ACTION – ORIGINATING PROCESS(ES) – Effect of a challenge to the validity of an originating process on the jurisdiction of the Court


“I will start by addressing the objection relating to the competence or otherwise of the originating processes by which the suit at the trial Court was commenced. This is an essential issue since an originating process is the foundation of any suit before any Court. Thus, failure to commence proceedings upon a valid and competent originating process, Writ of Summons in the instant case, goes to the root of the action. In a nutshell, a challenge to an originating process is a challenge to the jurisdiction of the Court and the exercise of the Court’s adjudicatory power. See KENTE V. ISHAKU & ORS (2017) LPELR-4207 (SC), OKPE V. FAN MILK PLC & ANOR (2016) LPELR – 42562 (SC) AND BRAITHWAITE V. SKYE BANK PLC (2012) LPELR – 15532 (SC).” Per ADAMU JAURO, JSC in YONGO & ORS v. HAANONGON & ORS (2022-LCER-46535-SC) (Pp 8 – 8; Paras B – E)

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