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Bigkoko's Posts

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Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 8:39am On Jul 22
They claim Africans are incapable of tying loose ends of complex, multi nation crime connected to private and public companies with huge financial muscle. I'm not a tertiary institution professor but my research documentation and analytical capabilities has forced two multi billion dollar companies to their knees. Watch out how those cheering Mandami in his display of crass ignorance in New York will turn round and object here. Same spirit of religious chaos & madness...no difference at all.

First, let's understand the guiding legal framework.
International Humanitarian Law (IHL) sets out explicit prohibitions on the use of starvation of civilians as a method of warfare. Additional Protocol 1 to the 1949 Geneva Conventions (AP 1) was signed in 1977. It relates to the protection of victims of international armed conflicts, in other words armed conflicts between two or more states.

When did it become illegal to target civilians in war?
The Hague Convention of 1907 generally prescribes rules of conduct for armed forces, while the Geneva Conventions and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts 1 (Protocol 1) address the rights of protected persons.

What is Rule 53.: Starvation as a Method of Warfare
Rule 53 states that the use of starvation of the civilian population as a method of warfare is prohibited.

Practice
Volume II, Chapter 17, Section A.
Summary
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International armed conflicts
While in 1863 the Lieber Code still stated that “it is lawful to starve the hostile belligerent, armed or unarmed, so that it leads to the speedier subjection of the enemy”, by 1919 the Report of the Commission on Responsibility set up after the First World War listed “deliberate starvation of civilians” as a violation of the laws and customs of war subject to criminal prosecution. The prohibition of starvation as a method of warfare is codified in Article 54(1) of Additional Protocol I. This provision was generally considered new at the time of the adoption of Additional Protocol I but since then has hardened into a rule of customary international law. Under the Statute of the International Criminal Court, “intentionally using starvation of civilians as a method of warfare” is a war crime in international armed conflicts.

The prohibition of starvation is set forth in numerous military manuals. Starvation of civilians as a method of warfare is an offence under the legislation of many States. This rule is also supported by official statements and other practices. This practice includes that of States not, or not at the time, party to Additional Protocol I. Contrary practice has been generally condemned or has been denied by the accused party.

Non-international armed conflicts
The prohibition of starvation as a method of warfare is contained in Additional Protocol II. In addition, this rule is contained in other instruments pertaining also to non-international armed conflicts.
The prohibition of starvation is included in military manuals which are applicable in or have been applied in non-international armed conflicts. Starvation of civilians as a method of warfare constitutes a war crime in any armed conflict under the legislation of several States. The prohibition of starvation was applied by the District Court of Zadar in the Perišić and Others case in 1997. It is further supported by official statements and reported practice in the context of non-international armed conflicts. States have generally denounced alleged instances of the use of starvation as a method of warfare in non-international armed conflicts, for example, in the civil wars in Nigeria and Sudan.

The 26th International Conference of the Red Cross and Red Crescent in 1995 strongly condemned “attempts to starve civilian populations in armed conflicts” and stressed “the prohibition on using starvation of civilians as a method of warfare”. This prohibition was also emphasized in the Plan of Action for the years 2000–2003, adopted by the 27th International Conference of the Red Cross and Red Crescent in 1999.
Rules 54–56 are a corollary to the prohibition of starvation of civilians as a method of warfare. This means that attacking objects indispensable to the survival of the civilian population (see Rule 54) and denying access of humanitarian aid intended for civilians in need, including deliberately impeding humanitarian aid (see Rule 55) or restricting the freedom of movement of humanitarian relief personnel (see Rule 56) may constitute violations of the prohibition of starvation. Practice in respect of Rules 54–56 further reinforces this rule’s status as a norm of customary international law.

Sieges that cause starvation
The prohibition of starvation as a method of warfare does not prohibit siege warfare as long as the purpose is to achieve a military objective and not to starve a civilian population. This is stated in the military manuals of France and New Zealand. Israel’s Manual on the Laws of War explains that the prohibition of starvation “clearly implies that the city’s inhabitants must be allowed to leave the city during a siege”. Alternatively, the besieging party must allow the free passage of foodstuffs and other essential supplies, in accordance with Rule 55. States denounced the use of siege warfare in Bosnia and Herzegovina. It was also condemned by international organizations.

