CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO SERVICE OF PROCESS (2)
FIND JUDGMENTS BY:
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| 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 |
| COMPAGNIE GENERALE DE GEOPHYSIQUE (NIGLT) CGG NIG LTD v. MOSES AMINU | SERVICE OF PROCESS – SERVICE OF PROCESS – HEARING NOTICE: Failure to serve a party with hearing notice where service of same is required – whether a fundamental omission which renders such proceedings void SERVICE OF PROCESS – SERVICE OF PROCESS:- Irregular service – When it can be waived – When deemed denial of fair hearing – Duty of an appellate to first settle of service of the Writ before delving into the issue of the proper court to entertain the action |
| DR. INIH A. EBONG V. MR. PETER JEROME EFFIONG | SERVICE OF PROCESS – SERVICE OF NOTICE: Purport of service of notice of proceedings |
| FELIX DICKSON V. CHIEF MARCUS OKOI & ORS | SERVICE OF PROCESS – SERVICE OF COURT PROCESSES: Whether the service of court processes is a condition precedent for a court’s jurisdiction; the object of service of processes |
| HON. BASSEY ETIM & ANOR. V. HON. EMMANUEL BASSEY OBOT & ORS. | SERVICE OF PROCESS – EFFECT OF NON- SERVICE:- Whether lack of service can set aside an order |
| HOPE UZODINMA v. SENATOR OSITA B. IZUNASO & ORS | SERVICE OF PROCESS – SERVICE OF COURT PROCESSES: The object of service of court processes |
| INTERNATIONAL COMMITTEE OF THE RED CROSS V. ISMAILA TIJANI OLABODE | SERVICE OF PROCESS – PERSONAL SERVICE OF COURT PROCESS:- Exception to personal service of court process |
| INTRA MOTORS NIGERIA PLC V. CHIEF A.M.A. AKINLOYE | SERVICE OF PROCESS:- Writ for service outside jurisdiction – Need to obtain leave to issue under order 5 rules 6 & 16 of the High Court (Civil Procedure) Rules of Oyo State 1998. |
| J.C.C. INTERNATIONAL LIMITED V. NIGERIAN GENERAL INSURANCE CO. LTD. | SERVICE OF PROCESS:- Service of process on a limited liability company – Process served on a secretary of the Managing Director – Whether it can be assumed that service was effected at the company’s principal place of business without words to such effect in the bailiff’s endorsement in the processes. |
| JUMOSIMA WARI & ORS v. MOBIL INC OF AMERICA & ANOR | SERVICE OF PROCESSES – ISSUANCE/SERVICE OF WRIT OF SUMMONS:- Issuance and service of a writ of summons meant for service on defendants outside the jurisdiction of a court – Whether governed by the same law – Nature of the issue of a writ of summons – Whether the foundation upon which the jurisdiction of a court can properly be invoked by the parties in respect of any dispute to be settled through the judicial process |
| KALU MARK V. GABRIEL EKE | COURT- SERVICE OF PROCESS:- Service of court process – Fundamental nature of- Where service not effected – Effect on proceedings of court and judgment – Remedy open to party not served. COURT – SERVICE OF PROCESS:- Service of court process – How proved – Fundamental nature of- Failure of service – Effect on jurisdiction of court. |
| KANO V. BAUCHI MEAT PRODUCTS CO. LTD. | SERVICE OF PROCESS:- Writ of Summons – Undefended list – Purchase made on credit – Substituted service – Hearing notice served on defendants – Both parties represented by counsel – Notice of intention to defend lied out of time – Judgment entered on adjourned date for mention. |
| KHAWAM V. ELIAS | SERVICE OF PROCESS:- Service of writ -Irregularity therein – Whether Defendant acceptance of service and taking other steps in furtherance thereof amounts to waiver of irregularity. |
| KIDA V. OGUNMOLA | SERVICE OF PROCESS:- Service of Court process – Whether a Defendant who resides outside the jurisdiction of the Court may be served by substituted means. SERVICE OF PROCESS:- When to request an order of substituted service against a Defendant. |
| KOLAWOLE V. ALBERTO | SERVICE OF PROCESS:- Service of court process – Essentials |
| KRAUS THOMPSON ORGANISATION LIMITED V. UNIVERSITY OF CALABAR | SERVICE OF PROCESS:- Entering of appearance without protest by defendant as to service of process – Whether submission amounts to proper jurisdiction presumed. |
