JURISDICTION ā Jurisdictional Error ā Failure to Serve Process Vitiates Proceedings
Principle Statement
Failure to serve process where service of process is required is a failure which goes to the root of the jurisdiction of the court. Any proceedings in such cases are a nullity.
Ratio Decidendi (Source)
Per Tobi, JSC, in Teno Engineering Ltd v. Adisa (2005) NLC-123-301-2000(SC) at p. 4; Paras DāE.
"Failure to serve process where service of process is required, is a failure which goes to the root of the jurisdiction of the court. Any proceedings in such cases are a nullity."
Explanation / Scope
Failure to serve process is a fundamental jurisdictional defect that renders proceedings a nullity. Such defect cannot be cured by subsequent steps or consent. The principle applies to civil procedure and jurisdiction. The rule emphasizes that proper service is essential to valid court proceedings.
