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Questions and Answers
What is the primary purpose of a writ of summons?
What is the primary purpose of a writ of summons?
- To notify the plaintiff of the legal action
- To specify the relief or remedy sought by the defendant
- To notify the defendant of the legal action against them (correct)
- To require the plaintiff to appear in court
What must a writ of summons typically contain?
What must a writ of summons typically contain?
- The name and address of the plaintiff only
- The name and address of the plaintiff and defendant (correct)
- The date and time for the plaintiff to appear in court
- The relief or remedy sought by the defendant
How can a writ of summons be served on the defendant?
How can a writ of summons be served on the defendant?
- Through verbal notification only
- By a phone call only
- By email or fax only
- Personally or by substituted means (correct)
What may happen if the defendant fails to appear in court?
What may happen if the defendant fails to appear in court?
Which of the following governs the writ of summons in Nigeria?
Which of the following governs the writ of summons in Nigeria?
What is the specific rule governing the writ of summons in the Federal High Court?
What is the specific rule governing the writ of summons in the Federal High Court?
Flashcards
What is a Writ of Summons?
What is a Writ of Summons?
A legal document issued by a court to formally start a lawsuit against someone.
What is the purpose of a Writ of Summons?
What is the purpose of a Writ of Summons?
The primary purpose is to inform the defendant about the lawsuit, state the plaintiff's claims, and require them to appear in court.
What are the contents of a Writ of Summons?
What are the contents of a Writ of Summons?
Includes the names and addresses of both parties, a summary of the claims, what the plaintiff wants, and the court date.
How is a Writ of Summons served?
How is a Writ of Summons served?
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What happens if the defendant doesn't appear in court?
What happens if the defendant doesn't appear in court?
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Which rules govern the Writ of Summons in Nigeria?
Which rules govern the Writ of Summons in Nigeria?
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Study Notes
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
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Description
Learn about the definition, purpose, and contents of a writ of summons in the Nigerian legal system, a legal document used to initiate a legal action against a defendant.