Blockades and embargoes that cause starvation
Likewise, the prohibition of starvation as a method of warfare does not prohibit the imposition of a naval blockade as long as the purpose is to achieve a military objective and not to starve a civilian population. This principle is set forth in the San Remo Manual on Naval Warfare and in several military manuals which further specify that if the civilian population is inadequately provided for, the blockading party must provide for free passage of humanitarian relief supplies. Blockades and embargoes of cities and regions have been condemned by the United Nations and other international organizations, for example, with respect to the conflicts in Afghanistan and the territories occupied by Israel. Embargoes imposed by the United Nations itself must also comply with this rule
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 8:08am On Jul 22
Let's begin with the exact reason why the Class Action is neccessary
Politics › Re: Ali Modu Sheriff Lied To Make Tinubu Feel Good. I know Him Very Well – Kwankwaso by Bigkoko: 8:06am On Jul 22
Eyaa tell that to Lobbyist Firm, Von Batten, working hard to strip the druggie naked. Made in Turkey begging won't save Bulablu

favor914:
Confused Koko Man, where did you see anything about drugs on the document you posted?

You Obidients just hallucinate on nonsense, & just dwell on it.

Foreign Affairs › Re: UPDATE: Israel Reveals It Killed 2,561 Terrorists Who Took Part In The Oct 7 by Bigkoko(op): 6:40am On Jul 22
Israel has a special unit focused on eliminating every single man or woman directly involved in the October 7 massacres in Israel and those that held the hostages in Gaza.

They drive around Gaza in their brand new flashy cars, change occupation and identify, but Israel using advanced AI algorithms is identifying and picking them off one by one.
Politics › Re: US-Based Lobbyist Sends Records On Tinubu’s US Forfeiture Case To Trump, Congres by Bigkoko: 6:15pm On Jul 21
Fear this lobbyist.

He was the one that strategically clipped Kagame wings and ruined his free access to DR Congo minerals last year. Kagame thought he was joking, insulting him and his kuruke Lobbyist Firm until sanctions started rolling and inflation and economy nosedive.

He go do una vrooommmm for eye but remember I told y'all
Politics › Re: Ali Modu Sheriff Lied To Make Tinubu Feel Good. I know Him Very Well – Kwankwaso by Bigkoko: 6:12pm On Jul 21
Instead Tinubu drug business go make me gather momentum make fulani grab the SW and make Sharia law replace Ogun, Orisha and sango worship grin grin grin grin grin grin grin

favor914:
Why try to change the narrative to your president huh, abi na because of Tinubu your koko conglomerate never gather momentum?

Politics › Re: Ali Modu Sheriff Lied To Make Tinubu Feel Good. I know Him Very Well – Kwankwaso by Bigkoko: 8:25am On Jul 21
Like Tinubu drug business? Common ..... Our growth plan is slow and steady, measurable and verified. We don't practice wealth without enterprise like Tinubu and the usual suspects.......

favor914:
E be like say your koko conglomerate still never pick momentum huh.
Politics › Re: Ali Modu Sheriff Lied To Make Tinubu Feel Good. I know Him Very Well – Kwankwaso by Bigkoko: 8:02am On Jul 21
You can't work with Tinubu without being a liar, drug dealer or agbero...... that's the sort of peeps he feels better off with. They reminds him who he is! Old Bulablu with drug past & present!
Politics › Re: 2027 Presidency: Peter Obi Signed one-term Written Agreement With Me - Kwankwaso by Bigkoko: 7:54am On Jul 21
On this, na we Igbos go help you make sure HE Peter Obi keep to the terms on tenure! grin grin grin grin grin grin grin grin grin grin grin grin grin

fergie001:
https://tribuneonlineng.com/2027-peter-obi-signed-four-year-presidency-deal-with-me-kwankwaso/
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 7:11am On Jul 21
The usual suspects in Nigeria who love sabotaging noble endeavors should please stay off..... you are not the target, nor the victims and the compensation is not coming from you or the Nigeria State. Take this warning and public appeal seriously.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op):
So what is this upcoming Class Action Civil Suit in a Gothenburg District Court about, and how does it connects to Nigerians from a section of Nigeria (South East & South South, or explicitly said, old Eastern region of Nigeria aka default Republic of Biafra?) and which company is the target?

