POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

There was as usual no proof that they were duly
served with the motion papers and notice of
hearing thereof. Thus, there is no doubt that the
hearing and granting of the said motion by the trial
judge with out proof of service of the motion papers
and the hearing notice on the appellants had
occasioned a miscarriage of justice to the
appellants.
Hence, the subsequent taking of the evidence of
the Respondent on 24/9/99, the Respondent
counsel's address on 08/10/99, and the resultant
judgment delivered by the learned trial judge there
upon on 30/11/99 in the absence of any valid proof
of service of hearing notice on the Appellant; and
their counsel are incompetent and thus a nullity.
This is so, because as alluded to above, service of
court process, especially hearing notice is a sine
qua non to any effective adjudication process; the
lack or absence of which deprives the court with
the necessary jurisdiction or competence over a
party who has not been served unless he
voluntarily submits himself to the courts
jurisdiction.
It is trite that where a non compliance or defect
goes to the competence or jurisdiction of the court,
any subsequent proceeding would be a nullity no
matter how well the case was decided. See KIDA S
OGUNMOLA (supra) at (396) paragraphs D - E per
KATSINA - ALU JSC thus:
"It is now trite law that failure to serve process
where service of process is required is a
fundamental vice. This means that the trial court is
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