LEGAL PRINCIPLE: JURISDICTION – Effect of Lack of Jurisdiction – Territorial Limits on Area Court Jurisdiction
PRINCIPLE STATEMENT
An Area Court lacks jurisdiction to adjudicate matters concerning land situated outside its designated territorial jurisdiction, even if parties appear before it.
RATIO DECIDENDI (SOURCE)
"I have no doubts in my mind that the trial Court, which is the Zaria City Area Court No. 1 lacked the requisite jurisdiction to adjudicate on the subject matter of the action which is in respect of land situate in Matari, in Soba Local Government Area."
EXPLANATION / SCOPE
This principle establishes that territorial jurisdiction in land matters is strictly construed based on the location of the land, not the residence of parties or their consent. An Area Court designated for one geographic area cannot hear disputes about land in another area, regardless of convenience, consent, or other factors. The principle protects local jurisdiction and ensures land disputes are adjudicated in forums with proper connection to the land. Territorial jurisdiction in land matters is a question of law, not discretion, and cannot be waived by parties’ conduct or submission to jurisdiction. This rigid approach provides certainty about forum and prevents forum shopping in land disputes, which typically involve local customary law and evidence.