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:
- MARY UKAEGO PETER-ODILI (Presided & Delivered the Leading Judgment)
- KUMAI BAYANG AKAAHS
- AMINA ADAMU AUGIE
- PAUL ADAMU GALUMJE
- 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.
[mks_button size=”medium” title=”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” style=”squared” url=”https://lawbreed.blog/the-service-of-hearing-notices-through-sms-an-analysis-of-the-supreme-court-of-nigerias-decision-in-c-e-m-s-ltd-v-pazan-services-nigeria-ltd-by-adeniji-kazeem-san-fciarb/” target=”_blank” bg_color=”#dd8500″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]
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
[mks_button size=”medium” title=”Click Here to Read Full Judgment” style=”rounded” url=”https://www.lawbreed.com/site/search-for-case/?case_ref=3618″ target=”_self” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]
