CIVIL PROCEDURE — Originating Process — Originating Summons — Effect of Using Wrong Procedure Where Facts Are Contentious
Ratio Decidendi
Per Ogbuagu, JSC, in Osunbade & Ors v. Oyewunmi & Ors (2007) NLC-123-79-2002(SC) at p. 10; Paras A–C:
"It is now firmly settled that an Originating Summons, is an unusual method of commencing proceedings in the High Court and it is confined to cases where special statutory provisions exist for its application. It is not advisable, to make use of this procedure for hostile proceedings where the facts are in dispute."
Explanation / Scope
Originating summons is a summary procedure designed for cases involving the interpretation of documents, statutes, or other legal questions where there is no substantial dispute of fact. It is not intended for contentious or hostile proceedings where parties are in dispute over material facts. Using originating summons in such cases is procedurally improper because the court cannot resolve factual conflicts on affidavit evidence alone without cross-examination. The proper procedure for contentious matters is a writ of summons with pleadings and oral evidence.