The Emerging Log-Jam Over Valid Personal Service Of Originating Process On Registered Companies In Nigeria
Keywords:
Log-jam, Registered Companies, originating processes, CAMAAbstract
This study aimed at examining the contending issues about the proper mode of service of originating processes on Registered Companies in Nigeria. A review of Company and Allied Matters Acts (CAMA)1999 relavant common law rules was adopted. It was observed that although some judicial decisions support the view that Registered Companies can only be validly served with originating processes at their registered or head offices, this study argued that those decisions were wrong, and influenced by the courts' inability to distill the true purport of Section 78(b) of CAMA, whilst ignoring the extant provisions of the applicable High Court Rules. It is the view of this study that services of originating processes on branch offices of companies remain valid so long as they ultimately reach the principal officers of the company. The need to reawaken the courts consciousness to the recognition of the in-built line of distinction between the two segments of section 78 of CAMA in the determination of propriety of service of originating processes on registered companies was recommended.
References
See. Wimpey v Balogun (1986) 3 N.W.L.R (PT23) 274, See also, Scott Emuapkor V Uhavwe(1978) 12
S.C 141
See Sken-consults v Sekondey-ukey (1981) 12 N.S.C.C 1, Ojkolobo VAlamu(1987)18N.S.C.C991, See also A.C.B Ltd V Losada(1995)7N.W.L.R(PT405)26
(2001)16 NWLR (Part.739)381
Hereinafter referred to as CAMA
See Idiata v.Ejiako (2005) 11 N.W.L.R (PT936) 349 where this continuing debate was addressed. 6Cap C20 L.F.N 2004(Hereinafter called CAMA)
Cap S6 LFN 2004,See Sections 96.97 and 98 thereof dealing with the issuance and service originating
processes especially the Writ of Summons outside jurisdiction.
This Rule is Ipsima verba with Order 12,Rule 8 of the Bendel State High Court (Civil Procedure)Rules 1988, Applicable in Edo State.
(1994) 2 NWLR (pt 327) 420. This Rule is Ipsima verba with Order 12,Rule 8 of the Bendel State High
Court (Civil Procedure)Rules 1988, Applicable in Edo State.
(1994) 2 NWLR (pt 327) 420
(2002) FWLR (pt 117) 1067
(2004) 9 NWLR (pt 879) 631. S.C.
(1999) 12 NWLR (pt 631) 439 S.C.
Cap. 322, L.F.N, 1990
High Court of Anambra State (Civil Procedure Rules) 1988, 16Supra
LFN 1990
(2009) 3 NWLR (PT 1129) 512 AT 534-535
