The Service Of Any Originating Processes Under The High Court Of The FCT Civil Procedure Rules 2018 Automatically Serves As A Notice To All Parties To Maintain Status Quo By Chioma Angela Okek

The Black`s Law Dictionary defined status quo as latin for ‘the
situation that currently exists’.^[1]

The Oxford Advanced Learner’s Dictionary defined it as, ‘the
situation as it is now.’² Parties involved in a court
case often apply to the court for an order for parties to maintain
staus quo. This application for parties to maintain status quo may
come in form of motion exparte (for Order of interim
injunction) or motion on notice (for Order of interlocutory
injunction). The aim of this order is to preserve the res or the
subject matter of the litigation from destruction pending the
determination of the substantive suit. In Okwaraoka v.
Offonze,^[2] Muhammad JSC referred to the case of
Oyeyemi v. Irewole Local Government Ikire,^[3] and
stated thus:

The whole purpose of an order to maintain status quo is to
preserve the res in the litigation from being invested, damaged or
frittered away with the result that if the appeal succeeds the
result would be nugatory in that the successful party would reap an
untimely judgment.

The issue:

Order 4 Rule 9 of the High Court of the FCT Civil Procedure
Rules 2018 (2018 Rules) provides that, ‘Every Originating process
shall contain an endorsement by the Registrar that parties maintain
status quo until otherwise ordered by the Court. This endorsement
shall be made on the general forms of writ of summons,^[4] writ for service out of
jurisdiction,^[5] general form of originating
summons,^[6] originating summons under Order
2^[7] and forms of Exparte originating
summons.^[8] It is important to note that, Order 4
Rule 9 is one of the innovations brought by the 2018 Rules, as such
there was no need for such endorsement on originating processes
filed under the 2004 Rules.

On the meaning of ‘endorse or endorsement’, Uwaifo JCA (as he
then was) in Ogboni v Ojah referred to the Oxford
Universal Dictionary Illustrated, 3rd edition to define ‘to
endorse’, ‘as to write on the back of (a document)’ and
‘endorsement, ‘as a signature, memorandum, or remark endorsed upon
a document.’^[9] In Pacers Multi-Dynamics Ltd v The
M.V. Dancing Sister & Anor, Rhodes-Vivour, JSC stated,
‘The primary meaning of, to endorse is to write on the
back’.^[10] Resolution of
issue:

The implications of Order 4 Rule 9 of the 2018 Rules are:

1. That the Registrars must always ensure that every originating
   process brought before him or she is endorsed that parties maintain
   status quo.
2. The service of every originating processes automatically serves
   as a notice to all parties to maintain status quo pending the
   determination of the substantive suit.
3. The provision of Order 4 Rule 9 impliedly makes the
   applications for interim or interlocutory injunction unnecessary,
   save for those pending appeal.
4. Although the Rule provides that it is the duty of the Registrar
   to endorse on the processes. For convenience and tidiness, it is
   advisable that the legal practitioner preparing the originating
   processes includes the endorsement while preparing his
   processes.
5. Defendant’s Counsel who may be seeking for every available
   opportunity to delay the course of justice may find recourse by
   raising unwarranted preliminary objections. This is because since
   the Rules make it mandatory that every originating process shall
   contain the endorsement. A preliminary objection may not be out of
   place if raised, for the court to determine whether or not the non-
   endorsement of an originating process by the Registrar that parties
   maintain status quo makes the originating processes incompetent,
   null and void.^[11]

[1] Bryan A Garner  (ed) (8th edn, West
Publishing Co 2004) 841. ² A S Hornby, (9^th
edn, OUP 2015).

[2] (2007) ALL FWLR (Pt. 361) 1771 at 1784 Paras. F-G
(C).

[3] (1993) 1 NWLR (Pt. 270) 462.

[4] Appendix to the 2018 Rules, Form No 1.

[5] Ibid Form No 2.

[6] (n 5) Form No 3.

[7] (n 5) Form No 4.

[8] (n 5 ) Form No 5.

[9] (1989) 1 NWLR (Part 100) [15]Paras B-G.

[10] (2012) LPELR-7848(SC) [24] paras. F-G.

[11] Fcda & Anor V. Kuda Engineering and
Construction Company Ltd & ors (2014) LPELR-22985(CA).