LEGAL PRINCIPLE: CIVIL PROCEDURE – Parties – Service – Service on Person Having De Facto Control of Business Sufficient
PRINCIPLE STATEMENT
In a matter like this, it is enough to effect service on a partner (in the case of partnership firm) or, which is quite appropriate, service on a person having de facto control or management of a business using a business name and at the principal place of business.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Iyke Medical Merchandise v. Pfizer Inc & Anor (2001) NLC-291996(SC) at p. 12; Paras A–B.
"In a matter like this, it is enough to effect service on a partner (in the case of partnership firm) or, which is quite appropriate, service on a person having de facto control or management of a business using a business name and at the principal place of business."
EXPLANATION / SCOPE
Service on a person having de facto control or management of a business using a business name, at the principal place of business, is sufficient service. For partnerships, service on a partner suffices. The principle focuses on effective notice rather than technical precision. The person with de facto control is likely to bring the matter to the attention of the business owner. Service at the principal place of business ensures the document reaches the business. The rule prevents defendants from avoiding service by hiding behind procedural technicalities. The court requires proof that service was effected at the proper place on an appropriate person. The standard is reasonable likelihood of actual notice.
