Cookie Policy
M. E. OGUNDARE, JSC (Delivering the Leading Judgment): Does compliance with section 97 and/or section 99 of the Sheriffs and Civil Process Act (now Cap 407 Laws of the Federation of Nigeria 1990 and hereinafter is referred to as the Act) coupled with breach of the rule of Court requiring leave of the court or a Judge for a writ to be served outside jurisdiction render the writ and/or service of it a nullity or mere irregularity? This is the question that calls for determination in this appeal.
Plaintiff had, in the High Court of Lagos State, sued the two defendants claiming -
"1. An order declaring that the plaintiff is and at all material times was an employee of the 2nd defendant which said 2nd defendant seconded the plaintiff to the 1st defendant as Executive Director-Finance and Secretarial Duties.
"2. An order declaring as null and void the 1st defendant's letter referenced MD/NED 1/02317 and dated 18th October, 1984 by which the 1st defendant purported to terminate the appointm…