A concurrent writ is a writ which is intended to be served on parties who reside both within the situs of the Court which issued same and on parties who reside outside the jurisdiction of the Court.[1] Section 98 of the Sheriffs and Civil Process Act makes it mandatory that a concurrent writ of summons shall be marked “concurrent”. Thus, where a Plaintiff fails to comply with the condition precedent in Section 98 of the SPCA, it goes to the root of the case and robs the Court of jurisdiction. This is evidently because the proper issuance of a writ, which is the initiation process of any action, (as well as its proper service thereof), are conditions precedent to the exercise of the Court’s jurisdiction over the subject matter in dispute. [2]
[1]Sheriffs and Civil Process Act, ss 97 and 98.
[2]Nwabueze v Obi Okoye (1988) 4 NWLR (Pt 91) 664.