: THE REGISTRAR
[Court Name]
AND TO: [Respondent Name]
[Respondent Role]/Respondent
Counsel for Applicant
________________
Signature
What Is a Motion on Notice (Nigeria)?
A Motion on Notice in Nigeria gives formal notice of the sender's position or demand and the action required of the recipient.
Under Order 26 of the Lagos State High Court (Civil Procedure) Rules 2019 (Lagos Order 26), every interlocutory application — including applications for injunctions, stays of execution, joinder of parties, amendment of pleadings, and discovery — must be brought by Motion on Notice unless the court grants leave to bring an ex parte application in cases of urgency. The motion must be supported by an affidavit setting out the facts relied upon, and the applicant must file a written address (legal argument) in support. The respondent is entitled to file a counter-affidavit and written address in opposition.
A Motion on Notice differs from an Ex Parte Motion (Motion Without Notice) in that the applicant must serve the motion paper on the respondent before the hearing date, giving the respondent an opportunity to be heard. Nigerian courts have repeatedly held that the audi alteram partem principle (the right to be heard) is a fundamental requirement of natural justice, and courts will generally set aside orders made on ex parte applications once a Motion on Notice is heard — as confirmed by the Supreme Court of Nigeria in Kotoye v CBN [1989] 1 NWLR (Pt 98) 419.
The Federal High Court (Civil Procedure) Rules 2019 govern Motion on Notice applications in the Federal High Court, which has exclusive jurisdiction over specified federal matters under Section 251 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023). Applications relating to tax, customs, companies, banking, and intellectual property are heard in the Federal High Court.
In the National Industrial Court (NIC), established under Section 254A of the 1999 Constitution, interlocutory applications follow the National Industrial Court Rules 2017. Employment disputes, trade union matters, and minimum wage enforcement fall within the NIC's exclusive jurisdiction.
The legal framework governing the Motion on Notice (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Motion on Notice (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contract Law (received English common law) sets the foundational requirements.
When Do You Need a Motion on Notice (Nigeria)?
A Motion on Notice in Nigeria is required whenever a party to court proceedings seeks interlocutory or final relief that requires the court's formal order after hearing both parties.
A Motion on Notice is needed when a plaintiff seeks an interlocutory injunction to restrain a defendant from continuing a wrongful act pending the determination of the substantive suit. Under Order 39 of the Lagos High Court (Civil Procedure) Rules 2019, an applicant for an interlocutory injunction must establish a serious question to be tried and the balance of convenience, as set out by the Supreme Court in Kotoye v CBN [1989].
A Motion on Notice is required when a judgment debtor applies for a stay of execution of a judgment pending an appeal to the Court of Appeal. The application must be brought by way of Motion on Notice before the trial court under Order 45 of the Lagos High Court (Civil Procedure) Rules 2019, supported by an affidavit showing arguable grounds of appeal and that the judgment debtor will suffer irreparable harm if execution is not stayed.
A Motion on Notice is needed when a defendant applies to set aside a default judgment entered against them for failure to enter appearance or file a defence, under Order 17 of the Lagos High Court (Civil Procedure) Rules 2019. The applicant must show a good defence on the merits and a reasonable explanation for the default.
A Motion on Notice is required when a party applies to join or substitute parties in an existing suit, amend pleadings, extend time within which to take a procedural step, or compel discovery of documents — all procedural applications that require hearing both sides.
A Motion on Notice is needed when a company or individual files a winding-up petition in the Federal High Court and the respondent company files a motion to challenge the petition before the winding-up order is made.
Parties in Nigeria should prepare a Motion on Notice (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Motion on Notice (Nigeria)
A valid Motion on Notice in Nigeria must contain the following essential elements in the prescribed format under the applicable court rules.
Intitulement and Case Reference: The full title of the court (e.g., 'IN THE HIGH COURT OF LAGOS STATE OF NIGERIA, IN THE LAGOS JUDICIAL DIVISION'), the suit number assigned by the court registry, and the full names of all parties — plaintiff/claimant and defendant/respondent.
Heading: The words 'MOTION ON NOTICE' prominently displayed. The date of filing must appear on the face of the motion paper.
Statement of Relief Sought: A numbered list of the precise orders the applicant seeks. Each order must be clearly stated without ambiguity. Vague or open-ended relief is insufficient and may result in the application being struck out.
Grounds for Application: A concise statement of the legal and factual grounds on which the orders are sought. Reference to the applicable court rule (e.g., 'pursuant to Order 39 Rule 1 of the Lagos High Court (Civil Procedure) Rules 2019') and statutory authority should be included.
Supporting Affidavit: Every Motion on Notice must be accompanied by a sworn affidavit deposing to the facts relied upon, in compliance with Order 26 Rule 4 of the Lagos High Court (Civil Procedure) Rules 2019 and Section 107 of the Evidence Act 2011. The affidavit must be sworn before a Commissioner for Oaths or Notary Public.
Written Address: A written legal argument (brief) citing relevant authorities — Nigerian Supreme Court decisions, Court of Appeal decisions, and statutory provisions — in support of the application. Filed simultaneously with the motion under the frontloading procedure introduced by the Lagos High Court (Civil Procedure) Rules 2019.
