Service outside jurisdiction
As a matter of practice, some lawyers still apply for leave to issue and serve processes of the Fedral High Court, out of the state, despite there being no legal backing for this practice all in an attempt to be on the safe side.
These were the basis for its decision. Therefore, the consent required in M. Best practice would, it seems, be to take steps to effect service of a claim form soon after issue and continue any negotiations whilst the process is underway. Presently, the requirement for leave to serve originating processes under the Rules is found in Order 6 Rule 12 Part B and it provides as follows: 1 Service out of jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the Court or Judge in Chambers… In Order 6 Rule 31, out of jurisdiction is defined to mean out of Nigeria. Onah NWLR pt. Therefore, even if the service procedure is commenced the day the claim form is issued, it is unlikely that service will be effected in the required six months. In the more recent case of C. As can be seen from this and other recent cases, the courts are becoming increasingly strict in their interpretation of the CPR and simply waiting for further evidence or engaging in negotiations is unlikely to be deemed good reason to allow an extension of time for service out of the jurisdiction. Yaro 11 NWLR pt. Enforcement 10 A claim is made to enforce any judgment or arbitral award. Despite general dissatisfaction with the decision, lower courts in the judicial hierarchy were constrained to abide by it in line with the doctrine of stare decisis. When is permission required to serve the claim form out of the jurisdiction? Admiralty claims 19 A claim is — a in the nature of salvage and any part of the services took place within the jurisdiction; or b to enforce a claim under section , , or A of the Merchant Shipping Act Ukey 1 S.
Having looked at the requirements for service, what is the effect of non-compliance with these provisions? Where the defendant is not, or is not known or believed to be, a citizen of Ireland, notice of the summons, and not the summons itself, shall be served upon him.
Time limited for answering to summons The period specified in a writ of summons for service under this Part as the period within which a defendant is required to answer before the court to the writ of summons shall be not less than thirty days after service of the writ has been effected, or if a longer period is prescribed by the rules of the court within which the writ of summons is issued, not less than that longer period.
Arabella where the rules of court then applicable clearly provided that leave was required for the issuance and service of a writ outside the jurisdiction of the court and the current position under Federal High Court Civil Procedure Rules, where there is no such requirement for issuance of the writ.
In the Foran case, the claimant undertook a surgical procedure in Poland on 9th May What I am endeavouring to say is that the territorial boundaries of the Federation of Nigeria are the limits of the territorial jurisdiction of the Federal High Court as its processes apply as a matter of law throughout the country as the processes of a single Court issued within jurisdiction.
Claim for costs order in favour of or against third parties 18 A claim is made by a party to proceedings for an order that the court exercise its power under section 51 of the Senior Courts Act to make a costs order in favour of or against a person who is not a party to those proceedings.
Service outside jurisdiction
Is permission required CPR 6. Nwairobi 6 NWLR pt. As can be seen from this and other recent cases, the courts are becoming increasingly strict in their interpretation of the CPR and simply waiting for further evidence or engaging in negotiations is unlikely to be deemed good reason to allow an extension of time for service out of the jurisdiction. Okoye 4 NWLR pt. In the more recent case of C. Every application for leave to serve a summons or notice of a summons on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a citizen of Ireland or not, and where leave is asked to serve a summons or notice thereof under rule 1 stating the particulars necessary for enabling the Court to exercise a due discretion in the manner in rule 2 specified; and no leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order. Therefore, the consent required in M. Gadzama LLP innwala gmail. It is submitted that M. Revenue and Customs relating to duties or taxes against a defendant not domiciled in Scotland or Northern Ireland. In JumosimaWari32and inNuhu v.
Service of an originating process is a condition precedent for the exercise of a court's jurisdiction. Talabi40 the apex court sitting as a full court reviewed its past decisions41 on the effect of non-compliance with the provisions of the SCPA and when there can be a waiver.
It is governed by the Sheriffs and Civil Process Act and the rules of court. This work examines the current position of the law in the light of judicial authorities regarding the service of processes issued by the Federal High Court between states as well as the effect of non-compliance with the provision of the law. Arabella, the apex court held that non-compliance with the provisions of the SCPA renders the writ void as it is not a mere irregularity but a fundamental one which renders the writ incompetent. Recently, with the coming into force of the new Federal High Court Rules, the position of the law has changed. To save time, the first respondent sought and was granted an order of court to serve the originating processes through substituted means on the appellant, who was resident in Owo, Ondo State. Service of an originating process is a condition precedent for the exercise of a court's jurisdiction. As can be seen from this and other recent cases, the courts are becoming increasingly strict in their interpretation of the CPR and simply waiting for further evidence or engaging in negotiations is unlikely to be deemed good reason to allow an extension of time for service out of the jurisdiction. The position of the court was that non-compliance with the SCPA should have rendered the writ void but compliance was not necessary in the circumstances of the case since it was issued in Abuja originally for service in Abuja. When the defendant resides outside the jurisdiction of the court, certain precautions must be taken in order to bring the defendant within its jurisdiction. When is permission required to serve the claim form out of the jurisdiction? Ukey 1 S. For ease of reference, these are — a Anguilla;. Arabella and thus non-compliance with the SCPA was held to render the writ voidable and not void. The suit was commenced by the first respondent in the Federal High Court, Abuja.
Scope of this Practice Direction 1. Where any method of service specified in an order made under this Rule is subsequently shown to be contrary to the law of the country in which the claim was purportedly served, such service shall be invalid.
Therefore, the consent required in M. In Nigeria, as in many other legal systems, fair hearing is a fundamental principle in adjudication. However, it must comply with its rules made under the Act; make the necessary endorsement and give the defendant at least 30 days to appear before the court.
Date of service
Talabi40 the apex court sitting as a full court reviewed its past decisions41 on the effect of non-compliance with the provisions of the SCPA and when there can be a waiver. It was also held that the Master should not have dealt with the application on paper. Section 99 provides that the period required for answering a writ served on a defendant outside the jurisdiction of the court should not be less than 30 days. Claims for breach of confidence or misuse of private information 21 A claim is made for breach of confidence or misuse of private information where — a detriment was suffered, or will be suffered, within the jurisdiction; or b detriment which has been, or will be, suffered results from an act committed, or likely to be committed, within the jurisdiction. Enforcement 10 A claim is made to enforce any judgment or arbitral award. In Obasanjo Farms Nig. Initially, the claimant sought advice from a Polish lawyer and was made aware that the limitation period for commencing a claim expired on 8 May Is permission required CPR 6. For guidance, see Practice Note: Timetable for statements of case—Acknowledgment of service and defence—outside the jurisdiction. For information, see Practice Note: Changes to gateways for permission to serve out of the jurisdiction October [Archived]. The Court of Appeal affirmed this decision but substituted the order of dismissal with an order striking out the suit. Back to top Service in a Commonwealth State or British overseas territory 5. In probate actions service out of the jurisdiction of a summons or notice of a summons may be allowed by the Court. Back to top Documents to be filed under rule 6. Features which may arise in any type of claim A claim form may be served out of the jurisdiction if a claim is made — Against someone on whom the claim form has been or will be served, and — there is between the claimant and that person a real issue which it is reasonable for the court to try; and the claimant now wishes to serve the claim form on another person who is outside the jurisdiction and who is necessary or proper party to claim; for an injunction ordering the defendant to do or refrain from doing some act within the jurisdiction; or for a remedy against a person domiciled or ordinarily resident within the jurisdiction.
based on 4 review