CHIMA ANOZIE V DR. KEN OBICHERE & ORS
June 13, 2025DR. CHINEDU IWU V GREGORY NWUGO & ORS
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 06006
In the Supreme Court of Nigeria
Fri Oct 17, 2003
Suit Number: SC.305/2002
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
AKINTOLA OLUFEMI EJIWUMI, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
FAMFA OIL LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was plaintiff at the trial Federal High Court, Abuja Division. It took out an originating summons ostensibly under Order 7 rule 8 of the Federal High Court Rules 2000. Due to an unexplained reason the originating summons sent to the defendants (now respondents) was not signed by the judge, rather, a registrar of the Court by name Ojo, signed the summons.
HELD
Appeal allowed
ISSUES
“(i) Whether or not the fact that it was the Registrar and not the Judge who signed the Originating Summons constitutes an incurable irregularity which invalidates the said Summons or render it a nullity.(ii) In considering the correct answer to Question (i), whether or not it is material whose lapse led to the ‘irregularity’ in the said Summons.”
RATIONES DECIDENDI
NATURE OF ORIGINATING SUMMONS
The very nature of an originating summons is to make things simpler for hearing. It is available to any person claiming interest under a deed, will or other written instrument whereby he will apply by originating summons for the determination of any question of construction arising under the instrument for a declaration of his interest. Per S.M.A Belgore J.S.C.
CASES CITED
Doherty V. Doherty (1968) NMLR 241Alhaji Dahiru Saude V. Alhaji Hakim Abdullahi (1989) 3 NSCC (Vol. 20) 177, 178.Bello V. Attorney General of Oyo State (1986) 6 N.W.L.R. (Part 45) 828.Consortioum M. C. V. N.E.P.A. (1992) 6 N.W.L.R. (Part 246) 132 at 142.Doherty V. Doherty (1968) NMLR 241.Falobi V. Falobi (1976) 1 N.M.L.R. 169Finnegan V. Cementation Co. Ltd. (1953) 1 Q.B. 688 at 699.Ojukwu vs. Onyeador (1991) 7 NWLR (pt. 203) 286, 30, 321.Okonjo V. Dr. Odje (1985) 10 S.C. 267.Okoye V. Nigerian Construction Co. Ltd. & Ors (1991) 6 N.W.L.R. (Pt.199) at 539.Onifade vs. Orayiwola (1990) & NNLR (pt. 161) 130, 1669.Saude V. Abdullahi (1989) 3 N.S.C.C. 177 at 187.Sken Consult (Nig.) Ltd. vs. Ukey (1981) 1 SC. 6, 2.Western Steel Workers Union vs. Iron and Steel Workers Union (1986) 3 NWLR (pt.30) 617, 627D.
STATUTES REFERRED TO
The Federal High Court Rules 2000