Just follow the story...... It's the product of many years of investigations, research, documentations, networking, archival discoveries, harrassment, intimidations, attempted frame-up, attempted kidnapping, attempted Refoulement from a 3rd country, a separate declassification appeal at Sweden's highest Court, The Supreme Administrative Court, push back against Sweden's National Security and Secrecy laws and two separate but related civil proceedings against two multi billion Euro companies in Sweden!

We did our home work well, now this oil company will pay for its liabilities which were well hidden under Sweden's Secrecy Laws until we dug it out!

On a modest scale compared to what German companies paid the Jews after WW2, we are suing for just $5M USD. Small money for a multi billion Euro company in the Oil Refining business! No court or tribunal anywhere in the world has ever attempted to bring oil companies complicit in documented atrocities to book. This is the beginning!
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 6:00am On Jul 21
Notification to group members

Section 49
The court shall, in addition to what follows from other provisions, notify an affected class member of a judgment or final decision and of a settlement that is requested to be confirmed pursuant to Section 26.

If necessary, taking into account the significance that the information may be assumed to have for the member's rights, the court shall further notify an affected class member of:
1. that the plaintiff has been replaced by a new plaintiff,
2. that the plaintiff has engaged a new representative,
3. that the plaintiff has abandoned the action,
4. that the question has arisen of approving a risk agreement,
5. that a judgment or decision has been appealed, and
6. other decisions, measures and circumstances in general.

Section 50
Notifications pursuant to this Act to group members shall be made in the manner the court deems appropriate and taking into account Chapter 33, Section 3 a of the Code of Judicial Procedure.

The court may order a party to provide notification if this would be of significant benefit to the proceedings. In such a case, the party is entitled to reimbursement of costs from public funds.

The second paragraph also applies when notification is made by service. Act (2020:926).


All public power in Sweden emanates from the people and the Swedish Parliament (Riksdag) is the people's primary representative.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:57am On Jul 21
Appeal

Section 42
When the examination of a particular issue has been postponed in accordance with Section 27, the court shall decide whether the part of the judgment in which the decision is not final may be appealed separately. However, such a part of the judgment may always be appealed separately if the part of the judgment in which it is final is appealed for or against a group.

If a judgment is appealed specifically in accordance with the first paragraph, the court may decide that the case shall otherwise be stayed until the judgment has become final.

Section 43
The district court's decision on the withdrawal of a claim may not be appealed if the withdrawal has taken place within the time limit for notification pursuant to Section 14. However, a decision regarding legal costs issued in connection with the withdrawal may be appealed.

Section 44
A district court's decision to appoint a new plaintiff may be appealed by the previous plaintiff and by a group member who has proposed another plaintiff. A district court's decision to reject a request for a change of plaintiff may be appealed by a group member who has proposed such a change. The provisions of Chapter 49, Section 4 and Section 11, first paragraph, of the Code of Judicial Procedure shall apply to the appeal.

Section 45
A district court's decision during the trial may, in addition to what is stated in the Code of Judicial Procedure and Section 44, be appealed separately if the district court in the decision has
1. rejected the plaintiff's request to bring an individual class action or an organizational action without a representative or through a representative who is not a lawyer,
2. examined a question pursuant to Section 19 regarding admission as a member of the class, or
3. examined a question regarding approval of a risk agreement pursuant to Section 39.

Anyone wishing to appeal a decision referred to in the first paragraph must first report their dissatisfaction. The report must be made immediately if the decision has been announced at a meeting, and otherwise within one week from the day on which the appellant received the decision. Anyone who neglects to do so no longer has the right to appeal the decision.
If someone reports dissatisfaction, the court may declare the case suspended until the appeal has been heard, if there are special reasons.

Section 46
The provisions of sections 44 and 45 also apply to an appeal against a decision of a court of appeal that is not final in matters referred to in those sections and that have arisen in the court of appeal or that have been appealed to it.

Section 47
A group member may appeal a judgment or a final decision on behalf of a group and a decision on approval of a risk agreement pursuant to Section 39.

A group member is further authorized to appeal on his or her own behalf a judgment or decision that affects his or her rights.

