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EVADING COURT PROCESSES TO CONTINUE WITH BUILDING RES

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In Von Joel v. Hornsey (1895) 2 Ch 774 – C.A. In that case, the evidence showed that the defendant had repeatedly evaded attempts to serve him with process, and in the meantime had gone on with the building. Again without regard to the ultimate rights of the parties, the court directed the defendant to pull down that part of the building thus erected.

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service of process

LITIGANT HAS NO DUTY TO PAY BAILIFF TO EFFECT SERVICE ON THE OTHER PARTY

[W]hen a litigant files a document in the court registry and pays all the fees, it is not his duty to pay the bailiff any money for transport or otherwise so that he could effect service on the other party, if he gives the bailiff any money it is only to speed up the services...

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SERVICE OF ORIGINATING PROCESS ON OTHER PARTY IS JURISDICTIONAL

Undoubtedly, the essence of service of originating processes upon a party, a defendant or Respondent as the case may be in administration of justice, cannot be over emphasized. Indeed, the service of origination process on a party is not merely important but fundamental. Indeed, it goes very deeply to the root of the Jurisdictional competence...

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INEFFECTIVE SERVICE VITIATES COURT’S JURISDICTION

In effect, it, [that is, ineffective service], is a fundamental vice that vitiates the exercise of the jurisdiction and competence of the Court. It is beyond what can be waived for it is a condition precedent to the invocation of the Court’s jurisdiction. – C.C. Nweze JSC. Odey v. Alaga (2021) – SC.9/2021 Was this...

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SERVICE OF PROCESS IS FUNDAMENTAL AND FAILURE VITIATES

In SGBN LTD VS ADEWUNMI (2003) LPELR 3081 (SC); (2003) 10 NWLR (PT 829) 526, this Court restated its concern thus: At page 539. “Service of process on a party to a proceeding is fundamental. It is service that confers competence and jurisdiction on the Court seized of the matter. Clearly, due service of process...

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SERVICE OF PROCESS

Again and strictly speaking, the issuing of civil process (here Writ of Summons) should be the concern of the High Court Law and the High Court Rules while the Service of such process will be referable to “the Law made for the Service of civil process of the Courts” – the Sheriffs and Civil Process...

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THE FUNDAMENTAL IMPORTANCE OF SERVICE OF COURT PROCESSES; SUBSTITUTED SERVICE; SERVICE OUTSIDE JURISDICTION

In Mohammed Mari Kida vs. A.D. Ogunmola (2006) All FWLR (Pt. 327) 402 (2006) 6 SCNJ 165 the suit was instituted at the High Court of Justice, Maiduguri, Bornu State. At time of instituting the suit the claimant gave the appellant’s residential address within jurisdiction as No. 4 Ahmadu Bello Close, Damboa Road, GRA, Maiduguri,...

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