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FAILURE TO CITE SPECIFIC ARTICLES IN CHARTER CANNOT OUST JURISDICTION – (African Court)

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Failure to cite any specific articles of the Charter or any other human rights instrument ratified by the Respondent is no reason to oust the jurisdiction of the Court.

– CHACHA v. THE UNITED REPUBLIC OF TANZANIA (003/2012) [2014] AFCHPR 48 para 122

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COURT LACKS JURISDICTION WHERE THERE ARE NO PROPER PARTIES

It is trite law that for a court to be competent and have jurisdiction over a matter, proper parties must be identified. Before an action can succeed, the parties to it must be shown to be the proper parties to whom rights and obligations arising from the cause of action attach. The question of proper...

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WRIT & STATEMENT OF CLAIM MUST BE CAREFULLY EXAMINED TO ASCERTAIN JURISDICTION

In their arguments on the sole issue, both learned counsel for the parties correctly stated the often-stated principle of law in determining whether or not a court has jurisdiction to entertain the subject matter of a suit. That is that the writ of summons and the Statement of claim must be carefully examined. See OPITI...

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MANAGEMENT AND ADMINISTRATION OF COMPANIES FALLS WITHIN THE FEDERAL HIGH COURT JURISDICTION

Matters relating to management and administration of a Company under the Companies and Allied Matters Act fall within the exclusive jurisdiction of the Federal High Court. See: Sken Consult (Nig.) Ltd. & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6; Omisade v. Akande (1987) 2 NWLR (pt.55) 158. Equally, where the suit involves only...

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PROCEEDING WILL BE REGARDED AS A NULLITY – JURISDICTION

Generally, proceedings before the Court of law can be regarded as a nullity where:- (a) The Court is not properly constituted as regards numbers and qualifications of the members of the bench. (b) The subject-matter of the action is not within the jurisdiction of the Court. (c) The case before the Court is not initiated...

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WRIT OF SUMMONS / ORIGINATING SUMMONS DETERMINES COURTS JURISDICTION

It is settled law that it is the case of the plaintiff as stated in the writ of summons and statement of claim, where the action is commenced by way of writ of summons or the questions, reliefs and supporting affidavit, where the action is commenced by originating summons, that determines the jurisdiction of the...

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IT IS PARAMOUNT TO DECIDE ISSUE OF JURISDICTION FIRST

The issue of jurisdiction is the bedrock of adjudication by a Court of law and as such, it is basically considered expedient to resolve same before proceeding to consider the main issues presented to the Court for adjudication on the merit. It goes without saying that the determination of a suit by a Court is...

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