Section 48
A complaint of dissatisfaction by a group member who is not a party to the proceedings may be made within one week of the date of the decision, if the decision has been announced at a meeting to which the member has not been summoned and has not yet appeared. The same applies if the decision has not been announced at a meeting and is not served on the member.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:54am On Jul 21
Risk agreement

Section 38
If the plaintiff has entered into an agreement with an attorney to the effect that the attorney's fee shall be determined taking into account the extent to which the claims of the class members are satisfied (risk agreement), the agreement may only be invoked against the class members if it has been approved by the court.

Section 39
A risk agreement may only be approved if the agreement is reasonable in the circumstances. The agreement shall be in writing. The agreement shall state how the fee is intended to deviate from a standard fee if the claims of the group members are upheld or rejected in full. The agreement may not be approved if the fee is based solely on the value of the subject matter of the dispute.

Section 40
The question of approval of a risk agreement shall be examined in an ongoing class action by the court at the request of the plaintiff.
If the legal matter covered by the risk agreement has not been initiated in court, the person wishing to bring a class action may request that the question of approval be examined by a court that has jurisdiction to hear the dispute. If it is not possible to determine which court has jurisdiction, the question of approval shall be examined by the Stockholm District Court.

An approval pursuant to the first paragraph shall lapse if a class action has not been initiated within six months of the approval. If there are grounds for doing so, the court may extend that period.

Section 41
When assessing what constitutes recoverable legal costs pursuant to Chapter 18, Section 8 of the Code of Civil Procedure, consideration shall not be given to additional costs that have arisen due to a risk agreement.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:53am On Jul 21
Separate claims

Section 37
If a claim has been separated in accordance with Section 24, the claimant and the group member are jointly and severally liable for the legal costs incurred before the separation. The group member is solely liable for costs incurred thereafter.

If the plaintiff or class member has caused legal costs through negligence or neglect, he or she shall be solely responsible for these costs.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:52am On Jul 21
Cost responsibility of a group member

Section 33
A group member who is not a party to the proceedings is liable for the legal costs of the case only in the cases referred to in Sections 34 and 35.

Section 34
If the defendant has been ordered to reimburse the plaintiff's legal costs or to pay the state such costs as referred to in Section 32 and the defendant is unable to pay, the group members concerned are obliged to reimburse these costs.
The same applies to additional costs in the event of a risk agreement that the defendant is not obliged to pay under Section 41. Each group member is responsible for his or her share of the costs and is not obliged to pay more than what has accrued to him or her through the legal proceedings.

Section 35
A group member who is not a party to the proceedings shall compensate for the costs that the member has caused through any action referred to in Chapter 18, Section 3, first paragraph, of the Code of Judicial Procedure or through such negligence or neglect as referred to in Section 6 of the same chapter.

Section 36
If a member has joined as a party to the class action in connection with an appeal or thereafter, the member as a party is only liable for costs incurred in the higher court.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:51am On Jul 21
Special rules on legal costs etc.

Right to compensation and responsibility for costs

Section 30
A person who, in accordance with Section 21, paragraph 2, has been ordered to bring a class action as a plaintiff is entitled to compensation from public funds corresponding to the cost of preparing the proceedings and conducting the action, as well as fees for counsel or counsel, if the cost was reasonably incurred to safeguard the rights of the class members. Compensation shall also be given for the plaintiff's own work and the loss of time due to the proceedings. A hearing for the settlement of a dispute that is of immediate importance to the action being brought is considered a measure for preparing the proceedings.

The court may decide to advance the compensation in a reasonable amount if it is reasonable taking into account the extent of the costs or work that the assignment has entailed, the time that the trial can be expected to last and other circumstances.

Section 31
A person who, in accordance with Section 21, second paragraph, has been ordered to bring a class action as a plaintiff is not obliged to pay compensation for the opposing party's legal costs in cases other than those referred to in Chapter 18, Section 6 of the Code of Judicial Procedure. Instead, the person who was previously a plaintiff in the case as a party shall be liable for these legal costs. He or she shall also reimburse the State for what has been spent from public funds in accordance with Section 30, to the extent that the complainant or anyone else is not obliged to pay such compensation.

If someone has taken over the plaintiff's action in connection with an appeal or subsequently in a case other than that referred to in the first paragraph, he or she, as a party, is only liable for legal costs incurred in the higher court. Instead, the person who was previously the plaintiff in the case is liable for legal costs in the lower court.

