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TRIAL COURT JURISDICTION DETERMINES COURT OF APPEAL’S JURISDICTION

Dictum

In APGA V. ANYANWU (2014) 7 NWLR (PT 1407) 541 at 567-568, this Court held as follows:- “The jurisdiction of the Court of Appeal to entertain an appeal is dependent upon the jurisdiction of the trial Court to hear and determine the suit before it in the first instance. Where the trial Court lacks the jurisdiction to entertain the case, its proceedings are a nullity and the Court of Appeal would not have the jurisdiction to entertain an appeal arising therefrom. An appeal from proceedings initiated conducted without jurisdiction will be liable to be struck out for want of jurisdiction.”

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JURISDICTION GOES TO THE FOUNDATION OF ANY MATTER

Jurisdiction is very fundamental to adjudication because it goes to the foundational competence of any cause or matter or action before the Court. It is indeed the epicenter of the entire litigation process and thus, without it there can be no validity in any proceedings or resultant judgment or ruling of the Court. Thus, without...

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ALLEGATION OF HUMAN RIGHTS VIOLATION IS ENOUGH TO TRIGGER THIS COURT JURISDICTION

In the case of His Excellency Vice-President Alhaji Samuel Sam-Sumana v. Republic of Sierra Leone.-SUIT NO: ECW/CCJ/APP/38/16 and JUD NO: ECW/CCJ/JUD/19/17 (At page 14 of the judgment); the court held that: “Indeed Allegations of violations of Human Rights by an Applicant is sufficient to invoke the jurisdiction of this Court. This is distinct from the issues of the veracity of the allegation.”

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JURISDICTION IS A THRESHOLD MATTER

Jurisdiction is a threshold matter. Once raised all proceedings abate until it is resolved. Proceedings conducted without jurisdiction amount to a nullity. There is nothing as useless as conducting a trial flawlessly only to find out that the court had no jurisdiction to hear the matter. That explains why the issue of jurisdiction can be...

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NO JURISDICTION, COURT CANNOT DECIDE

It is a cardinal principle of law that jurisdiction is fundamental to the determination of a suit, as unless a court is competent, it cannot exercise jurisdiction over a suit to the extent of deciding on it. – Mukhtar JSC. Goodwill v. Witt (2011) – SC. 266/2005 Was this dictum helpful? Yes 0 No 0...

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TORT OF CONVERSION IS ACTIONABLE AT THE HIGH COURT

In TRADE BANK PLC v. BENILUX LIMITED (2003), 9 NWLR (pt.825) 416, this court in considering the exclusive jurisdiction of the Federal High court in matters provided under the section 230 (1) (d) of the constitution (suspension and Modification) Decree No.107 of 1993, held that although there is no relationship of customer and banker between...

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