Emma C. Bruce V. Tom Boevey Barrett (1931)

LawGlobal Hub Judgment Report – West African Court of Appeal

Practice—Issue of Writ—Leave to serve out of Jurisdiction—Order for Substituted Service—R.S.C. 2nd Schedule, Order X rules 9-11—R.S.C. 1st Schedule Order 111 rule 5.

Facts

The defendant in this suit was outside the jurisdiction when the suit was instituted. Service out of the jurisdiction was allowed by the Court and substituted service was subsequently ordered. Judgment was given against defendant in his absence. A motion to set aside this judgment was refused.

Held

On appeal it was held that the proceedings in the Court below had been free from irregularity, and that having regard to the wide provisions of Order ITI rule 5, the jurisdiction at the time of issue of the writ did not invalidate the order for substituted service.