Failure to serve a party sued where service of Court processes are required, is a crucial and fundamental omission, which renders subsequent proceedings void.[1] The purpose of an application to serve process by substituted means is to ensure that the party who is being sued, is served with the process to enable it appear and defend the action. [2]
Generally, a company not being a natural person cannot be served by substituted means.[3]However, there is an exception to the general rule. Where the plaintiff was unable to effect service on a defendant – company, then an order for substituted service is warranted. It will therefore be good service to grant the prayer for substituted service to be effected on the defendant- company.[4]
[1] Sken Cconsult Nig Ltd v Ukey (1981) I SC 6; 1981 NSCC VOL 12, 1 at 16.
[2]Atlantic Dawn Ltd and others v G-NET Communication (2019) LPELR-47772(CA) 28-32, paras. C.
[3] Kalu Mark and another v Eke 2004 LPELR – 1841 (SC) 1.
[4]Atlantic Dawn Ltd and others v G-NET Communication (2019) LPELR-47772(CA) 28-32 paras. C.