RECTOR KWARA POLY V. ADEFILA [2024] 9 NWLR (PT. 1944) 529 SC
ON IMPORTANCE OF AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS IN DETERMINING DEFENCE OF LIMITATION OF ACTION RAISED IN SUIT
Where a suit is commenced by originating summons, the content of the affidavit in support of the summons, rather than pleadings, forms the basis of the court’s determination whether the defence of limitation of action is viable. In this case, all that the respondents’ supporting affidavit needed to provide in respect of the issue of statute-bar was the time the cause of action accrued and when the action against the appellants was commenced. [Adekoya v. Federal Housing Authority (2008) 11 NWLR (Pt. 1099) 539; Oteri Holding Ltd. v. Oluwa (2021) 4 NWLR (Pt.1766) 334 referred to.] (P. 544, paras. B-D).
MOHAMMED V. N.D.I.C. (2024) 14 NWLR (PT. 1957) 67
ON EFFECT OF “SHALL” USED IN SECTION 97 OF SHERIFFS AND CIVIL PROCESS ACT
The provision of section 97 of the Sheriffs and Civil Process Act is explicit on the requirement for a mandatory endorsement of an originating process issued in one State and to be served in another State. By the use of the word “shall”, it is deductible that any originating process to which the section relates should be endorsed stating that its service is to be effected outside the jurisdiction of the State of its issuance. (P. 94, paras. E-F).