LEGAL PRINCIPLE: CIVIL PROCEDURE — Originating Summons — Affidavit Evidence — Requirement for Verification of Contentious Facts
PRINCIPLE STATEMENT
Originating summons is appropriate where the issue involves construction of a written law or document, or where there is unlikely to be any substantial dispute on issues of fact.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Keyamo v. House of Assembly, Lagos State & Ors (2002) NLC-122002(SC) at p. 1; Paras C–D.
"The law is well settled that originating summons may be employed to commence an action where the issue involved is one of the construction of a written law, instrument, deed, will, or other document or some question of pure law is involved or where there is unlikely to be any substantial dispute on issues of fact between the parties."
EXPLANATION / SCOPE
Originating summons is for cases where facts are undisputed or the issue is pure law or document construction. If there is likely to be substantial factual dispute, proceedings should be by writ of summons. The principle ensures that the correct procedure is followed. The court may convert originating summons to writ if factual disputes emerge. The rule promotes efficiency and fairness. The applicant must verify facts by affidavit. The respondent may challenge the use of originating summons. The court will examine whether the procedure is appropriate. The principle prevents the misuse of originating summons for contentious cases.
