CIVIL PROCEDURE — Pleadings — Statement of Claim — Supersession of Writ of Summons
Ratio Decidendi
Per Ogbuagu, JSC, in Omnia Nigeria Limited v. Dyktrade Limited (2007) NLC-123-176-2003(SC) at pp. 28–30; Paras A–C:
"A Statement of Claim supersedes a Writ of Summons. In determining either the jurisdiction of the court to entertain and determine the suit, or whether a reasonable cause of action is disclosed or whether the plaintiff has a locus standi, the court looks at the Statement of Claim and perhaps the Writ."
Explanation / Scope
This principle establishes that the Statement of Claim supersedes the Writ of Summons for determining jurisdiction, cause of action, and locus standi. The Statement of Claim contains the substantive allegations and facts, while the Writ only indicates the nature of the claim. The court examines the Statement of Claim to determine if jurisdiction exists, whether a reasonable cause of action is disclosed, and whether the plaintiff has standing. This prevents parties from circumventing jurisdictional defects by relying on the Writ. The principle applies in civil proceedings. The Statement of Claim must be read as a whole to determine these issues.