CIVIL PROCEDURE — Pleadings — Statement of Claim — Incorporation of Reliefs from Writ of Summons
Ratio Decidendi
Per Ogbuagu, JSC, in EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC) at pp. 20–21; Paras E–A:
"Reference in a statement of claim to the writ for the reliefs claimed in the writ of summons makes the statement of claim complete as it incorporates the writ. I am satisfied that where the statement of claim states that the plaintiff claims 'as per writ of summons', the claim in the writ of summons is incorporated in the statement of claim and becomes part of it."
Explanation / Scope
This principle establishes that a reference in the statement of claim to the writ of summons for the reliefs claimed incorporates the writ into the statement of claim. The statement of claim becomes complete with the reliefs from the writ. The principle applies where the statement of claim refers to the writ. It ensures that the reliefs are properly pleaded. The principle reflects the need for completeness in pleadings. It prevents technical objections. The court must consider the writ as incorporated. The principle provides guidance on the relationship between the writ and statement of claim.