APPELLATE PRACTICE ā Dismissal of Appeal under Order 6 Rule 10 ā Dismissal Without Proper Service ā Nullity
Principle Statement
Where a court proceeds to determine the matter before it without a proper service, the proceeding would amount to a nullity. It is not only null and void but also, unconstitutional. It amounts to a denial of fair hearing and the party affected by the outcome of the proceedings is entitled to have it set aside.
Ratio Decidendi (Source)
Per Muntaka-Coomassie, JSC, in FBN Plc v. T.S.A. Industries Limited (2010) NLC-123-316-2006(SC) at pp. 54ā55; Paras CāE.
"Where a court proceeds to determine the matter before it without a proper service, the proceeding would amount to a nullity. It is not only null and void but also, unconstitutional. It amounts to a denial of fair hearing and the party affected by the outcome of the proceedings is entitled to have it set aside."
Explanation / Scope
This principle establishes that proceedings without proper service are null and void and unconstitutional, amounting to denial of fair hearing. The party affected is entitled to have it set aside. The principle applies where service is challenged. It ensures that parties are properly served. The principle reflects the right to fair hearing. It prevents courts from proceeding without service. The court must ensure proper service. The principle provides guidance on the effect of lack of service.
