OBA EMMANUEL A. ADEBAYO v. HIGH CHIEF AKIN ABEGUNDE & ANOR
(2014)LCN/6896(CA)
RATIO
PRACTICE AND PROCEDURE: WHETHER FILING OF MOTION ON NOTICE AT THE REGISTRY DOES QUALIFY FOR SERVICE
“In the circumstance of this case, and giving the ordinary meaning of the provisions of the Rules of Court, under Order 39, time would begin to run, in the case of motion when proper service is effected on the affected party. Filing of a Motion on Notice at the Registry does not qualify for service in this circumstance. Non service or improper service of a motion on Notice offends the principle of Audi Alteram Partem. It would as well offend the constitutional Provision of the Fundamental Rights guaranteed to a citizen. Per PAUL ADAMU GALINJE, J.C.A.
