Evolving Fresh Means for Services of Writ of Summons in Nigeria

Abstract

It is settled law that a Writ of Summons is the originating process of the court in a civil action. This is premised on the ground that due notification of the pendency of a suit to a party is a
fundamental condition precedent required before a court can have competence and jurisdiction
over the suit. This accords with the principle of natural justice in that the object of service of
processes is to give notice to a defendant to be aware of, and be afforded opportunity to defend
the suit. With particular emphasis on Writ of Summons, this paper evaluates the relevant
provisions of the Sheriffs and Civil Process Act regarding the service of court processes. Based
on the practice in two foreign jurisdictions- United Kingdom, and Kenya, the paper suggests a
codification of the processes and the conditions precedent for the service of writs of summons
to the effect that service may be effected on defendants by courier companies, law chambers, or
any other person appointed by the court in so far as such companies, law chambers and persons
are duly registered and accredited by the court.