PERSONAL SERVICE OF AN ORIGINATING PROCESS IS FUNDAMENTAL

The law is well settled that personal service of an originating process on a party to a proceeding is fundamental. It is service that confers jurisdiction on the Court seised of the matter. Where there is failure to serve a process where service is required, the person entitled to be served but not so serviced, is entitled, ex debito justicae to have it set aside.

– A. Aboki JSC. Odey v. Alaga (2021) – SC.9/2021

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STRAINING THE RULE ON PROOF OF SERVICE

The correct position of the law has repeatedly been stated by this court that it is straining the rule on proof of service to say that a defendant who filed a defence to the statement of claim was not served the writ of summons because there was no bailiff’s endorsement on the writ. See: Okesuyi v. Lawal (1991) 1 NWLR (Pt.176) 661, per Olatawura, JSC (of blessed memory).

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

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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 on the other party.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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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 of the Court to adjudicate upon the matter. Thus, failure to serve the adverse party with the necessary originating process invariably renders the proceedings by the Court and any orders predicated thereupon, nullities.

– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017

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SERVICE OF PROCESS SHOULD BE DONE IN THE RIGHT MANNER

Put in another way, service is a precondition to the exercise of jurisdiction by the Courts. Where there is no service or there is a procedural fault in service in subsequent proceedings are a nullity ab initio. This is based on the principle of law that a party should know or be aware that there is a suit against him so that he can put up a defence. If after service, he does not put up a defence the law will assume and rightly too for that matter that he had no defence. Failure to serve process where service is required in a particular manner is a fundamental vice. It deprives the Court of the necessary competence and jurisdiction to hear the suit. That is to say, that the condition precedent to the exercise of jurisdiction was not fulfilled.

– S.C. OSEJI, J.S.C. Odey v. Alaga (2021) – SC.9/2021

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PROOF OF DELIVERY OF DOCUMENT

Agbaje v. Fashola (2008) 6 NWLR (Pt. 1082) 90 at 142. “Where it is alleged that a document was delivered to a person who denies receiving such document, proof of delivery to such person can be established by: (a) dispatch book indicating receipt; or (b) evidence of dispatch by registered post; or (c) evidence of witness, credible enough that the person was served with the document.”

NON-SERVICE VITIATES ENTIRE PROCEEDINGS

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PERSONAL SERVICE OF AN ORIGINATING PROCESS IS FUNDAMENTAL

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STRAINING THE RULE ON PROOF OF SERVICE

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

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SERVICE OF ORIGINATING PROCESS ON OTHER PARTY IS JURISDICTIONAL

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SERVICE OF PROCESS SHOULD BE DONE IN THE RIGHT MANNER

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PROOF OF DELIVERY OF DOCUMENT

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