THERE ARE TWO TYPES OF JURISDICTION

In A.G. Kwara State & Anor v Saka Adeyemo & Ors (2016) 7 SC (Pt.II) p. 149. I said that: Jurisdiction is a question of law. There are two types of jurisdiction. 1. Jurisdiction as a matter of procedural law. 2. Jurisdiction as a matter of substantive law. A litigant may waive the former. Again...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT ANY TIME

I have found that ground (1) is premised on the jurisdiction of the lower court. It is the law that even where a court of law does not pronounce whether it has jurisdiction to try a matter or not, once the establishing law or other statutes or the subject matter or party before the court...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COMPETENCE IS SOUL OF ADJUDICATION – JURISDICTION MUST BE SATISFIED

African Songs Limited & Anor v. King Sunday Adeniyi Adegeye (2019) 2 NWLR (Pt. 1656) 335 @ p. 365 – 366: “My lords, while in today’s jurisprudence of ‘substantial justice’ the issue of ‘mere technicality’ no longer holds sway, yet it is truism that competence is the soul of adjudication. It is in this sense the issue of competence can no longer in law truly be regarded as ‘mere technicality’ but rather be seen as substantial issue of law. In other words, while eschewing technicality for its sake, a Court can only exercise jurisdiction where all conditions precedent to the exercise of its powers have been fulfilled.”

Was this dictum helpful?

ISSUE ON JURISDICTION MUST BE RESOLVED BEFORE ANY OTHER THING

Once the question of jurisdiction is raised, it must be resolved before any further step is taken in the proceedings as the jurisdiction of the Court to entertain the suit is fundamental to the competence of the Court, and has been described as the lifeblood of adjudication. See Statoil (Nig) Ltd v Inducon (Nig) Ltd...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MERE ALLEGATION OF HUMAN RIGHTS VIOLATION SATISFIES RATIONE MATERIAE

Reach more audience. Place advert here.

Was this dictum helpful?

THERE ARE TWO TYPES OF JURISDICTION

Membership Required

JURISDICTION OF COURT – JURISDICTION CAN BE RAISED AT ANY TIME

Membership Required

COMPETENCE IS SOUL OF ADJUDICATION – JURISDICTION MUST BE SATISFIED

Was this dictum helpful?

ISSUE ON JURISDICTION MUST BE RESOLVED BEFORE ANY OTHER THING

Membership Required

WRIT OF SUMMONS / ORIGINATING SUMMONS DETERMINES COURTS JURISDICTION

Membership Required

PROCEEDING WILL BE REGARDED AS A NULLITY – JURISDICTION

Membership Required