LEGAL PRINCIPLE: CIVIL PROCEDURE – Probate Proceedings – Probate Matter vs Probate Action – Distinction Between Matter and Action
PRINCIPLE STATEMENT
Proceedings in respect of the Administration of Estates is governed by the High Court Law and Rules of Procedure made thereunder... By Order 1, rule 2 of High Court (Civil Procedure) Rules 'action' means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of Court... 'Matter' includes every proceeding in court not a cause. 'Probate actions' includes actions and other matters relating to the grant or recall of probate or letters of administration other than common form business... The law has by this definition contemplated the situation where interlocutory proceedings will arise in a cause and has provided for such eventualities... 'Matter' may be defined as a proceeding not a cause. That is to say every proceeding which is not an original proceeding between Plaintiff and Defendant. Herein lies the distinction.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Igunbor v. Afolabi & Anor (2001) NLC-841996(SC) at pp. 12–13; Paras A–B.
"Proceedings in respect of the Administration of Estates is governed by the High Court Law and Rules of Procedure made thereunder... By Order 1, rule 2 of High Court (Civil Procedure) Rules 'action' means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of Court... 'Matter' includes every proceeding in court not a cause. 'Probate actions' includes actions and other matters relating to the grant or recall of probate or letters of administration other than common form business... The law has by this definition contemplated the situation where interlocutory proceedings will arise in a cause and has provided for such eventualities... 'Matter' may be defined as a proceeding not a cause. That is to say every proceeding which is not an original proceeding between Plaintiff and Defendant. Herein lies the distinction."
EXPLANATION / SCOPE
In probate proceedings, “action” means a civil proceeding commenced by writ (original proceeding between plaintiff and defendant). “Matter” includes every proceeding not a cause—not an original proceeding between parties. “Probate actions” include actions and matters relating to grant or recall of probate or letters of administration (excluding common form business). Interlocutory proceedings arising in a cause are contemplated. The distinction determines the mode of commencement—actions by writ, matters by motion or summons. An application for joinder as co-administrator is a matter, not an action, because it is not an original proceeding between adversarial parties. The distinction ensures procedural propriety.