LEGAL PRINCIPLE: CIVIL PROCEDURE — Service of Process — Service on Corporation — Service at Branch or Liaison Office Ineffective
PRINCIPLE STATEMENT
A corporate body can only be served under the relevant rules of court by giving the writ of summons or document to any director, trustee, secretary, or other principal officer of the corporate body, or by leaving the same at its registered or Head office. It is bad or ineffective to serve documents at any branch office.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC) at p. 14; Paras C–D.
"A corporate body in this context, either a company registered under the Companies and Allied Matters Act, 1990 or a statutory corporation such as the respondent in this case, can only be served under the relevant rules of court by giving the writ of summons or document to any director, trustee, secretary, or other principal officer of the corporate body to be served, or by leaving the same at its registered or Head office. It is bad or ineffective to serve the documents at any branch office."
EXPLANATION / SCOPE
Service on a corporation is only effective if made at its registered or head office or upon its principal officers. Service at a branch or liaison office is bad and ineffective. The principle applies to all civil proceedings involving corporate bodies. The rule ensures proper notice reaches those who manage the corporation. The court must set aside service made at a branch office. A party cannot rely on ineffective service to establish jurisdiction.