Service of a Court Process meant for service on a Company on a Guard found in the Company’s premises and without an Affidavit of Service indicating what was served not proper service.

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The Court of Appeal, Abuja Division in a unanimous decision allowed the appeal filed by MTN Nigeria Communications Limited against Bolingo Hotels and Towers Limited and set aside a money Judgment in the sum of N11, 961,714.00 awarded in the Federal Capital Territory, Abuja. The Court of Appeal allowed the Appeal on the ground of improper Service in that there was no Affidavit of Service to indicate what was served, neither was there evidence of service of Hearing Notice. The Court also held that the proof of service which showed that a Guard was served is not the kind of service envisaged by Section 78 of the Companies and Allied Matters Act 1990 and Order 12, Rule 8 of the FCT High Court (Civil Procedure) Rules 1989.

The Appeal is reported in (2004) 13 NWLR (Pt.889)117.

Abdullahi Ibrahim & Co represented the Appellant.