Writ of Summons in Nigerian Legal System

Writ of Summons in Nigerian Legal System

Definition

A writ of summons is a legal document issued by a court to initiate a legal action against a defendant.

Purpose

The primary purpose of a writ of summons is to:

• Notify the defendant of the legal action against them
• Specify the claims made by the plaintiff
• Require the defendant to appear in court to respond to the claims

Contents of a Writ of Summons

A writ of summons typically contains:

• The name and address of the plaintiff and defendant
• A concise statement of the claims made by the plaintiff
• The relief or remedy sought by the plaintiff
• The date and time for the defendant to appear in court

Service of Writ of Summons

The writ of summons must be served on the defendant personally or by substituted means, such as:

• Service on the defendant's agent or representative
• Service by courier or registered post
• Service by publication in a newspaper (in exceptional cases)

Consequences of Failure to Appear

If the defendant fails to appear in court as required by the writ of summons, the plaintiff may:

• Apply for a default judgment against the defendant
• Obtain an order for the defendant's arrest

Statutory Provisions

The writ of summons is governed by the Nigerian Civil Procedure Rules, specifically:

• Order 3, Rule 1 of the Federal High Court (Civil Procedure) Rules 2019
• Order 3, Rule 1 of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2018
• Similar provisions in the rules of other high courts in Nigeria

Writ of Summons in Nigerian Legal System

• A writ of summons is a legal document issued by a court to initiate a legal action against a defendant.

Purpose of a Writ of Summons

• To notify the defendant of the legal action against them
• To specify the claims made by the plaintiff
• To require the defendant to appear in court to respond to the claims

Contents of a Writ of Summons

• Name and address of the plaintiff and defendant
• Concise statement of the claims made by the plaintiff
• Relief or remedy sought by the plaintiff
• Date and time for the defendant to appear in court

Service of Writ of Summons

• Must be served on the defendant personally or by substituted means
• Substituted means include:
  • Service on the defendant's agent or representative
  • Service by courier or registered post
  • Service by publication in a newspaper (in exceptional cases)

Consequences of Failure to Appear

• If the defendant fails to appear in court as required by the writ of summons
• The plaintiff may:
  • Apply for a default judgment against the defendant
  • Obtain an order for the defendant's arrest

Statutory Provisions

• The writ of summons is governed by the Nigerian Civil Procedure Rules
• Specifically:
  • Order 3, Rule 1 of the Federal High Court (Civil Procedure) Rules 2019
  • Order 3, Rule 1 of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2018
  • Similar provisions in the rules of other high courts in Nigeria