PRINCIPLE STATEMENT

When an objection is taken that a court has no jurisdiction to hear or continue hearing a suit, only the averments in the Statement of Claim of the plaintiff are relevant for the determination of the question.

RATIO DECIDENDI (SOURCE)

Per Adio, JSC, in Kotoye v. Saraki (1994) NLC-1471993(SC) at p. 53; Paras D--E.
"One is that when an objection is taken that a court has no jurisdiction to hear or to continue the hearing of a suit, only the averments in the Statement of Claim of the plaintiff are relevant for the determination of the question."
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EXPLANATION / SCOPE

Jurisdictional objections are determined solely from plaintiff’s Statement of Claim, not defendant’s pleadings or evidence. Courts examine: what does the plaintiff claim? what relief is sought? what facts are pleaded? Jurisdiction exists if the claim as pleaded falls within the court’s jurisdiction, regardless of: defendant’s version of facts, actual facts as ultimately proved, or whether plaintiff will succeed. This prevents: defendants from defeating jurisdiction by disputing facts, confusion between jurisdiction (power to hear) and merits (correctness of claim), and premature fact-finding on jurisdictional objections. The Statement of Claim is taken at face value for jurisdiction—courts assume pleaded facts are true when assessing jurisdiction. If the claim as pleaded gives jurisdiction, objection fails even if defendant denies the facts. This separates: jurisdictional questions (determined from pleadings alone) from merits (determined from evidence). The principle ensures plaintiffs’ pleaded cases receive hearing if jurisdictionally sound, with merits determined later.

CASES APPLYING THIS PRINCIPLE