LEGAL PRINCIPLE: CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Contentious Facts Require Verification
PRINCIPLE STATEMENT
Without verification by affidavit evidence of the facts alleged in the originating summons, the summons is incompetent and should be struck out.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Keyamo v. House of Assembly, Lagos State & Ors (2002) NLC-122002(SC) at p. 1; Paras A–B.
"Without the verification by affidavit evidence of the facts alleged in the originating summons, the summons was incompetent and was rightly struck out by the trial court."
EXPLANATION / SCOPE
Facts alleged in an originating summons must be verified by affidavit. Without verification, the summons is incompetent. The court will strike it out. The principle ensures that the court has evidentiary support for factual assertions. The opposing party can test the facts. The rule applies to all originating summons proceedings. The applicant cannot rely on unverified allegations. The court may allow amendment or conversion to writ. The principle promotes proper procedure. The respondent is entitled to know the facts relied upon. The court will not proceed on unverified facts. The rule is fundamental to originating summons practice.