In the case of CHIEF GABRIEL IGBINEDION & ANOR VS WATSON & SONS LTD (2018) 8 NWLR (Pt. 1621) at 381 letters “A” to “B”, the Court of Appeal stated the law as follows: “….. any originating process such as an application for a writ of summons or statement of claim signed by a law firm, as was the case here, would render the initiation of the case bad and the subsequent proceedings predicated on the mortally defective originating process would bring to grief the entire suit and render the decision or judgment and ruling arrived threat a null and void.”
PARTY NOT SERVED ORIGINATING PROCESS CAN SET ASIDE CONCLUDED TRIAL
I need only say that this argument is, with respect, simplistic as the finality of a decision can only be predicated upon the decision on its merit and not where there has been no valid and competent trial, so to say. It is my view that where a party is not validly served the originating...