LEGAL PRINCIPLE: CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Failure to File Affidavit Renders Summons Incompetent
PRINCIPLE STATEMENT
Where reliefs sought in proceedings commenced by originating summons are predicated on facts, such facts must be brought before the court by affidavit evidence; failure to file an affidavit renders the summons incompetent.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Keyamo v. House of Assembly, Lagos State & Ors (2002) NLC-122002(SC) at p. 3; Paras D–E.
"Where the reliefs sought in proceedings commenced by originating summons are predicated on facts, such should be brought before the court by affidavit evidence. It is only then that the court can know whether the facts are non-contentious so as to determine the propriety of commencing the proceedings by originating summons."
EXPLANATION / SCOPE
Originating summons must be supported by affidavit evidence if it relies on facts. The court needs the affidavit to determine whether there is a factual dispute. Failure to file an affidavit renders the summons incompetent. The principle ensures that the court has the necessary material to decide. The applicant cannot rely on bare assertions in the summons. The rule applies to all originating summons proceedings. The court may strike out the summons for non-compliance. The respondent may challenge the lack of affidavit. The principle promotes proper use of originating summons. The court will not grant reliefs without evidentiary support.
