LEGAL PRINCIPLE: CIVIL PROCEDURE — Case Management — Presumption of Regularity — Omnia Praesumuntur Rite Esse Acta
PRINCIPLE STATEMENT
With the issue of a writ of summons, there is a presumption that an application was made by the plaintiff to the court registrar for the issue of the summons. The maxim omnia praesumuntur rite esse acta applies, and the presumption has not been rebutted.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Kossen (Nig.) Limited v. Savannah Bank of Nig. Limited (1995) NLC-2091989(SC) at p. 15; Paras. A–C.
"With the issue of the writ of summons in this case there is the presumption that an application was made by the plaintiff to the Court Registrar for the issue of the summons. The maxim is omnia praesumuntur rite esse acta. This presumption has not been rebutted by the appellants in this case."
EXPLANATION / SCOPE
The presumption of regularity applies to judicial acts. The party alleging irregularity must rebut the presumption. The principle applies to all court proceedings. The court will assume that formalities were complied with. The rule promotes efficiency and finality. The burden is on the party challenging regularity. The presumption is rebuttable.
