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ARTICLE · 12 NOVEMBER 2018

Litigation Update - September 2018

Advocaat Law Practice
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Under Nigerian law, a suit is deemed to have commenced in court at the point of filing all the required originating processes depending on the mode of commencement which could either be by way of a writ of summons, ...

NigeriaLitigation, Mediation & Arbitration
George Ukwuoma
George Ukwuoma

Can Service of a court process via social media be deemed properly served under Nigerian Law?

MUHAMMAD AWWALDANLAMI, ESQ. V. GOVERNOR OF TARABA STATE & 24 OTHERS
SUIT NO: TRST/11/2018; MOTION NO: TRST/67M/2018

Background

Under Nigerian law, a suit is deemed to have commenced in court at the point of filing all the required originating processes depending on the mode of commencement which could either be by way of a writ of summons, petition or originating summons or as may be provided under the rules establishing the various courts in Nigeria. However for the court to be able to assume jurisdiction of the matter, it must satisfy itself that the defendant to an action has been served with the court processes. Service of court processes on parties to a suit is therefore, an indispensable requirement in the determination of a case. Service in this context has been defined as "The formal delivery of a writ, summons or other legal process."1

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