Tag Archives: Rules of Court

Trial court may order substituted service even without an attempt at personal service.

 

Zakirai v. Muhammad [2017] 17 NWLR (Pt. 1594) 181 at 227, paras. C-G, per Augie, JSC:

“There it is – the trial court may order substituted service either after “or without an attempt at personal service”. The word “may” makes room for the exercise of discretion. It is an enabling and permissive word and in that sense, it imposes or gives a discretionary power.”

Notes:

The Supreme Court gave its interpretation to the clear provisions of Order 6 Rule 5(a) and (b) Federal High Court (Civil Procedure) Rules of 2009. The words in quote within the quoted pronouncement are as contained in the Rules. So, the Supreme Court had no difficulty in giving the provision its ordinary meaning. This is good.

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