EVIDENCE LAW — Presumptions — Service of Process — Presumption Under Section 150(1) of Evidence Act
Principle Statement
The fact that a party was in court on the day a matter is slated to come up is not necessarily a confirmation that the other party was actually served with the hearing notice. There must be actual proof of service on the necessary parties, i.e. the evidence of receipt vide signature of the party personally or his counsel, or an affidavit of service sworn to by the person who effected the service.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in Olorunyolemi & Anor v. Akhagbe (2010) NLC-123-118-2002(SC) at p. 8; Paras A–C.
"The fact that a party was in court on the day a matter is slated to come up is not necessarily a confirmation that the other party was actually served with the hearing notice. There must be actual proof of service on the necessary parties, i.e. the evidence of receipt vide signature of the party personally or his counsel, or an affidavit of service sworn to by the person who effected the service."
Explanation / Scope
This principle establishes that a party’s presence in court does not prove service on another party. Actual proof of service is required—signature or affidavit of service. The principle applies where service is challenged. It ensures that service is properly proved. The principle reflects the evidentiary requirements for service. It prevents reliance on presumption without proof. The court must require actual proof. The principle provides guidance on proving service.
