LEGAL PRINCIPLE: PRACTICE AND PROCEDURE — Service Out of Jurisdiction — Purpose of Leave Requirement
PRINCIPLE STATEMENT
The restriction on issuing and serving judicial process out of jurisdiction enables the court to decide whether it is a fitting case to exercise judicial power over a person in another country; the rule ceases to be technical when related to its purpose.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Caribbean Trading & Fidelity Corporation v. NNPC & Ors (2002) NLC-741993(SC) at p. 7; Paras B–C.
"The restriction on the plaintiff's right to issue and serve judicial process out of the jurisdiction is to enable the court, an agency of the State, to decide whether it is a fitting case to exercise judicial power of the state over a person in another country to which its jurisdiction does not extend. When related to its purpose, the rule ceases to be a technical rule."
EXPLANATION / SCOPE
The requirement of leave to serve out of jurisdiction serves a purpose: to allow the court to decide whether it is appropriate to exercise jurisdiction over a foreign party. When understood in light of its purpose, the rule is not merely technical. The court should not apply it mechanically. The principle ensures that the court considers comity and fairness. The rule protects foreign parties from being subjected to local jurisdiction without sufficient connection. The court will examine whether the case has sufficient nexus to the jurisdiction. The purpose is to prevent abuse. The principle promotes reasoned decision-making. The court will grant leave where appropriate.
