LEGAL PRINCIPLE: JURISDICTION – Jurisdiction of Court – Fundamental Nature – Priority of Determination
PRINCIPLE STATEMENT
It is both fundamental and elementary principle in the adjudicatory process that where the jurisdiction of the court or judge is in issue in respect of a matter, that issue must first be considered and disposed of; this is because any determination in the absence of jurisdiction is a nullity.
RATIO DECIDENDI (SOURCE)
"It is both fundamental and elementary principle in the adjudicatory process that where the jurisdiction of the Court or the Judge is in issue in respect of a matter, that issue must first be considered and disposed of. See Kalio v. Daniel-Kalio (1975) 2 SC. 15. This is because any determination in the absence of jurisdiction is a nullity. See Peenok Ltd. v. Hotel Presidential Ltd. (1982) 12 SC. 1."
EXPLANATION / SCOPE
This reinforces jurisdictional priority principle. When jurisdiction is challenged: that issue takes precedence, must be determined first, and other issues await jurisdictional resolution. “Fundamental and elementary” means: basic to adjudication, universally recognized, and always applicable. Reason: Determinations without jurisdiction are nullities—void, without legal effect, and incapable of validation. This serves: preventing wasteful proceedings without jurisdiction, ensuring valid determinations, and protecting against void orders. Procedure: When jurisdiction challenged: (1) Court considers jurisdictional objection first; (2) Hears arguments on jurisdiction; (3) Determines jurisdiction; (4) Only if jurisdiction exists, proceeds to merits; (5) If no jurisdiction, declines to proceed further. “Must first be considered” means: priority over merits, precedence over all other issues, and threshold determination. Nullity consequence: Without jurisdiction: proceedings are void ab initio, orders/judgments have no legal effect, and can be set aside at any time (see Principles 549-550). This prevents: courts proceeding without jurisdiction, making void determinations, and wasting parties’ time/resources. Application: Courts must: entertain jurisdictional challenges promptly, determine jurisdiction before merits, and refuse to proceed if lacking jurisdiction. Parties should: raise jurisdictional objections early, insist on preliminary determination, and preserve objection throughout. This fundamental principle ensures jurisdictional validity precedes merits consideration.