SERVICE OF A WRIT O...
 
Notifications
Clear all

SERVICE OF A WRIT OF SUMMONS OUTSIDE JURISDICTION – CIRCUMSTANCES IN WHICH AN APPLICATION FOR LEAVE TO EFFECT SERVICE OUT OF JURISDICTION MAY BE MADE

1 Posts
1 Users
0 Reactions
558 Views
Joined: 1 second ago
Posts: 0
Topic starter  

“The relevant provision is as stated in Order 6 Rules 13 to 25 of the 2009 Rules’ and therein lies the circumstances under which leave to serve a writ of summons out of jurisdiction may be sought which are thus:-

ORDER 6 RULE 13-

Service out of jurisdiction of a writ of summons or notice of writ of summons may be allowed by the court or a judge in chambers whenever-

  • The whole subject matter of the action is land situated within the jurisdiction (with or without rents or profits); or
  • Any act, deed, will, contract, obligation, or liability affecting land or hereditament situate within the jurisdiction, is  sought to be construed, rectified, set aside or enforced in the action; or
  • Any relief is sought against any person domiciled, or ordinary resident, within the jurisdiction; or
  • The action is founded on tort or other civil wrong committed within the jurisdiction; or
  •  
  • Any person out of jurisdiction is a necessary or proper party to an action properly brought against some other party within the jurisdiction; or
  • The action is one brought under the civil aviation act or any regulation made in pursuance of the Act or any law relating to carriage by air.” by PER M. U. PETER-ODILI, J.S.C., in

    Joseph Hemen Boko V Hon. Benjamin B. Nungwa & Ors

    LER [2018]SC. 732/2016

    APPEAL NO: SC. 732/2016 https://legalpediaonline.com/joseph-hemen-boko-v-hon-benjamin-b-nungwa-ors/



   
Quote
Share: