Generally, the rule of court provides for life span and renewal of originating processes. An expired writ is a dormant and ineffective process which had not been reactivated or the life renewed. It is no longer in force. The renewal is on application to the Court. Reference should be made to the relevant rules of court.
Under the High court of Federal Capital Territory (Civil Procedure) Rules 2018, Order 6(6) (1) and (2) and the High Court of Lagos State (Civil Procedure) Rules 2019, the life span of every originating process is 6 months and can be renewed within its life span upon application for another 3 months if the Court is satisfied that it has proved impossible to serve an originating process on any defendant within its life span. The renewal must be made upon an application and not suo motu by the court. The service of an expired originating summons is not an irregularity that could be waived aside; it is fundamental and touches on the jurisdiction of the Court.[1]
[1]Kayode and others v Registered Trustees of United African Methodist Church (2018) LPELR-44539(CA) 20-26 paras C-F.