LEGAL PRINCIPLE: CIVIL PROCEDURE – Fair Hearing – Failure to Give Notice of Proceedings – Effect
PRINCIPLE STATEMENT
Failure to give notice of proceedings to an opposing party in a case where service of process is required is a fundamental omission which renders such proceedings void because the court has no jurisdiction to entertain it.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Wema Bank Nigeria Ltd. & Ors v. Odulaja & Ors (2000) NLC-721994(SC) at p. 5; Para A.
"Failure to give notice of proceedings to an opposing party in a case where service of process is required is a fundamental omission which renders such proceedings void because the court has no jurisdiction to entertain it."
EXPLANATION / SCOPE
Failure to give required notice of proceedings to an opposing party renders proceedings void—the court lacks jurisdiction to entertain them. Service of process is fundamental to jurisdiction. Without proper notice, the court cannot validly proceed. The defect is not irregularity but nullity. The opposing party is entitled to opportunity to be heard. Proceeding without notice violates fair hearing and deprives the court of competence. This applies to all proceedings where service is required. The court cannot assume jurisdiction over a party without proper notice. Any judgment entered without such notice is void ab initio and unenforceable.