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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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 Act Cap 189 of 1958. The reality of the present position is that the High Court of Lagos (Civil Procedure) Rules not only made provision for Service but also incorporated by direct reference, the Sheriffs and Civil Process Act.
– Oputa, JSC. Adegoke v. Adesanya (1989)
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
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
[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)
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
Service of an originating process, such as the writ of summons, originating summons, notice of appeal, etc, is fundamental and goes to the root of the competence of the Court to adjudicate. Where an originating process has not been served on the adverse party, the non-service vitiates the entire proceedings and any orders made therein. The premise for this proposition is that a party to a proceeding should know or be aware that there is a case against him in order to afford him adequate opportunity to defend himself if he desires to do so.
– A. Aboki JSC. Odey v. Alaga (2021) – SC.9/2021
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