CIVIL PROCEDURE — Service of Process — Service Out of Jurisdiction — Requirement for Leave of Court Before Issuing Writ for Service Out of Jurisdiction
Ratio Decidendi
Per Adekeye, JSC, in Agip (Nigeria) Ltd v. Agip Petroleum International & Ors (2010) NLC-351-2002(SC) at pp. 64–65; Paras D–B:
"No writ which, or notice of which, is to be served out of the jurisdiction shall be issued without leave of the court. The requirement of obtaining leave by the plaintiff to issue and serve its writ of summons outside the jurisdiction on the 1st defendant is a condition precedent without which the court would not be conferred with jurisdiction over the subject-matter in dispute. The failure to obtain leave to issue the writ out of jurisdiction in this case is a fundamental breach which robs the court of any jurisdiction."
Explanation / Scope
This principle establishes that leave of court is a condition precedent for issuing and serving a writ out of jurisdiction. Failure to obtain leave is a fundamental breach that robs the court of jurisdiction. The principle applies where a party seeks to serve process outside the jurisdiction. It ensures that courts have jurisdiction over foreign parties. The principle reflects the need for judicial control over extraterritorial service. It prevents parties from unilaterally serving process abroad. The court must ensure compliance before proceeding. The principle provides guidance on service out of jurisdiction.