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The Emerging Log-jam over Valid Personal Service of Originating Process on Registered Companies in Nigeria

Keywords: Log-jam , Registered Companies , originating processes , CAMA

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Abstract:

This study aimed at examining the contending issues about the proper mode of service of originating processes on Registered Companies in Nigeria. A review of Company and Allied Matters Acts (CAMA)1999 relavant common law rules was adopted. It was observed that although some judicial decisions support the view that Registered Companies can only be validly served with originating processes at their registered or head offices, this study argued that those decisions were wrong, and influenced by the courts' inability to distill the true purport of Section78(b) of CAMA, whilst ignoring the extant provisions of the applicable High Court Rules. It is the view of this study that services of originating processes on branch offices of companies remain valid so long as they ultimately reach the principal officers of the company. The need to reawaken the courts consciousness to the recognition of the in-built line of distinction between the two segments of section 78 of CAMA in the determination of propriety of service of originating processes on registered companies was recommended.

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