ACTION – ORIGINATING PROCESS(ES) – Effect of an incompetent originating process


“…Flowing from the foregoing, I hold that the Writ of Summons and Statement of Claim by which the suit was instituted before the trial Court are incompetent. I also hold that the trial Court was consequently deprived of the jurisdictional competence to entertain the suit as instituted by the Appellants. The proceedings, inclusive of the judgments, of both the trial Court and the lower Court have no legs to stand on and therefore a nullity. The incompetence of the originating processes by which the suit before the trial Court was instituted and the futility of the proceedings before the two lower Courts obviate the need to consider the second limb of the 1st Respondent’s objection.” Per ADAMU JAURO, JSC in YONGO & ORS v. HAANONGON & ORS (2022-LCER-46535-SC) (Pp 13 – 13; Paras B – F)

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