LEGAL PRINCIPLE: CIVIL PROCEDURE — Service of Process — Service on Limited Liability Company Must Comply With Statutory Requirements
PRINCIPLE STATEMENT
Service on a company must be at its registered office. Service at a branch office is bad and ineffective. Substituted service cannot be made to a corporation because personal service can only be effected on natural or juristic persons through proper channels.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Mark & Anor v. Eke (2004) NLC-351997(SC) at pp. 16–17; Paras E–B.
"The Companies and Allied Matters Act by section 78 makes a provision as how to serve documents generally or any company registered under it. By this, a court process is served on a company in the manner provided by the rules of court. A service on a company, as this provided, must be at the registered office of the company and it is therefore, bad and ineffective if it is done at a branch office of the company. … The procedure is by giving the writ to any director, trustee, secretary or other principal officer at the registered office of the company or by leaving the same at its office. … The need for substituted service arises because personal service cannot be effected and since personal service can only be effected on natural or juristic persons, the procedure for substituted service cannot be made to a corporation."
EXPLANATION / SCOPE
Service on a company must be at its registered office. The principle applies to civil procedure. Branch office service is ineffective. Substituted service does not apply to corporations. The rule ensures proper notice. The court will enforce strict compliance. The principle is well-established.