LEGAL PRINCIPLE: JURISDICTION – Competence of Court – Nullity Arising from Fundamental Defect of Non-Service
PRINCIPLE STATEMENT
Where a party is entitled to notice of a proceeding and there is failure to serve him, the failure is a fundamental defect which goes to the root of the competence (or jurisdiction) of the court. The leave granted is a nullity, and all things done pursuant to it are equally a nullity.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Leedo Presidential Motel Ltd v. Bank of the North Ltd (1998) NLC-411992(SC) at p. 30; Paras D–E & p. 31; Paras A–B.
"Where a party is entitled to notice of a proceeding and there is failure to serve him, the failure is a fundamental defect which goes to the root of the competence (or jurisdiction) of the court to deal with the matter... The leave granted is accordingly a nullity and all things done pursuant to it, that is, the attachment and sale of appellant's immovable property are equally a nullity."
EXPLANATION / SCOPE
Non-service of notice is a fundamental jurisdictional defect. The court lacks competence to proceed. The principle applies to all proceedings where notice is required. The defect cannot be cured. The rule protects the right to be heard. The proceedings are void ab initio. The principle is well-established.