Section 32
The provisions of the Code of Judicial Procedure concerning liability for legal costs shall also apply to compensation from public funds paid to a claimant pursuant to Section 30. Compensation for such costs shall be paid to the State. The court shall examine the question of compensation without a claim.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:49am On Jul 21
Legal force

Section 29
The court's decision in a class action has legal force in relation to all class members covered by the decision.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:49am On Jul 21
Content of the decision

Section 28
In a judgment, the court shall state the group members to whom the judgment relates. This also applies to a decision, if necessary in view of the nature of the matter.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:48am On Jul 21
On postponement of the examination of a certain issue

Section 27
If it is appropriate with regard to the investigation and can be done without significant inconvenience to the defendant, the court may issue a judgment which, for certain group members, constitutes a final decision on the matter and which, for other group members, means that the examination of a particular issue is postponed.

The court shall order each class member for whom the case has not been finally decided to request that the remaining issue be examined within a certain period of time. In the case of class members who submit such a request, the court shall decide in accordance with the second and third paragraphs of section 24 on separation and on the continued proceedings. If a class member does not submit a request for examination of the remaining issue, the member's action shall be dismissed, unless the defendant has admitted the claim or it is obvious that the action is well-founded.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:47am On Jul 21
Conciliation

Section 26
A settlement entered into by the plaintiff on behalf of a group is valid if the court confirms it by judgment. The settlement shall be confirmed at the request of the parties, unless it is discriminatory against certain group members or otherwise manifestly unfair.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:46am On Jul 21
Change of claimant

Section 21
If the plaintiff is no longer deemed suitable to represent the class members in the case, the court shall appoint someone else who has standing under Sections 4-6 to bring the class action as plaintiff.

If a new plaintiff cannot be appointed in accordance with the first paragraph, the class action shall be dismissed. However, if the plaintiff is the appellant's counterpart in a higher court, the court may appoint someone else who is deemed suitable to act as plaintiff in the class action.

Section 22
In cases other than those referred to in Section 21, someone else may take over the plaintiff's action only if the plaintiff has transferred his or her share of the matter to which the dispute relates or there are other special reasons.

Suspension of the class action or part of it

Section 23
If the plaintiff withdraws the class action within the period for notification pursuant to Section 14, the case shall be dismissed in its entirety. If the plaintiff withdraws the case within that period in part relating to the claim of a particular class member, that claim shall be dismissed.

If, after the expiry of the notification period, a question arises about dismissing the case in its entirety or dismissing the class action, the court shall give the parties and class members the opportunity to comment, unless it is clearly unnecessary.

The second paragraph also applies if the question arises of dismissing the case or dismissing the action in part relating to the claim of a particular class member.

Section 24
The court may determine a period within which a class member may notify the court in writing that he or she, if the class proceedings concerning his or her claim are suspended, wishes to join as a party and bring proceedings concerning his or her right.

If a notification of entry is made in accordance with the first paragraph, the court shall separate the claim to which the notification applies and decide on the continued proceedings. The court may, under the conditions specified in Chapter 1, Section 3 d of the Code of Judicial Procedure, decide that the case shall be handled in accordance with that section.

The court may transfer a separate case to another competent court, if this is best taking into account the investigation and other circumstances.

Section 25
If an appeal is withdrawn or is to be rejected for reasons other than that it was received too late, the provisions of Section 23, second and third paragraphs, and Section 24, first and second paragraphs, shall apply.

If an appeal has lapsed due to the plaintiff's absence from a main hearing, the case shall be reopened in accordance with Chapter 50, Section 22 of the Code of Judicial Procedure at the request of a class member, even if the plaintiff lacked legal grounds for his absence. The class member's application may be limited to a specific claim.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:44am On Jul 21
Subgroups

Section 20
The court may order someone to litigate alongside the plaintiff or in place of the plaintiff in a particular matter or part of the matter that concerns only the rights of certain group members, if this promotes expedient handling. Such an appointment may be given to a group member or, if this is not possible, to someone else.

The parties and affected group members shall be given the opportunity to be heard before the court makes a decision, unless this is clearly unnecessary. In the decision, the court shall state the part of the group and the issue or part of the matter to which the order relates.

