KUMAI BAYANG AKAAHS, JCA (Delivering the Leading Judgment): On 14th June, 2010, the Lagos High Court, Ikeja Judicial Division dismissed an application brought by the Claimant/Applicant in Suit No.ID/1616/09 praying for an order extending the time within which the Claimant/Applicant may apply to renew the Writ of Summons dated 4th September, 2009 and an order renewing the said writ of summons. The learned trial Judge considered Order 6 Rules 6(1), (2) and 7 of the High Court of Lagos State (Civil Procedure) Rules 2004 to hold that the life span of every originating process is six (6) months and not twelve (12) months and the condition precedent for bringing such application before the High Court as set out in Order 6 Rule 2 was not met since the application for the renewal of the writ was not made before the expiration of the writ. The learned trial Judge proceeded to hold that the writ had lapsed and the application to renew same cannot succeed and made an order dismissing the applica…
ILESANMI
V.
ESAN & ANOR
(2012) JELR 35054 (CA)
Court of Appeal 30 Mar 2012 Nigeria
Case
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Case Details
Suit Number:CA/L/891/2010
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Counsel:A. C. Igbokwe, Esq. with J. C. Ugo, Esq. For Appellant
A. I. Asemudara, Esq. for 1st Respondent.2nd Respondent in person. For Respondent
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