CIVIL PROCEDURE — Service of Process — Fair Hearing — Effect of Lack of Service
Ratio Decidendi
Per Mukhtar, JSC, in Olorunyolemi & Anor v. Akhagbe (2010) NLC-123-118-2002(SC) at p. 8; Paras B–C:
"Service of process on a party is so fundamental that absence of it may affect the jurisdiction of a court and render a court's proceeding a nullity."
Explanation / Scope
This principle establishes that service of process is fundamental; its absence may affect jurisdiction and render proceedings a nullity. The principle applies where service is challenged. It ensures that parties are properly notified. The principle reflects the right to fair hearing. It prevents courts from proceeding without proper service. The court must ensure proper service. The principle provides guidance on the importance of service of process.