MOHAMMED V. N.D.I.C. (2024) 14 NWLR (PT. 1957) 67
ON ENDORSEMENT REQUIRED ON WRIT OF SUMMONS FOR SERVICE OUTSIDE A STATE OR CAPITAL TERRITORY
Section 97 of the Sheriffs and Civil Process Act states that every writ of summons for service under Part VII of the Act out of the State or the Capital Territory in which it was issued shall, in addition to any other endorsement or notice required by law of such State or the Capital Territory, have endorsed thereon a notice thus: “This summon (or as the case may be) is to be served out of the ………… State (or as the case may be) ……. and in the …… State (or as the case may be).” (P. 99, paras. C-E).
MOHAMMED V. N.D.I.C. (2024) 14 NWLR (PT. 1957) 67
ON WHETHER ENDORSEMENT REQUIRED ON WRIT OF SUMMONS FOR SERVICE OUTSIDE A STATE OR THE CAPITAL TERRITORY APPLIES TO ORIGINATING PROCESS ISSUED BY FEDERAL HIGH COURT
Similar to the Court of Appeal, the Federal High Court is a single court with several judicial divisions for administrative convenience. In effect, the issuance of an originating process out of one judicial division of the Federal High Court for service in another judicial division of the Federal High Court does not require the mandatory endorsement prescribed by section 97 of the Sheriffs and Civil Process Act. In this case, the originating writ of summons issued at the Federal High Court, Lagos and served on the appellant’s husband in Kaduna State without the endorsement stipulated by section97 of the Sheriffs and Civil Process Act is competent and valid. Further, the transfer of the case from the Lagos Judicial Division to Kaduna Judicial Division of the Federal High Court cured the defect in the filing of the original writ of summons in the Lagos Judicial Division. Consequently, the question of whether the participation of the appellant’s husband at trial amounted to a waiver of section 97 of the Sheriffs and Civil Process Act is an academic issue. [Samuel v. A.P.C. (2023) 10 NWLR (Pt. 1892)195; Biem v. S.D.P. (2019) 12 NWLR (Pt. 1687)377; P.D.P. v. Uche (2023) 9 NWLR (Pt. 1890) 523 referred to.] (Pp. 95, paras. A-B; 96 paras. A-B; 113, paras. E-F).