Jane Alatede V Joseph Jeje Falode And Anor (1966)

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BRETT, J.S.C. 

This is an appeal against the order of Ogunkeye J., in the High Court of Western Nigeria, “striking out” a writ of summons. It is more usual to talk of setting aside a writ of summons, which is the court’s own order, than of striking it out, but the intention seems to have been to quash the writ altogether, and we attach no special significance to the expression used. Since the proper construction of the relevant provisions of the High Court (Civil Procedure) Rules is said to be of importance in a number of actions now pending, the hearing of the ap-peal was expedited and by consent compliance with certain of the provisions of Order 7 of the Supreme Court Rules was dispensed with.

Order 2, rule 1, of the High Court (Civil Procedure) Rules provides that-

“Every action shall be commenced by writ of summons, which shall show the cause of action and be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action.”

Rules 2-7 provide for other indorsements and rule 8 reads –

“(1) A writ of summons shall be in the form provided in the First Schedule to these Rules.

(2) Blank forms shall be obtainable at every Registry and no other form may be used.”

Rule 9 provides for the preparation of the writ by the plaintiff or his solicitor or by the Registrar from the dictation of an illiterate plaintiff who is suing in person, and rule 10 reads –

“Every writ of summons issued out of the Registry shall be signed and sealed by the Registrar of the court issuing the writ and shall thereupon be deemed to be issued.”

The remaining rules in Order 2 are immaterial.

The form of writ of summons obtainable at a Registry measures 7 inches by 10 inches. On the obverse, below the heading and the name of the judicial division and the number of the suit, there is space for the name of a single plaintiff and a single defendant and then a printed formula commanding the persons to whom the writ is addressed to attend the court at a stated time and place. Then follow a space for the Registrar’s  signature and seal and for a re-cord of fees and at the foot there appear the words “The plaintiffs claim is indorsed on the reverse side hereof.

The reverse reads–

”Writ of Summons

Indorsements