Rule 7 – Filing of Originating Process to be Determined by Date. 96. abdullahi i. mustapha. 166 Execution in Nigeria [1988] J.A.L. 98. Practitioners and operators in Nigeria now have serious issues to consider regarding the issue and service of the writ of summons in in rem actions. in the kano judicial division. ENFORCEMENT OF JUDGMENTS IN NIGERIA . 97. Of all these modes, Writ of Summons is the most used, as almost all causes of action can be enforced through it. PRIME is Nigeria’s largest E-Library of judicial precedents. UNION BANK OF NIGERIA PLC V. AYO DARE AND SONS (NIG.) between: yusuf dahiru. DEFAULT SUMMONS It should be noted and stated right away that the procedure by default summons is not the only summary judgement procedure known to the rules of courts in Nigeria. Box 50106, LUSAKA. Rule 2 – Form of Writ. You will find the full judgment of the cases you received in your emails on PRIME. By this procedure, the Creditor commences the suit in the High Court of a State or the Federal High Court of Nigeria. in the national industrial court of nigeria. 97) 305 – whether overruled in Awojogbagbe Light Industries Ltd. V. Chinukwe (1995) NWLR (Pt. The respondent filed a preliminary objection challenging the writ for non-compliance with the requirements for service outside jurisdiction in line with Section 97 of the Sheriffs and Civil Process Act. Rule 4 – Proceedings to be Commenced by Originating Summons. As the law stands, compliance with the Sheriff and Civil Process Act in the issue and service of an in rem writ … ahmad abdulazeez. 390) 379. n. pl. Prior to the court’s order of 12/6/12, the only act committed by the plaintiff was the filing of the writ of summons on 14/5/12. (3) Here, the suit was commenced in the Federal High Court, Lagos via writ of summons which was served on the respondent in Abuja. In OKOMU OIL PALM CO. LTD v ISERHIENRHIEN (2001) 5 NWLR (Pt. Dif­fer­ence be­tween orig­i­nat­ing sum­mons and writ of sum­mons Business Day (Nigeria) - 2019-02-20 - LEGALPERSP­ECTIVES WITH ODUNAYO OYASIJI - They are both means of com­menc­ing a civil ac­tion in court. ... Money judgment can be enforced in one or more of the following ways; Writ of Fieri Facias, Garnishee proceedings, Judgment summons and Writ of sequestration. Endorsement on writ for service outside a State. with the court, and these documents (known as pleadings) are served on you. Rule 5 – Form of Originating Summons. In some circumstances, there may be no pleadings, but just an affidavit by the Plaintiff and a counter affidavit by the Defendant. And what was issued was re-issued on the 12/6/12 in respect of the same suit/matter, CV/3314/12. The rules of court are the Supreme Court (Civil Procedure) Rules, first made on 19 th September 1945 (see Cap 211, Vol X, Laws of Nigeria 1948 edition, the 'Old Supreme Court' Rules (Nigeria). Therefore it was a valid claim and the trial court was right to have entertained same. The following domestic laws and regulations govern the recognition and enforcement of foreign judgments in Nigeria: ... the judgment creditor should institute a case via a writ of summons… Interpretation. An action is commenced by an OS when (1) it is required by a statute or (2) a dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. Talking about processes in Nigeria, the judgment is based on the writ of summons, the statement of claim and sometimes, statement of defence. A Writ of Summons must be served upon the Defendant; however, once a Writ of Summons has been filed, other documents may simply be mailed to the Defendant’s address. A Writ of Summons is an official legal document, “summoning” a person to appear in court. suit no: nicn/kn/46/2017 . 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