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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 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...

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WHEN CAN IT BE SAID THAT A COURT HAS JURISDICTION TO HEAR A CASE

It is now settled law that jurisdiction is the life blood of adjudication in that any decision by a Court that lacks jurisdiction to hear and determine a matter is a nullity no matter how well conducted see Madukolu vs Nkemdilim 1962 NSCC 374 at 379-380. When can it be said that a Court has...

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WHEN A COURT IS COMPETENT TO EXERCISE JURISDICTION OVER A SUIT

A court is said to be competent to exercise jurisdiction over a suit when the following are present: 1. It is properly constituted as regards members and qualification of the members of the bench and no member is disqualified for one reason or another; 2. The subject matter of the case is within its jurisdiction,...

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JURISDICTION IS FUNDAMENTAL TO ADJUDICATION

Jurisdiction, it is settled, is fundamental to adjudication. It is a radical and crucial necessity for, as in the instant case, where a Court proceeds without jurisdiction to hear the case, the proceedings so embarked upon by the Court are a nulity ab initio however well conducted the proceedings and brilliantly decided the issues agitated...

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ISSUE OF STATUTE BARRED CHALLENGES COURT JURISDICTION

It is also well established that when a party raises the issue that an action is statute barred, he is no doubt challenging the competence of the Suit and the jurisdiction of the court to entertain it. – Oseji, JCA. SIFAX v. MIGFO (2015) Was this dictum helpful? Yes 0 No 0...

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