Duty of the Court to verify/scrutinize the claim to service of any process on any party before it

by caneadmin

The Court has a duty to scrutinize the claim to service of any process on any party before it. It must ensure service is effected as required by Law. Swearing of affidavit of service by a Court bailiff is not only required but the Court must be convinced that the facts stated therein are relevant and more likely to be true in a given case. Any fact put in evidence or step taken by a bailiff which creates doubt, suspicion or confusion should not be relied upon by the Court to deprive or deny a party fair hearing or trial which is guaranteed to every citizen by the Constitution.[1]


[1]Etetiku and others v Mfon and others (2015) LPELR-24645(CA) 25 paras B-E.

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