The provisions of this Act concerning the plaintiff also apply, mutatis mutandis, to the person who has been ordered to bring the action pursuant to the first paragraph.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:44am On Jul 21
Transfer of the subject matter of the dispute

Section 19
If the plaintiff or a group member transfers the matter to someone else, the provisions of Chapter 13, Section 7 of the Code of Judicial Procedure shall apply to the right and obligation of the acquirer to become a member of the group.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:43am On Jul 21
Extension of the action

Section 18
The court may allow the plaintiff to expand a class action to include other claims of the class members or new class members, if this can be done without causing a significant delay in the decision in the case and without significant inconvenience to the defendant in other respects. An application for expansion of the action shall be made in writing and shall contain such information as is specified in Section 9.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:42am On Jul 21
The continued processing

The plaintiff's obligations

Section 17
When pursuing the action, the plaintiff shall take into account the interests of the group members.

In important matters, the plaintiff shall give the class members an opportunity to express their views, if this can be done without major inconvenience. If a class member so requests, the plaintiff shall provide such information as is relevant to the member's rights.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:42am On Jul 21
Discord

Section 16
A group member who is not a party may, even if he or she has not entered the proceedings as an intervener, raise an objection of disqualification against a judge within two weeks from the day on which he or she became aware that the judge was participating in the proceedings. If the circumstance giving rise to disqualification was not known to the member at that time, the objection may be raised within two weeks from the day on which the member became aware of such fact.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:41am On Jul 21
Group member's position

Section 15
A group member shall be treated as a party when applying the rules of the Code of Judicial Procedure regarding conflicts of interest, ongoing litigation, consolidation of cases, hearings during the trial and other issues relating to evidence.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:40am On Jul 21
Group determination

Section 14
A group member who has not notified the court in writing within the time determined by the court that he or she wishes to be included in the class action shall be deemed to have withdrawn from the group.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:39am On Jul 21
Agent

Section 11
Individual class actions and organizational actions shall be brought by a representative who is a lawyer. If there are special reasons, the court may allow the action to be brought without a representative or by a representative who is not a lawyer.

Section 12
A power of attorney that relates to litigation in general does not give the representative the authority to bring a class action or to receive a summons in a class action.

Notification to members that a class action has been initiated

Section 13[/b]If the plaintiff's application to initiate a class action is not rejected, the class members shall be notified of the lawsuit.

[b]The notification shall, as the court deems appropriate, contain

1. a brief account of the application,
2. information on
a) the class action as a form of proceedings,
b) the members' opportunities to participate in the proceedings themselves,
c) the legal effect of a judgment in a class action, and
d) what applies in terms of legal costs,
3. information on the name and address of the plaintiff and the representative,
4. information on the time set by the court for notification pursuant to section 14, and
5. information on other circumstances that are of significance to the rights of the class members.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:38am On Jul 21
Changing the form of speech

Section 10
A plaintiff in a lawsuit may apply in writing to the district court for the case to be converted into a class action. In such a case, the provisions of Section 9 and Chapter 42, Sections 2-4 of the Code of Judicial Procedure shall apply. An application may only be granted if the defendant agrees to this or if it is obvious that the advantages of a class action outweigh the disadvantages that such a lawsuit may be expected to cause for the defendant.

The application shall be served on the defendant for his/her opinion. If the application is unfounded, the court may immediately reject it.

If the district court where the case is pending is not competent to hear the class action, the application shall be submitted to a competent court. If the application is manifestly unfounded, the court may immediately reject the application instead of submitting it.
Nairaland General › Re: Are You Ready For This Class Action? by Bigkoko(op): 5:37am On Jul 21
Application content
Section 9
An application for a summons shall, in addition to what is stated in Chapter 42, Section 2 of the Code of Civil Procedure, contain information about
1. the group to which the action relates,
2. the circumstances that are common or similar to the claims of the group members,
3. the circumstances known to the plaintiff that are of significance for the examination of the claims of only certain group members, and
4. other circumstances that are of significance for the question of whether the claims should be processed in a group trial.

The plaintiff shall state in the application the names and addresses of all class members. Such information may be omitted if it is not necessary for the handling of the case. The plaintiff shall also provide information on other circumstances of importance for notification to the class members.

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