CHIEF S.L. DUROSARO V. T.A.A. AYORINDE
June 10, 2025RINCO CONSTRUCTION CO. LTD V. VEEPEE INDUSTRIES LTD. & ANOR.
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 36111
In the Supreme Court of Nigeria
Fri Mar 4, 2005
Suit Number: SC.301/2000
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE,SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
TENO ENGINEERING LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Judgment was obtained against the respondent without service of court processes on him.
HELD
The court held that lack of service of process is a fundament defect affecting jurisdiction of the court to entertain the action.
ISSUES
Whether the lower court was right in setting aside the judgment of the trial court having regard to all the circumstances of this case.
RATIONES DECIDENDI
CASES CITED
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 121. Williams V. Hope Rising (1982) 1-2 SC 145; 2. Ugwu V. Aba (1961) All NLR 438; 3. Doherty V. Doherty (1964) NMLR 144
STATUTES REFERRED TO
NONE