Service: Proof of service of the motion papers on the respondent, evidenced by an affidavit of service filed before the hearing date. Under Order 8 of the Lagos High Court (Civil Procedure) Rules 2019, service may be personal, substituted, or by courier with proof of delivery.
Additional compliance elements for a Motion on Notice (Nigeria) used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Motion on Notice (Nigeria) (Nigeria) [Legal document template]. Forms Legal. https://forms-legal.com/nigeria/personal/legal-declarations/motion-on-notice-nigeria
"Motion on Notice (Nigeria) (Nigeria)." Forms Legal, 2026, https://forms-legal.com/nigeria/personal/legal-declarations/motion-on-notice-nigeria.
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title = {Motion on Notice (Nigeria) (Nigeria)},
year = {2026},
howpublished = {\url{https://forms-legal.com/nigeria/personal/legal-declarations/motion-on-notice-nigeria}},
note = {Free legal document template. Based on Contract Law (received English common law)}
}Frequently Asked Questions
A Motion on Notice in Nigeria requires the applicant to serve the motion papers on the opposing party (respondent) before the hearing date, giving the respondent an opportunity to file a counter-affidavit and appear in court to oppose the application. An Ex Parte Motion (or Motion Without Notice), by contrast, is heard without prior notice to the other party and is reserved for urgent situations where prior notice would defeat the purpose of the relief sought — typically emergency injunctions, Mareva injunctions (freezing orders), or Anton Piller orders (search and seizure). Under Order 26 Rule 2 of the Lagos High Court (Civil Procedure) Rules 2019, a court may entertain an ex parte application only where the applicant satisfies the court of the urgency and the reason why notice cannot be given. Orders made on ex parte applications are generally temporary and the court will typically direct that a Motion on Notice be filed and heard within a short time (usually 7 to 14 days) to give the respondent the opportunity to be heard on the substantive application.
The time for hearing a Motion on Notice in Nigerian courts varies significantly depending on the court, the state, and the complexity of the application. Under the Lagos High Court (Civil Procedure) Rules 2019, the court sets a hearing date when the motion is filed, and the applicant must serve the motion papers on the respondent at least 3 clear days before the hearing (Order 8 Rule 2). In practice, hearing dates in the Lagos Division High Court may be 2–6 weeks after filing, depending on the court's docket. The Federal High Court (Civil Procedure) Rules 2019 similarly prescribe notice periods. Once heard, a court may grant or refuse the application, adjourn for a written ruling, or call for a further hearing. Contested interlocutory motions where both parties file written addresses and authorities can take 4–12 weeks from filing to delivery of a ruling, particularly in busy divisions. Applications certified as urgent by the Chief Judge may be listed for accelerated hearing.
A Motion on Notice in Nigeria must be accompanied by a supporting affidavit that sets out all material facts on which the applicant relies, in compliance with Order 26 Rule 4 of the Lagos High Court (Civil Procedure) Rules 2019 and Section 107 of the Evidence Act 2011. The affidavit must: (1) be sworn by the applicant or a person with personal knowledge of the facts; (2) be sworn before a Commissioner for Oaths or Notary Public in Nigeria; (3) be filed together with the motion under the frontloading procedure; and (4) exhibit all relevant documentary evidence (agreements, correspondence, court orders) as numbered exhibits. Under Section 115 of the Evidence Act 2011, matters of law, conclusions, or arguments must not be stated in an affidavit — only facts. An affidavit containing inadmissible matter may be struck out in part. Where the respondent files a counter-affidavit, the applicant may file a further affidavit in reply before the hearing.
A Motion on Notice may be withdrawn by the applicant at any time before or during the hearing, with or without the consent of the respondent, under Order 26 Rule 9 of the Lagos High Court (Civil Procedure) Rules 2019. Withdrawal is effected by filing a notice of withdrawal in the registry and serving it on the respondent. The court may order the applicant to pay the respondent's costs incurred in preparing to oppose the motion if the withdrawal occurs late or on the date of hearing without good cause. Where the motion relates to an interlocutory injunction that has already been granted on an ex parte basis, withdrawal of the substantive motion does not automatically discharge the injunction; the applicant must also file a motion to discharge the injunction. A motion that has been heard and refused may not be re-filed on the same facts unless there has been a material change in circumstances; re-filing the same application constitutes an abuse of process.
A Motion on Notice in Nigeria is a court process and is not subject to stamp duty under the Stamp Duties Act (Cap S8, LFN 2004). Court processes — including originating summons, writs of summons, statements of claim, motions, and other pleadings — are exempt from stamp duty assessment. However, certain documents filed as exhibits to the supporting affidavit (such as agreements, deeds, or contracts) may themselves be subject to stamp duty, and an unstamped instrument exhibited in an affidavit may be inadmissible in evidence under Section 22 of the Stamp Duties Act unless stamp duty is paid at the time of tendering the document. The applicant should therefore review all documents to be exhibited and regularise their stamp duty status before filing. Court filing fees prescribed by the relevant State High Court (Civil Procedure) Rules — which vary from state to state — must be paid before the motion is accepted for filing by the court registry.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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