LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction of Court – Payment of Fee Does Not Confer Jurisdiction if Ousted
PRINCIPLE STATEMENT
Payment of filing fee is only for access to the court to be heard; once access is procured, it is a different matter whether the court has jurisdiction to look into the cause of action.
RATIO DECIDENDI (SOURCE)
"All that the payment of fee N10,000.00 is for is to have access to the court to be heard. It is a different thing if once the access is thus procured for the court to have jurisdiction to look into the cause of action."
EXPLANATION / SCOPE
Filing fees grant procedural access (right to file and be heard), not substantive jurisdiction. Jurisdiction depends on: subject matter (is this type of case within court’s authority?), territorial limits, pecuniary jurisdiction, and absence of ouster clauses. Payment of even substantial fees doesn’t confer jurisdiction where it’s ousted by law. This distinction matters because: parties might pay fees and litigate extensively only to discover jurisdiction is lacking; courts accepting fees don’t thereby acquire jurisdiction; and procedural compliance (fee payment) differs from jurisdictional competence. The principle prevents arguments that fee acceptance waives jurisdictional objections or confers jurisdiction by estoppel. Courts must examine jurisdiction independently regardless of fees paid or proceedings conducted. Access and jurisdiction are distinct concepts.