CIVIL PROCEDURE ā Service of Process ā Failure to Serve Party ā Effect on Jurisdiction
Principle Statement
Failure to serve a process where service of process is required to be served renders any order made against the party not served with process null and void. In the instant appeal not properly serving the appellant with process, whereupon service was served on it through counsel already debriefed by him to the knowledge of the applicant in the motion renders any order made against it in the application null and void.
Ratio Decidendi (Source)
Per Adekeye, JSC, in FBN Plc v. T.S.A. Industries Limited (2010) NLC-123-316-2006(SC) at p. 45; Paras DāE.
"Failure to serve a process where service of process is required to be served renders any order made against the party not served with process null and void. In the instant appeal not properly serving the appellant with process, whereupon service was served on it through counsel already debriefed by him to the knowledge of the applicant in the motion renders any order made against it in the application null and void."
Explanation / Scope
This principle establishes that failure to serve process renders any order against the unserved party null and void. Service on a debriefed counsel is not proper service. The principle applies where service is challenged. It ensures that parties are properly served. The principle reflects the right to fair hearing. It prevents orders against parties without proper notice. The court must ensure proper service. The principle provides guidance on the effect of failure to serve.
