LEGAL PRINCIPLE: CIVIL PROCEDURE — Notice of Cross-Motion — Process Not Known to Law
PRINCIPLE STATEMENT
A court process that is filed but not known to law is null and void ab initio. If such process results in a judgment, ruling, or order, that judgment, ruling, or order is also null and void ab initio.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Mobil Producing Nigeria Unlimited & Ors v. Monokpo & Anor & Ors (2003) NLC-3202001(SC) at p. 55; Paras A–B.
"A court process which is filed but not known to law, in my humble view, is null and void ab initio. I can still move further. If the court process results in a judgment, ruling or order, the judgment, ruling or order, is also null and void, ab initio."
EXPLANATION / SCOPE
Processes not known to law are nullities. The principle applies to civil procedure. Any order founded on such process is also void. The rule ensures that only lawful processes are entertained. The court will strike out such processes. The principle is well-established.