The Difference Between Motion on Notice & Motion Ex-Parte

The Difference Between Motion On Notice & Motion Ex-Parte
By Daphne Akpotu

To the layperson, the process of filing a suit or action against an offender in a competent court of law can be quite complex if not properly expounded and explained to an aggrieved party seeking legal assistance.

There are legal mechanisms in place to ensure a successful suit. Motion ex-parte and motion in notice are two of these mechanisms.

Motion in notice and motion ex parte are two types of motions used in the Nigerian legal system. A motion is a procedural mechanism used to bring an issue before the court.

A motion on notice is a motion filed by one party that has been served to the other party, who then has the opportunity to respond.

On the other hand, a motion ex parte is a motion where only one party is present, and the other party is not given prior notice of the motion. Both types of motions are used in Nigerian law and, depending on the situation, one may be more appropriate than the other.

Motion on Notice

A motion on notice is a motion filed by one party, which is then served to the other party. The other party has the opportunity to respond to the motion and present their arguments in court. This type of motion is appropriate when the parties involved in a case have an established relationship, such as a family law matter or a civil lawsuit.

The purpose of the motion in notice is to give both parties the opportunity to present their arguments and provide evidence in court.

In the Nigerian case of Adewole v. Olubode, the Supreme Court of Nigeria held that a motion in notice is an appropriate way to bring an issue before the court.

In this case, the defendant had filed a motion in notice seeking to set aside a judgment that had been made in favor of the plaintiff. The court held that the defendant was entitled to have the motion in notice heard in court, as it gave both parties the opportunity to present their arguments and evidence.

Motion Ex Parte

A motion ex parte is a motion where only one party is present and the other party is not given prior notice of the motion. This type of motion is appropriate when the parties involved in a case do not have an established relationship, such as a criminal matter or an injunction.

The purpose of the motion ex parte is to give the party filing the motion the opportunity to present their arguments and provide evidence without the other party being present.

In the Nigerian case of The Attorney-General of the Federation v. The Attorney-General of the State of Osun, the Supreme Court of Nigeria held that a motion ex parte is an appropriate way to bring an issue before the court.

In this case, the Attorney General of the Federation had filed a motion ex parte seeking to set aside a judgment that had been made in favor of the Attorney General of the State of Osun. The court held that the Attorney General of the Federation was entitled to have the motion ex parte heard in court, as it gave the party filing the motion the opportunity to present their arguments and evidence without the other party being present.

Motion on notice and motion ex parte are two types of motions used in the Nigerian legal system. A motion on notice is a motion filed by one party that has been served to the other party, who then has the opportunity to respond. On the other hand, a motion ex parte is a motion where only one party is present and the other party is not given prior notice of the motion. Depending on the situation, either motion in notice or motion ex parte may be more appropriate. Both types of motions have been approved by the Nigerian courts in various cases, showing that they can be used depending on the circumstance.