LEGAL PRINCIPLE: CIVIL PROCEDURE – Service of Process – Irregular Service May Be Waived After Valid Issuance
PRINCIPLE STATEMENT
Once the writ or third party notice is validly issued, any defect in service becomes a mere irregularity which can be cured or waived.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Bank of Ireland v. Union Bank of Nigeria Ltd. (1998) NLC-691994(SC) at pp. 11–12; Paras D–E.
"Once the writ or third party notice in this case is validly issued, any defect in service becomes a mere irregularity which can be cured or waived."
EXPLANATION / SCOPE
Defective service is an irregularity, not a nullity, if the originating process was validly issued. The defendant may waive the irregularity by entering appearance. The principle applies to all service defects. The court may order fresh service or validate past service. The rule promotes substance over form.