PAUL ADESI ADEDAYO & 3 ORS V. FEDERAL MORTGAGE BANK OF NIGERIA & 2 ORS

ABBA BELLO MOHAMMED, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja, delivered on 17th September, 2018 in Suit No. FCT/HC/CV/2267/2017. The learned trial judge had struck out the Appellants’ suit on the ground that the suit was wrongly commenced with an Originating Summons instead of a Writ of Summons because the matter is of a hostile and contentious nature.

By an Originating Summons filed on 1st August, 2017, the Appellants commenced the Suit No. FCT/HC/CV/2267/2017 before the trial court seeking for the determination of some questions and claiming some declaratory and other reliefs against the Respondents. (See pages 1–4 of the Record of Appeal). The Summons was supported by an affidavit, a further and better affidavit and a written address. (See pages 5-7, 48–53 and 54–63 of the Record of Appeal, respectively).

Upon being served with the Originating Summons, the 1st Respondent filed a counter affid…