Vol. 3, Issue 6 (2017)
A critical evaluation of the writ of summons for competent service
Author(s): Gina I Elvis-Imo, OI Derik-Ferdinand
Abstract: The judiciary is the arm of government saddled with the constitutional responsibility of interpreting statutes as well as the settlement of disputes among citizens publicly. This solemn duty is performed vide the court which is validly established and properly constituted by law. The jurisdiction of the court is invoked by due process of law. One of the most common modes of igniting the court’s power to perform its constitutional responsibility of adjudication of controversies among disputing parties is the service of validly issued Writ of Summons on the defendant. This paper therefore critically evaluates what constitutes a competent Writ of Summons for valid service on the defendant, albeit, a Writ of Summons issued by the court to commence civil action in a manner that would not result to objection of any kind. It adopts the meta-analytical style using primary and secondary sources of law, as well as the utilization of Socratic method of expository analysis and evaluation.