APOSTLE PHILIP ILESANMI V. SEGUN ESAN & ANOR

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…