I have often wondered why most sheriffs were males (without prejudice to the female folks), till a colleague shared an experience with me.
One of the land cases he handled had long defied service of the
originating processes, thereby forestalling the case from making progress. He
had tried to serve the defendant with the writ of summons for possession for over a year to no avail. He was therefore
left with the option of applying to the court for leave to serve by way of
substituted service.
Upon service of the originating process by way of pasting on the said
property in dispute, my colleague mentioned that they
were attacked by the said defendants/thugs in the area. They had to flee to safety, leaving the process unserved.
He immediately informed the
court of his ordeal and the court asked him to bring his application for
substituted service requesting for police protection alongside.
Service of originating process as provided by law is in two ways:
1. By personal service
2. By substituted service
See Order 7 & 8 of the High Court of Lagos (Civil Procedure) Rules
2012.
It is imperative to know that beyond the court granting an order for
substituted service, the Claimant/Sheriff sometimes needs police
protection in carrying out substituted service in special cases. The following
are the procedural steps:
PROCEDURE IN OBTAINING AN ORDER FROM THE COURT:
1. Prepare your application by way of Motion on Notice.
2. State the relevant sections your application is brought under.
3. State your prayers:
A. An order of this Honourable Court granting leave to serve the
defendant the writ and all originating processes in this suit by substituted
means via pasting same on a conspicuous place.
B. An order of this Honourable Court granting police escort in the
service of the process on the defendant.
C. And for such further order or orders as the Honourable Court may deem
fit to make in this circumstances.
4. Attach an affidavit stating in details the reasons why the Court
should grant the application.
5. Attach your written address to the said application.
NOTE: A substituted service requesting police protection looks like
this when granted by the court.
THE DEPUTY SHERIFF
HIGH COURT
IKEJA
Date: .......................................
Our Ref: DS IKJ VOL........................
The Commissioner of Police,
The Nigerian Police Force,
Lagos State Command,
Ikeja.
REQUEST FOR POLICE ASSISTANCE
SUIT NO ……………………………….
Pursuant to Judgment of the High / Magistrate Court Ikeja /
Lagos
Dated ………………. Day of ………………… 20…….. a fifa / warrant for
possession has been issued against the above - named Defendant/ Respondent.
This writ has been sent to me for Execution; it is fear that
the Defendant / Respondent will be Hostile and proved stubborn when confronted
with the writ/warrant.
I shall be grateful, if under the provision of Section II
Sheriff and Civil Procedure Cap 127 Law of Lagos State 1973 you will provide
……………………………… Police Constable(s) armed of or armed to accompany the Sheriff to
No………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
The ……………………….. Day of …………………………………………… 20……….. in the forenoon
when the said writ/ warrant will be executed.
Signed
DEPUTY SHERIFF
Sequel to the procedures stated above, one can always serve
originating processes the right way and be duly protected under the ambits of
the law without resorting to self-help.
Disclaimer:
This is just the writer's view and is not in any way a set precedent. Comments,
contributions, questions and notes are welcomed. Send an email to
okonkwochidinmaruth@gmail.com