CONSTITUTIONAL LAW — Fair Hearing — Service of Court Process as a Condition Precedent to Jurisdiction
Principle Statement
Service of court process is a precondition to vesting jurisdiction in the court. Where notice of proceedings is required, failure to notify any party is a fundamental omission which entitles the party not served to have the order set aside on the ground that a condition precedent to jurisdiction has not been fulfilled.
Ratio Decidendi (Source)
Per Tobi, JSC, in Teno Engineering Ltd v. Adisa (2005) NLC-123-301-2000(SC) at p. 4; Paras B–C.
"Service of court process is a precondition to vesting jurisdiction in the court. Where notice of proceedings is required, failure to notify any party is a fundamental omission which entitles the party not served and against whom any order is made in his absence to have the order set aside on the ground that a condition precedent in the exercise of jurisdiction for the making of the order has not been fulfilled."
Explanation / Scope
Proper service of process is a condition precedent to the court’s exercise of jurisdiction. Failure to serve a party vitiates any order made in their absence. The principle applies to constitutional fair hearing and civil procedure. The rule ensures that parties are notified before being bound by court orders.
