CHAPTER VII
OF THE MODE OF INSTITUTION OF ACTION
39. Every action of regular procedure shall be instituted by presenting a duly stamped written plaint to the court, or to such officer as the court shall appoint in that behalf. The plaint shall be accompanied by such number of summonses in form No. 16 in the First Schedule as there are defendants, and a precept in form No. 17 of the said Schedule.
The rights of the parties to an action have to be ascertained as at the commencement of the action.
Silva Vs. Fernando (15 N.L.R. 499)
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