GogobiriLalas:
very valid points...but how do you compell appearance, yes summary judgment as you earlier stated could be entered but all the defense has to do is state a defense and such a judgement would be vacated statute of limitations considered. What I'm saying is that without defendant's full participation any judgement in absentia could easily be contested for example the initial pleading by the plaintiffs could be contested as biased in favor of the plaintiffs, it is confusing, it fails to state a triable issue absent evidence, necessary parties were not joined etc. Can the defense not even move for a motion to dismiss? Let's even say the Court insists on hearing the suit, can the Apostle not counter sue for Human Rights violation? Let's suppose that the case goes on trial and defendant is found guilty, is there a reciprocal arrangement between Nigeria and Canada, can Apostle be extradited? A possibility will be to file suit at the ICJ or some other International forum for violation of international human trafficking laws...but that's another issue entirely, the way it stands all a Canadian court can do is offer an opinion suo ponte and that will be a waste of judicial time.

Had it been this is a criminal case, the Canada court might compel appearance and might use Interpol to achieve that, also in some criminal cases, when the defendant cannot be located all, courts have tried them in absential and convict them.

As the case is now, The Apostle have 40 days, to file an answer with the Canadian court. If he fail to do that, the plaintiff can fail for a summary judgement and further notice will be sent to Apostle to avail reasons, why he could not file a timely answer...Usually courts are liberal if they receive a response from him and the summary judgement on the pleadings will be denied and the Apostle will be allowed to file an answer. However, if he did not response to the motion for summary judgement, the Canadian Court will have no option but to render judgement in favor of the plaintiff. Even after rendering this judgement, the Apostle still have sometimes to appeal that judgement in order to revival it and then file his answers...in the US, it is usually two months....If after two months (in case of US); the summary judgment is final.

Without a defense participation, the only reason the defense can contest the judgement against them will not be on the merits of the case, they have to allege that, they were not served or were not properly served the notice by the plaintiff. The Plaintiff can counter that argument by providing verification that the motion was served on the plaintiff properly.

Initial pleadings of plaintiff are usually pleaded by the plaintiff and as such, they will be biased in favor of the plaintiff. The plaintiff can't go to court and make pleadings that will favor his or her opponent. This is the reason the defense have to response and counter all the plaintiff's pleadings by either 1. Ask for more time to response 2. Challenging Jurisdiction, 3. Motion for Inconvenient forum 4. Accept or deny or state that they do not have enough information to accept or deny each plaintiff's claims 5. Cross petition against her....If his lawyers want to buy time and make her spend until she ran out of case or will to go further, they can file each of those motions piecemeal and wait for the outcome of one before moving to the next.

No, the court will issue an enforceable order and not an opinion.

Sitting and mounting a defense is not a good strategy and it is bound to backfire big time.

linearity:


Had it been this is a criminal case, the Canada court might compel appearance and might use Interpol to achieve that, also in some criminal cases, when the defendant cannot be located all, courts have tried them in absential and convict them.

As the case is now, The Apostle have 40 days, to file an answer with the Canadian court. If he fail to do that, the plaintiff can fail for a summary judgement and further notice will be sent to Apostle to avail reasons, why he could not file a timely answer...Usually courts are liberal if they receive a response from him and the summary judgement on the pleadings will be denied and the Apostle will be allowed to file an answer. However, if he did not response to the motion for summary judgement, the Canadian Court will have no option but to render judgement in favor of the plaintiff. Even after rendering this judgement, the Apostle still have sometimes to appeal that judgement in order to revival it and then file his answers...in the US, it is usually two months....If after two months (in case of US); the summary judgment is final.

Without a defense participation, the only reason the defense can contest the judgement against them will not be on the merits of the case, they have to allege that, they were not served or were not properly served the notice by the plaintiff. The Plaintiff can counter that argument by providing verification that the motion was served on the plaintiff properly.

Initial pleadings of plaintiff are usually pleaded by the plaintiff and as such, they will be biased in favor of the plaintiff. The plaintiff can't go to court and make pleadings that will favor his or her opponent. This is the reason the defense have to response and counter all the plaintiff's pleadings by either 1. Ask for more time to response 2. Challenging Jurisdiction, 3. Motion for Inconvenient forum 4. Accept or deny or state that they do not have enough information to accept or deny each plaintiff's claims 5. Cross petition against her....If his lawyers want to buy time and make her spend until she ran out of case or will to go further, they can file each of those motions piecemeal and wait for the outcome of one before moving to the next.

No, the court will issue an enforceable order and not an opinion.

Sitting and mounting a defense is not a good strategy and it is bound to backfire big time.

If the initial pleading is biased in favor of the plaintiffs it can be vacated...

GogobiriLalas:
If the initial pleading is biased in favor of the plaintiffs it can be vacated...

We must have different of what 'bias' means here...my interpretation is, they must be favorable to the pleader.

I can go to court and submit pleadings, the sum total of which are not in my favor. That defeats the whole essence of going to court in the first case, because if my pleadings are favorable to the other party, I do not have any injury for the court to redress.

If you look at it with the same lense, the Apostlr pleadings against her in Nigeria court are biased against her and that is how it suppose to be and she does not response to the Nigeria case, a default judgement will be rendered against her based on the whole pleadings.

linearity:


We must have different of what 'bias' means here...my interpretation is, they must be favorable to the pleader.

