Dispute by parties

Where there is a dispute as to facts Originating Summons may still be used

Pam v. Mohammed [2008] 16 NWLR (Pt. 1112) 1 at 88, paras. E-F, per Tobi, JSC (of blessed memory):


“It is not the law that once there is a dispute on facts, the matter should be commenced by writ of summons. No. That is not the law. The law is that the dispute on facts must be substantial, material, affecting the live issues in the matter. Where disputes are peripheral, not material to live issues, an action can be sustained by originating summons. After all, there can hardly be a case without facts. Facts make a case and it is the dispute in the facts that give rise to litigation”.

Blogger’s Note:

The above case was cited by the Supreme Court, Per Alagoa, JSC in Asogwa v. P.D.P. [2013] 7 NWLR (Pt. 1353) 207 at 284, para B.
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