Order 9 High Court of Lagos State (Civil Procedure) Rules 2019

Order 9 of the High Court of Lagos State (Civil Procedure) Rules 2019 is about Service of Originating Process. It contains the following rules:

Order 9 Rule 1 – Person to Effect Service

(1) Service of Originating Process shall be effected by a Sheriff, Deputy Sheriff Bailiff’ Special Marshal or other officer of the Court.

(2) The Chief Judge may also appoint and register any Law Chambers, Courier Company or any other person to serve Court processes and such person shall be called a Process Server.

(3) Where a party is represented by a Legal Practitioner, service of Court process of which personal service is not required, may be made on such Legal Practitioner or on a person under his control.

Order 9 Rule 2 – Service of Originating Process, etc. how effected

The process Server shall effect service of an Originating Process on a party by delivering a copy of the process duly certified as prescribed by Order 8 Rule 2(3) and Rule 4 personally on the party to be served.

Order 9 Rule 3 – When originating Process need not be served personally

No personal service of an Originating Process shall be required where the Defendant has authorized his Legal practitioner in writing to accept service and such Legal Practitioner enters appearance: provided that such written authority shall be attached to the Memorandum of Appearance filed by such Legal Practitioner.

Order 9 Rule 4 – Mode of Service When not Personal

All processes in respect of which personal service is not expressly required by these Rules or any applicable law shall be sufficiently served if left with an adult person resident or employed at the address for service given under Order 6 Rule 6.

Order 9 Rule 5 – Substituted Service

(1) Where personal service of an originating Process is required by these Rules and a Judge is satisfied that prompt personal service cannot be effected, the Judge may upon application by the Claimant make such order for substituted service as may seem just, including service by electronic mails.

(2) Every application to the Judge for substituted or other service, or for the substitution of notice for service shall be supported by an affidavit setting forth the grounds upon which the application is made.

Order 9 Rule 6 – Service on Persons under Legal Disability

Where a person under legal disability is a Defendant, service on him or his guardian shall be deemed good and sufficient personal service, unless a Judge otherwise orders:

Provided that personal service on a minor who is over l6 years of age and living independently or doing business shall be good and sufficient.

Order 9 Rule 7 – Service on prisoner or detainee

Where a Detainee or Prisoner is a Defendant, service on the head or other officer in charge of the station, facility or prison where the Defendant is, or on an officer of the agency in charge of the station, facility or prison shall be deemed good and sufficient personal service on the Defendant.

Order 9 Rule 8 – Service on a Firm or partners

(1) Where persons are sued as partners in the name of a firm, the Originating process shall be served upon any one or more of the partners or any person having control or management of the partnership business at the principal place of business within the jurisdiction.

(2) Service effected in accordance with sub Rule (1) shall be deemed good service upon the firm whether any of the members are out of the jurisdiction or not, and no leave to issue an Originating Process against them shall be necessary.

(3) In the case of a partnership that has been dissolved to the knowledge of the Claimant before the commencement of the action, the Originating Process shall be served upon every person within the jurisdiction sought to be made liable.