Whether section 98 of the Sheriffs and Civil Process Act on concurrent writ apply to the Federal High Court.

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An originating process issued by the Federal High Court in one territorial jurisdiction (within Nigeria) is not considered to be service outside jurisdiction when served in a different territorial jurisdiction and thus will not require to be endorsed for service outside a State and or marked accordingly as a concurrent writ. This is because the Federal High Court just like the National industrial court and the Court of Appeal is considered to be one, though with different judicial divisions only established for administrative convenience. In other words, out of jurisdiction for the purpose of service of originating process issued from the Federal High Court means ‘out of the Federal Republic of Nigeria’.[1]


[1] John Hingah Biem v Social Democratic Party and 2 others (unreported case) SC/341/2019 of 14 May 2019.

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