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Statement of Claim

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On Whose Case Determines The Cause Of Action Filed In Court

The law is well established that it is the plaintiffs case that determines the cause of action filed in Court. In order to ascertain a cause of action, the immediate materials a Court should look at are the writ of summons,and the averments in the statement of claim. See Ossai V. Wakwah (2006) 4 NWLR (Pt. 969) 208 at 229. Diapianlong v. Dariy (2007) 8 NWLR (Pt. 1036) 332; Ejiro V. Idris (2006) 4 NWLR (Pt. 971) 538 at 560 – 561.

EMEKA V. IKPEAZU & ORS: LGC(10/3/2017)E

On The Effect Of An Averment In A Statement Of Claim Which Is Not Denied In The Statement Of Defence

Where an averment in a statement of claim is not denied in a statement of defence, same is deemed admitted. That which is admitted needs no proof. See Adesanoye V. Adewole (2000) 9 NWLR (Pt. 671) at 145 paragraph A.

ORIANZI V. THE ATTORNEY GENERAL, RIVERS STATE & ORS: LGC(24/2/2017)F

On The Ground Upon Which The Statement Of Claim May Be Struck Out Or Dismissed By The Court

Corollary, it is only where the statement of claim discloses no cause of action and if the Court is satisfied that no amendment, however unserious will cure the defect that the statement of claim will be struck out and the action dismissed. Where no question as to the civil rights and obligations of the Plaintiff is raised in the statement of claim for determination, the statement of claim will be struck out and the action dismissed. See Thomas v Olufosoye (1986) 1 NWLR (Pt. 18) 669; Dantata v Mohammed (2007) 7 NWLR (pt. 664) 176, Uwazuruonye v The Governor of Imo State & Ors (2013) 8 NWLR (Pt. 1355) 28.

BARBUS & COMPANY NIGERIA LIMITED & ANOR v. OKAFOR-UDEJI:LGC(18/5/2018)D

On Whether The Statement Of Claim Is The Relevant Document In Determining The Jurisdiction Of The Court

In determining whether the Court has jurisdiction to entertain the subject matter the relevant document is the statement of claim and not the writ of summons and this the Supreme Court gave its stamp of authority in the case of OMNIA NIG. LTD. v DYKTRADE LTD (NO. 2) (2007) 7SC 44 at 79-80.

THE ATTORNEY GENERAL OF THE FEDERATION OF NIGERIA V. THE ATTORNEY GENERAL OF ANAMBRA STATE:LGC(15/12/2017)L

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