- October 25, 2016
- Posted by: Stephen Azubuike
- Category: Case Law Blog
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In our traditional settings, using the Igbo tribe of Nigeria as an example, where a person has a case against his fellow kinsman, he is required to table same before the elders (mainly orally). This oral presentation of a case is usually accompanied by kola nuts and sometimes hot drinks before it can be welcomed and entertained by the elders.
In the same way, the filing of a Writ of Summons and payment of the requisite filing fees are the “kola nuts and hot drinks” our courts accept before an action can be commenced. Typically, the Writ of Summons is a Form issued by the Court. However, in order to save time and money, the Rules of Court and practice allow a party to produce the Form and approach the registry of the court with copies of same for confirmation and filing. This applies to other originating processes such as Originating Summons, Originating Motion, etc.
On meaning of “Writ of Summons” and need for it to be competent:
Braithwaite v. Skye Bank Plc [2013] 5 NWLR (Pt. 1346) 1 at 22, paras B-C, per Ogunbiyi, JSC:
“A Writ of Summons is an originating process by means of which actions are commenced. The competence of such process is a pre-requisite for a valid and subsisting claim. Where the process fails to comply with the requirement of the law regulating its procedure, the court cannot assume jurisdiction thereon.”
