CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO SERVICE OF PROCESS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO SERVICE OF PROCESS
[This Index in full and Judgment(s)/listed and published here can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| 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 |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
