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Service of Hearing Notice Via Phone Call – Whether Good Service

Service of Hearing Notice Via Phone Call – Whether Good Service

 CASE CITATION: ENL CONSORTIUM v. SHAMBILAT SHELTER (NIG.) LTD.(2018) 1 S.C. (Pt. IV) 62

 DATE OF JUDGMENT: 26TH DAY OF JANUARY, 2018

 COURT: SUPREME COURT

SUIT:  SC. 40/2015

CORAM:     

  1. MARY UKAEGO PETER-ODILI (Presided & Delivered the Leading Judgment)
  2. KUMAI BAYANG AKAAHS
  3. AMINA ADAMU AUGIE
  4. PAUL ADAMU GALUMJE
  5. SIDI DAUDA BAGE

ISSUE(S):   SERVICE VIA PHONE CALL – WHETHER GOOD SERVICE

CASE SYNTHESIS

“The point has to be made that the phone call mode of service would ordinarily be of good service so long as the party is provided the notice at least 48hours before the scheduled court date. The regularity of service is no longer jettisoned because it was made electronically as the current Rules of Court have ensured. See: Order 2(c)i  of the Court of Appeal, 2013 Rules.

READ ALSO: THE SERVICE OF HEARING NOTICES THROUGH SMS: AN ANALYSIS OF THE SUPREME COURT OF NIGERIA’s DECISION IN C.E.&M.S. LTD v. PAZAN SERVICES NIGERIA LTD by Adeniji Kazeem SAN, FCIArb

Serving of hearing notice on the Appellant is a pre-  condition to the exercise of jurisdiction of the court below  as it is basic to the invocation of jurisdiction of the court.  The flip side of the coin is that non-service of hearing  notice therefore robs the court of jurisdiction to hear and  determine the matter and any order made thereby against  the party who should have been served with the hearing  notice becomes null and void. I rely on Otabaimere v.  Akporehe (2004) 14 NWLR (Pt. 894) 591 at 614; FBN PLC  v. TSA Ind. Ltd. (2012) 5-7 S.C. (Pt. II) 1; Guda v. Kitta  (1999) 12 NWLR (Pt. 629) 21”

– ENL CONSORTIUM v. SHAMBILAT SHELTER (NIG.) LTD.(2018) 1 S.C. (Pt. IV) 62 @ 79

Click Here to Read Full Judgment

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Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

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