| MANAGEMENT ENTERPRISES LTD AND ORS V. JOHNATHAN OTUSANYA | SERVICE OF PROCESSES:- Civil action – Need for service of process to be personal unless court otherwise orders – Service of writ issued against a dead person or his personal representatives – Whether leave of court required – Effect of breach of requirement for personal service. |
| MANGUT MASHINGIL & ORS v. CHIEF JETHRO M. AKUN & ORS | ACTION – SERVICE OF PROCESS:- Importance – Service of court process on some defendants or respondents – Whether translates to service of process on a all parties to the suit ACTION – SERVICE OF PROCESS:- A party without a legal practitioner – Legal requirement that he must be personally served the process of the court and that there cannot be service through proxy or by any other means unless a court grants or makes an order for substituted service of such process – Failure to serve a process where service of a process is required to be served – Effect – Whether renders any order made against the party not served with process null and void |
| MARTIN SCHROEDER V. MAJOR & COMPANY | SERVICE OF PROCESS:- Lack of service – Effect – Proof of service – Order 6, Rules 15 and 16 – Writ of Summons – Proof of service of – Non-compliance with rule 16 of Order 6, whether compliance with rule 15 sufficient to cure. |
| MICHAEL KAASE AONDOAKAA, SAN v. HON. EMMANUEL BASSEY OBOT & ANOR. | SERVICE OF PROCESS: Whether the issue of service of process is fundamental to adjudication |
| MRS. COMFORT AKINMOSIN v. MRS. AJOKE MAKINDE & ANOR | SERVICE OF PROCESSS:- Whether bailiff’s averments in the affidavit of service can be treated as an irrefutable or conclusive proof of service – On whom lies the burden of proving service – Need for party concerned to swear to a counter affidavit to controvert the affidavit of service – When to resolve dispute as to service of process- Consequence of failure to serve originating and other processes – Object of the service of all originating processes |
| N.E.P.A. v. ONAH | SERVICE OF PROCESS:- Service of Writ of Summons outside jurisdiction – Conditions for validity of- Section 97, 99 Sheriffs and Civil Process Act considered. |
| N.I.D.B. V. ADVANCE BEVERAGES INDUSTRIES LTD | |
| NATIONAL INSTITUTE FOR POLICY AND STRATEGIC STUDIES V. KRAUS THOMPSON ORGANIZATION | SERVICE OF PROCESS:- Certificate or affidavit of service – Whether prima facie or conclusive proof of service. SERVICE OF PROCESS:- Conflict between affidavit service and another affidavit – How resolved – Need to hear oral evidence from deponents – Whether other documents before the court can be relied on to resolve conflict. SERVICE OF PROCESS – Service of court processes on companies and corporations order order 6 rule 11 Lagos State High Court Civil Procedure rules – whether service on a company at its principal place of business within jurisdiction is proper. |
| NIGERIAN BOTTLING COMPANY PLC V. EZEIFO | SERVICE OF PROCESS:- Importance of – failure to effect same – Effect of. |
| NIGERIAN UNIVERSAL BANK LTD. & ORS. V. SAMBA PETROLEUM COMPANY LTD. | SERVICE OF COURT PROCESS: Purport of service of court process |
| OBOLO V. ALUKO | SERVICE OF PROCESS:- Subpoena issued in High Court – Served on defendant at instance of plaintiff – Procedure unsupported by law. |
| RICHARD EMEJUO NWOSU & ORS. v. GABRIEL N. NZEADIBE | SERVICE OF PROCESS – SERVICE OF NOTICE IN BENDEL STATE- Applicable procedure for an applicant or the court in a committal proceeding |
| SKENCONSULT NIGERIA LTD & ANOR V. GODWIN SEKONDY UKEY | SERVICE OF PROCESS – SERVICE OF WRITS:- Sections 98, 99, and 101 of the Sheriffs and Civil Process Act, Cap. 189, Vol.6, Laws of the Federation of Nigeria,1958 – Non-compliance with stipulations as to period of within which respondent is to answer to writ of summons – Whether renders proceedings so conducted premature and a nullity – Justification |
| UNITED NIGERIA PRESS LTD & ANOR V. ADEBANJO | SERVICE OF PROCESSES:- Civil Procedure – Ruling on application for substituted service by posting notice at last registered address of company not adequate when company ceased to do business – Where party sought to serve had fled address due to war – Duty of court thereto |
| WIMPEY (NIGERIA) LIMITED V. BALOGUN | SERVICE OF PROCESS – SERVICE OF WRIT – Service of Process ‑ Failure of Service ‑Doubt as to service ‑ Effect thereof. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
