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SERVICE OF COURT PROCESSES - JUDGMENTS OF NIGERIAN COURTS

Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

TITLE

MAIN ISSUES

ABBEY NATIONAL PLC. V. FROST (SOLICITORS’ INDEMNITY FUND LTD INTERVENING)

SERVICE OF PROCESS:- Substituted service – Defendant solicitor’s whereabouts unknown – Plaintiff granted leave to effect substituted service of writ by serving on Solicitors’ Indemnity Fund – Whether power to order substituted service where no likelihood that such service would bring proceedings to notice of defendant – RSC Ord 65, r 4(3).

ADEGOKE MOTORS LTD. V. ADESANYA

SERVICE OF PROCESS:- Service of process out of jurisdiction - Non-compliance with S.99 Sheriffs and Civil Process Act - Effect - Skenconsult (Nig.) Ltd. v. Ukey (1981) 1 S.C. 6 and Ezomo v. Oyakhire (1985) 1 NWLR (Pt.2) 195 examined.

SERVICE OF PROCESS:- Service of process out of jurisdiction - Non-compliance with Sheriffs and Civil Process Act - Waiver of - What constitutes waiver.

ADEREMI ADEDAMOLA AJIDAHUN  V. MRS. DAPHINE OTERI AJIDAHUN

ACTION AND SERVICE OF PROCESS:- Service of writs – Fundamental nature of  - Need for the Defendant to be served with the process so as to enable him appear in Court to defend the relief being sought against him

ACTION – SERVICE OF WRITS:- Proof of service of writs - When Bailiff has sworn to the proof of service – Whether that is in law a compelling prima facie proof of Service of writ – How rebutted

ADETUNJI AKANDE v. I.N.E.C & ORS

SERVICE OF PROCESS - FILING OF COURT PROCESS:- The issue of time to complete the filing of all processes relating to the hearing and determination of an election petition

ADEYEMI  V. LAN AND BAKER (NIGERIA) LTD

SERVICE OF PROCESS:- Service of hearing - when notice is not necessary

ADOSCO NIGERIA LTD. & ANOR V. CHILEWA INVESTMENT LTD.

SERVICE OF PROCESS - COMMENCEMENT OF PROCEEDINGS: Effect of failure to commence a proceeding with a valid writ of summons

AMUWAH TRANSPORT (NIG) LTD V. O.A. TRANSPORT (NIG.) LTD

SERVICE OF PROCESS:- Service of process – Importance of

ANAMBRA STATE HOUSING DEVELOPMENT CORPORATION V. EMEKWU

SERVICE OF PROCESS:- Service of summons - Service effected six days before the return date - The effect of Service less than seven days from the return date - Whether the provisions of the Law has been breached - Magistrates court Rules (Anambra State), Order 2, Rule 3 Sheriffs and Civil Process Act, Cap. 189 Vol. 6, Laws of the Federal Republic of Nigeria s: 99.

BATURE MANYA v. STATE

SERVICE OF PROCESS - SERVICE OF PROCESSES: The principle that service of processes on a party is so fundamental that its absence may affect the jurisdiction of the court and render a court's proceedings a nullity – Whether implies that failure to serve a party the relevant processes in proceedings is a fundamental omission which will render the proceedings and any judgment predicated on it a nullity – Need for strict observance in a criminal trial where an accused person is entitled to have disclosed to him the nature of all relevant material evidence, including documentary evidence, prejudicial to him except in recognised exceptions

BAYERO V. CRUSADER INS. CO. LTD

SERVICE OF PROCESS:- Service of Process - Service of order granting leave to attach property - Whether can be taken as service of the notice of attachment.

BEN THOMAS HOTEL LTD. V. SEBI FURNITURE CO. LTD

SERVICE OF PROCESS - SERVICE OF PROCESSES:- Mode of service on a company - Order 5, rule 8(2) of the High Court of Kwara State (Civil Procedure) Rules, 1975, Suffices to be left at the registered office of the company and no more.

BEN OBI NWABUEZE V. JUSTICE OBI OKOYE

SERVICE OF PROCESS:- Service of processes outside state of issue – exclusive legislative competence of the National Assembly with respect to same.

SERVICE OF PROCESS:- Service of writ outside state of issue – Section 96 of Sheriffs and Civil Process Act as legislative authority for same.

BROAD BANK OF NIGERIA LTD. V. S. OLAYIWOLA  & SONS LTD.

SERVICE OF PROCESS:- Service of process – Defect in relation to – Effect.

 

CARIBBEAN TRADING & FIDELITY v. NIGERIAN NATIONAL PETROLEUM CORPORATION

SERVICE OF PROCESS - SERVICE OUT OF JURISDICTION:- Rule that leave of court should be sought before service of originating summons out of jurisdiction can be served

CHIBOKA NIGERIA LIMITED & ANOR v. NNATU-NWOSU ENGINEERING WORKS LIMITED

SERVICE OF PROCESS - SERVICE OF COURT PROCESS:- Whether failure to serve a process where the service is required renders the proceedings arising therefrom liable to be set aside



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