CORAM
EMMANUEL OBIOMA OGWUEGBU , JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
PARTIES
MICHAEL KOLAWOLE
APPELLANTS
PEZZANI ALBERTO
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – RENEWAL OF A WRIT- APPLICATION FOR EXTENSION OF TIME
SUMMARY OF FACTS
The appellant sought to renew his writ of summons after it expired. It was discovered that his cause of action had lapsed at the time of the issuance of the writ.
HELD
The court held that though an application for renewal of a writ can be made after its expiration, the writ of summons did not support a valid cause of action.
ISSUES
Whether a Writ of Summons issued for more than twelve months and not served within that period can be renewed and whether there is in essence a difference between the Rules of Court in the Lagos High Court and those in the Rules of Court of Justice in England.
RATIONES DECIDENDI
WHEN THE COURT WILL REFUSE AN APPLICATION FOR EXTENSION OF TIME
APPLICATION FOR RENEWAL OF WRITS.
The provision about applying for renewal within the valid life of the Writ may have led many to assume that unless the Writ is made within twelve months, it cannot be made afterwards but it is obvious that if the Rule were interpreted in that manner, it would work hardship on the plaintiff. It seems to me that such a provision has been inserted in the Rule in order to distinguish a vigilant plaintiff from a lethargic one. Obviously a vigilant litigant would in accordance with the Rule, apply before the Writ actually expires, but this does not mean that a litigant who applies soon afterwards should not be heard- Craig J.S.C
APPLICATION FOR RENEWAL OF WRITS : WHEN SAME WILL BE DENIED.
Where there has been unnecessary delay in applying for extension, and where injustice will be caused to the other party if the time is enlarged, the application will be refused – Craig J.S.C
WHETHER IS APPROPRIATE TO RENEW A WRIT INCAPABLE OF SUPPORTING A VALID CAUSE OF ACTION
WRITS INCAPABLE OF RENEWAL.
It would be futile to renew a Writ which is incapable of supporting a valid cause of action – Craig J.S.C
CASES CITED
A. G. Leventis & Co. Ltd. V. J. Obiako (1963) 2 All NLR. 1
STATUTES REFERRED TO
None.