CIVIL PROCEDURE — Originating Summons — When Appropriate — Construction of Written Law
Ratio Decidendi
Per Onnoghen, JSC, in Ezeigwe v. Nwawulu (2010) NLC-123-261-2008(SC) at p. 13, para. D – p. 14, para. A:
"Originating Summons procedure is adopted where the sole or principal question at issue is, or is likely to be that of the construction of a written law or of any instrument made under any written law; or where there is likely to be no or any substantial dispute of law or of any deed, will, contract or other document or some other question relevant to the determination of the issue in controversy."
Explanation / Scope
This principle establishes that originating summons is appropriate where the principal question is construction of written law or instrument, or where there is no substantial dispute of fact. The principle applies where the appropriate procedure is in issue. It ensures that originating summons is used for legal questions. The principle reflects the summary nature of the procedure. It prevents its use where facts are disputed. The court must determine if the procedure is appropriate. The principle provides guidance on when originating summons is suitable.