Service Outside Jurisdiction
1. Principles that govern Service Outside Jurisdiction
Service of a claim is the procedure used to give legal notice to a defendant of a court's exercise of its jurisdiction over the defendant, enabling them to respond to the proceedings before the court.
Service outside the jurisdiction is sometimes allowed under specific circumstances where there are certain connections between the case or the defendant and the forum. The rules for service outside jurisdiction differ to some extent from court to court. However there are some common factors which give rise to the capacity to make a service outside the jurisdiction.
A writ of summons for service out of the jurisdiction of one State in another State of the Federation cannot be issued unless with the leave of Court under Abuja and Kano State Rules. The leave is not for the service of the writ but for its issuance. The service of processes being a matter under the Exclusive Legislative List of the Constitution and under the Sheriffs and Civil Process Act - a writ issued in one State can be served in another State as if it were issued there. In other words, no leave is required for service outside jurisdiction. No State Law can provide otherwise but the Court of issuance may grant leave to issue it before it can be served out of its jurisdiction if it is a requirement of the Rules. This is because issuance of processes is within the legislative powers of the State. Accordingly, a State can legislate on how its process meant to be served out of jurisdiction shall be issued.
The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where –
General Grounds
(1) A claim is made for a remedy against a person domiciled within the jurisdiction.
(2) A claim is made for an injunction(GL) ordering the defendant to do or refrain from doing an act within the jurisdiction.
(3) A claim is made against a person (‘the defendant’) on whom the claim form has been or will be
Service of a claim is the procedure used to give legal notice to a defendant of a court's exercise of its jurisdiction over the defendant, enabling them to respond to the proceedings before the court.
Service outside the jurisdiction is sometimes allowed under specific circumstances where there are certain connections between the case or the defendant and the forum. The rules for service outside jurisdiction differ to some extent from court to court. However there are some common factors which give rise to the capacity to make a service outside the jurisdiction.
A writ of summons for service out of the jurisdiction of one State in another State of the Federation cannot be issued unless with the leave of Court under Abuja and Kano State Rules. The leave is not for the service of the writ but for its issuance. The service of processes being a matter under the Exclusive Legislative List of the Constitution and under the Sheriffs and Civil Process Act - a writ issued in one State can be served in another State as if it were issued there. In other words, no leave is required for service outside jurisdiction. No State Law can provide otherwise but the Court of issuance may grant leave to issue it before it can be served out of its jurisdiction if it is a requirement of the Rules. This is because issuance of processes is within the legislative powers of the State. Accordingly, a State can legislate on how its process meant to be served out of jurisdiction shall be issued.
The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where –
General Grounds
(1) A claim is made for a remedy against a person domiciled within the jurisdiction.
(2) A claim is made for an injunction(GL) ordering the defendant to do or refrain from doing an act within the jurisdiction.
(3) A claim is made against a person (‘the defendant’) on whom the claim form has been or will be