The point has to be cleared without delay that the law though well settled is that the writ of summons and statement of claim are the materials on which the issue of competence and jurisdiction of Court is raised, however it is not a principle cast in stone or regarded as immutable as circumstances could arise where, when an objection is made by means of a motion on notice, facts deposed to in affidavit in support as well as the counter affidavits and attached exhibits are also utilised to resolve the question, in the same vein could come up the use of evidence already adduced in the resolution of the question of jurisdiction as was the case in the instant matter which came up at the close of evidence and in the final addresses of counsel. Therefore the Court below erred in holding that the trial High Court was correct to determine the objection by reference solely on the writ of summons and statement of claim even though the oral and documentary evidence in proof of the relevant paragraphs of the statement of claim were staring it in the face of the Court. Indeed the Court below ought not to have closed its eyes to the record and the evidence already before it. See Okoroma v Uba (1999) 1 NWLR (Pt.587) 359; Onuorah v KRPC Ltd (2005) 6 NWLR (Pt.921) 393; NDIC v CBN (2002) 7 NWLR (Pt.766) 272; I.K. Martins (Nig.) Ltd v UPL (1992) 1 NWLR (Pt.217) 322; Agbareh v Mimra (2008) 2 NWLR (Pt.1071) 378; Osafile v Odi NO.1 (1990) 3 NWLR (Pt.137) 130; Nigergate Ltd v Niger State Government (2008) 13 NWLR (Pt. 1103) 111 (CA).
— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009