I can go to court and submit pleadings, the sum total of which are not in my favor. That defeats the whole essence of going to court in the first case, because if my pleadings are favorable to the other party, I do not have any injury for the court to redress.

If you look at it with the same lense, the Apostlr pleadings against her in Nigeria court are biased against her and that is how it suppose to be and she does not response to the Nigeria case, a default judgement will be rendered against her based on the whole pleadings.

Actually we are saying the same thing, my point is that a summary judgment can easily be contested statute of limitations considered; all the party contesting the judgement has to show is any defense whatsoever including pleading that the initial pleading mis- stated the facts and then the case can be reopened....instead of seeking summary judgment, I think it's better for the plaintiffs here to seek a more proper forum to hear the case and to frame it in a way that it can't be vacated in case of defendant's no show

linearity:


We must have different of what 'bias' means here...my interpretation is, they must be favorable to the pleader.

I can go to court and submit pleadings, the sum total of which are not in my favor. That defeats the whole essence of going to court in the first case, because if my pleadings are favorable to the other party, I do not have any injury for the court to redress.

If you look at it with the same lense, the Apostlr pleadings against her in Nigeria court are biased against her and that is how it suppose to be and she does not response to the Nigeria case, a default judgement will be rendered against her based on the whole pleadings.

I haven't read the pleadings but from what I have gathered so far, if the Canadian court goes on to issue a summary judgment, all the Apostle has to do is state that the judgement ought to be vacated because plaintiffs has no evidence...she had no evidence in the Nigerian court so how can she successfully plead her case in a Canadian court...remember that Nigerian Courts have persuasive precedence in Canadian courts

tintingz:
Ghen ghen!

Nigeria is a corrupt country, the best way for Otobo to get justice is through foreign court, the same reason Dino Melaye dare not challenge Sahara reporters in U.S court, na mouth him get.

Get justice for what

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GogobiriLalas:
I haven't read the pleadings but from what I have gathered so far, if the Canadian court goes on to issue a summary judgment, all the Apostle has to do is state that the judgement ought to be vacated because plaintiffs has no evidence...she had no evidence in the Nigerian court so how can she successfully plead her case in a Canadian court...remember that Nigerian Courts have persuasive precedence in Canadian courts

The Nigeria case is different from the Canadian one, she is been sued for blackmail in Nigeria and whatever evidence she might have or might want present in the Canadain would hardly stand against a blackmailing charge.

If the Pastor pulls a no show in Canada, it will be a default Judgement and not summary judgement. You can not argue argue in merits or the lacks therefore of a plaintiff pleadings in trying to over turn a default judgement.

Valid arguments against a default Judgement is that you didn't receive the original summons or that you were indisposed e.g. in a war front and could not response or follow up to mount a good defense...even when you succeed in overcoming the default judgement, it will be returned to the trial court to then try the case.

GogobiriLalas:
Actually we are saying the same thing, my point is that a summary judgment can easily be contested statute of limitations considered; all the party contesting the judgement has to show is any defense whatsoever including pleading that the initial pleading mis- stated the facts and then the case can be reopened....instead of seeking summary judgment, I think it's better for the plaintiffs here to seek a more proper forum to hear the case and to frame it in a way that it can't be vacated in case of defendant's no show

If he didn't, it will be a default judgement and not summary judgement.

Summary judgement is just a Pre trial mechanism either side can employ, if they think they have all their facts and evidence and does not want the length and cost of a long time drawn war.

You can't overcome a default judgement by arguing the merits of the original pleadings.

paradigmshift:


win as in? apostle rape her ?

Win as in Suleithief aborted her pregnancy without her consent.

[quote author=dukie25 post=55747297]What was the alleged crime? [/quote
Did you read the post?

OK na!!! We are still watching.

otemanuduno:
Win as in Suleithief aborted her pregnancy without her consent.

lmao u ain't even following the issue.

Dongreat:


And you think if I support him I won't still be accused? Sorry I am not a fan of god of men. If they are so powerful then Nigeria would have been the best country to live in. Very religious so ungodly people. And my benefits is that the fraud will be exposed.

How are you sure the prostitute is saying the truth? You choose to believe the prostitute forgetting that anybody can be accused of anything. Its clear that you admire prostitutes than pastors becos they are there for ur patronage. Remember, pastor suleiman was a saint he had never had any blemish in his ministry for the past 20yrs, but when he began to speak against government and the killings, this prostitute just came from nowhere and began her drama. You have to think deep. Shalom!

komekn:


Great profession Win or Loose you get PAID.

Sir, there is nothing great being a Lawyer? Perverting truth and justice because of your person and material gain? Lawyers are the reason for more crime. They take advantage of the loopholes of man-made laws and set free the guilty conscience.

prettyboi1989:
mumu girl why did she not file the suit in nigeria? The apostle isnt obliged to respond to the case because it is out of the courts jurisdiction.

As I was going thru nairalanders responses , I wanted to ignore you and pass, but I felt a need to correct you so that you won't display ignorance publicly again, some halfbrained Nigerians make me shudder

Babytruth:


As I was going thru nairalanders responses , I wanted to ignore you and pass, but I felt a need to correct you so that you won't display ignorance publicly again, some halfbrained Nigerians make me shudder

and u think using condescending words in order to pass a message makes u full brained? delude ursef u hear, well u'll be the only one here to read ur messages as the thread is old. Goodluck deluding ursef