LEGAL PRINCIPLE: CIVIL PROCEDURE — Committal Proceedings — Service of Process — Proof of Service of Court Process
PRINCIPLE STATEMENT
A bailiff can prove service by swearing to an affidavit of service; a certificate of service under Order 7 rule 16 is one means of proof, but not the exclusive means.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in A.G., Anambra State & Ors v. Okeke & Ors (2002) NLC-1021997(SC) at pp. 5–6; Paras D–A.
"Where service of a court process is in dispute a bailiff can discharge the burden by swearing to an affidavit of service. Where a certificate of service in terms of 0.7 r 16 of the High Court Rules of Anambra State is produced, its production also serves the purpose of proof of service, but that does not mean that, it is an exclusive means of proof of service."
EXPLANATION / SCOPE
Service of court process may be proved by affidavit of service by the bailiff or by a certificate of service under the rules. Neither method is exclusive. The court will accept other satisfactory evidence of service. The principle ensures that technical defects in the prescribed form do not defeat proof of service. The party challenging service must provide contrary evidence. The standard of proof is on the balance of probabilities. The rule applies to all court processes, including committal proceedings. The court may examine the evidence and determine whether service was effected. The principle promotes substance over form.
