"Furthermore, an application to relist a suit ought to be served upon the party and not the counsel, this is because the services of counsel ends upon the determination of the matter. In RECTOR KANO POLY VS DAN AGUNDI (Supra), it was held among others as follows:"The document in this suit is an application to relist a suit which had been struck out for want of diligent prosecution. Such a notice does not require personal service as it is not Strictu Sensu a writ of Summons. It is however, in my respectful opinion in a way, a process initiating an action. It qualifies respectfully as an originating summons because the action having been struck out completely or effectively brought litigation to an end. The motion on notice praying for its relisting must respectfully be served on the litigants in the instant appeal, the Appellant who will freely decide to brief either the former Counsel or another Counsel of their choice."

Per BADA, J.C.A IN DAEWOO (NIG) LTD v. IHEAWARA & ANOR CITATION: (2018) LPELR-43513(CA)