Whether a defendant must also be served with an amended court process

Even where the rule of court is silent as to service of amended court process on parties who had already been served with a writ before it was amended as a result of a plaintiff having been added, or substituted or struck out by an order of court. As a matter of prudence or practice the court will see that the amended writ is served personally or by substituted service if there is any possibility of injustice being done to the defendant.[1]


[1] Jamaica Railway Co. v Colonial Bank (1905) 1 CH. 677; Uchendu and others v Ogboni and others (1999) LPELR-3287(SC) 14, paras. A-D; Lagos NURTW (First BRT) Cooperative Society Limited v Lagbus Asset Management Limited (2021) Legalpedia (CA) 15659.                                                                                  

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