Principles that govern Service Outside Jurisdiction
Service of a claim is the procedure used to give legal notice to a defendant of a court's exercise of its jurisdiction over the defendant, enabling them to respond to the proceedings before the court. Service outside the jurisdiction is sometimes allowed under specific circumstances where there are certain connections between the case or the defendant and the forum. The rules for service outside jurisdiction differ to some extent from court to court. However there are some common factors which give rise to the capacity to make a service outside the jurisdiction. A writ of summons for service out of the jurisdiction of one State in another State of the Federation cannot be issued unless with the leave of Court under Abuja and Kano State Rules. The leave is not for the service of the writ but for its issuance. The service of processes being a matter under the Exclusive Legislative List of the Constitution and under the Sheriffs and Civil Process Act - a writ issued in one State can be served in another State as if it were issued there. In other words, no leave is required for service outside jurisdiction. No State Law can provide otherwise but the Court of issuance may grant leave to issue it before it can be served out of its jurisdiction if it is a requirement of the Rules. This is because issuance of processes is within the legislative powers of the State. Accordingly, a State can legislate on how its process meant to be served out of jurisdiction shall be issued. The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where – General Grounds
(1) A claim is made for a remedy against a person domiciled within the jurisdiction. (2) A claim is made for an injunction(GL) ordering the defendant to do or refrain from doing an act within the jurisdiction. (3) A claim is made against a person (‘the defendant’) on whom the claim form has been or will be served (otherwise than in reliance on this paragraph) and – (a) there is between the claimant and the defendant a real issue which it is reasonable for the court to try; and (b) the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim. (4) A claim is an additional claim under Part 20 and the person to be served is a necessary or proper party to the claim or additional claim.
For English Court in some cases where they has jurisdiction to resolve a dispute, one or more defendants may be located outside the court's jurisdiction. There are in essence three requirements which must be satisfied in order for permission to serve out to be granted by the English Court. The applicant must: 1. establish a jurisdictional gateway;
2. satisfy a merits requirement; and
3. satisfy a forum conveniens requirement.
When serving proceedings out of the jurisdiction, such proceedings need to be served in accordance with relevant bi-lateral or multi-lateral conventions or treaties relating to the service abroad of judicial documents or in accordance with the local laws of the receiving country (CPR 6.40). The most important inter-governmental agreements on service are the EU Service Regulation and the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.
Leave of Court for Service Outside Jurisdiction
A leave of court is a legal term used to describe asking the court permission to do something that the court doesn’t normally allow according to its rules and procedures. Either party can file a motion for leave of court, often called a motion for leave, when asking leave of court. A common use of a motion for leave of court is to ask the court to file papers or take some action after the expiration date. The party filing the motion has to list a good reason for requesting the court to allow the action out of time, or after the expiration of the date in order for a court to grant the motion. The party who...
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