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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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.
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
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.”
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
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
[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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