CHIEF A.O. NWOSU & ANOR VS CHUKWURAH OFFOR
July 4, 2025CHIEF MEBURAMI AKINNUBI & ANOR VS GRACE OLANIKE AKINNUBI (MRS.) & ORS
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 43614
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 30, 1997
Suit Number: SC.70/1989
CORAM
M.L. UWAIS
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
U. MOHAMMED
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
NATIONAL ELECTRIC POWER AUTHORITY APPELLANTS
MRS. P. O. ONAH (Trading under the name and style of EL-PAT HAIR CARE CENTRE) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SERVICE, ENDORSEMENT, JURISDICTION
SUMMARY OF FACTS
The plaintiff’s claim against the defendant for the sum of N300,000.00 being special and general damages in that the 1st – 7th defendants as agents or servants of the 8th defendant negligently carried out electrical connections which resulted into a big fire that destroyed the plaintiff’s Hair Care equipment.
HELD
I must hold and I do hold that the writ of summons has been issued without due process of law and accordingly has to be set aside.
ISSUES
Whether the Court of Appeal was right in holding that the consequence of non-compliance with Order 2 Rule 16 of the High Court (Civil Procedure) Rules of Bendel State, that is, failure in this case, to obtain the leave of the court or a Judge before the writ of summons issued in Bendel State High Court for Service on the appellant in Lagos State was signed and sealed, is merely to render the service of the said writ of summons invalid and not null and void.
RATIONES DECIDENDI
THE DOCTRINE OF STARE DECICIS
It is a cardinal principle of law under the doctrine of stare decicis that an inferior court is bound by a decision of a superior court, however sure it may be that it has been wrongly decided-
A WRIT FOR SERVICE OUTSIDE THE JURISDICTION WITHOUT THE LEAVE OF THE COURT OR A JUDGE
It is abundantly clear that signing or sealing a writ for service outside the jurisdiction without the leave of the court or a Judge is a fundamental breach of statutory requirement.
CASES CITED
Farell v. Alexander (1977) A.C. 59Ashville Investment Ltd v. Elmer Contractors Ltd (1988) 3 WLR 867.In re Pritt hard. Decd. (1963) 1 Ch. 502 Nwabaueze & Anor. v. Justice Obi Okoye (1988) 4 NWLR (Pt.91) 664
STATUTES REFERRED TO
High Court (Civil Procedure) Rules of Bendel State 1976 Sheriffs and Civil Process Act, Cap 189 Laws of the Federation of Nigeria, 1958|
