Court Declares Dropping Court Papers at Defendant’s Gate as Invalid Service
The National Industrial Court of Nigeria (NICN) sitting in Lagos, and presided over by Honourable Justice S. A. Yelwa has delivered a ruling in the case of Ressortir Nigeria Limited v. Gideon Okoli (Suit No: NICN/LA/198/2022). The case centered around a preliminary objection raised by the Defendant/Applicant, Gideon Okoli, challenging the jurisdiction of the court on the basis of improper service of originating processes.
The court was called upon to determine the fundamental principle of fair hearing and the necessity of proper service of court processes before a court can validly assume jurisdiction over a matter.
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After reviewing the arguments and affidavits presented by both parties, the court ruled in favor of the Defendant/Applicant, holding that the failure to personally serve the originating processes on the Defendant rendered the proceedings null and void.
The court reaffirmed that personal service of originating processes is mandatory unless an order for substituted service is granted, noting that the Defendant was not personally served. Since the service was defective and could not confer jurisdiction on the court.
The court further found that merely dropping the documents at the entrance gate of the Defendant’s last known residence did not constitute valid service. The bailiff should have taken additional steps to ascertain whether the Defendant was still residing there.
The court emphasized that jurisdiction is a threshold issue that must be satisfied before a court can hear a case and since the service was improper, the court lacked jurisdiction to entertain the suit.
Reacting to the decision of the court, the counsel to the Defendant, Anthony Ezeani noted that the decision in Ressortir Nigeria Limited v. Gideon Okoli reinforces the principle that proper service of court processes is a fundamental requirement for jurisdiction. According to him Courts in Nigeria have consistently held that failure to serve an originating process renders any subsequent proceedings a nullity, no matter how well conducted.
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