LEGAL PRINCIPLE: CIVIL PROCEDURE – Damages – Special and General Damages – Claim Exceeding Magistrates’ Court Jurisdiction
PRINCIPLE STATEMENT
A claim for N900,000.00 as special and general damages is clearly above the jurisdiction of the Magistrates' Court. What a party would be entitled to even when the evidence might support a far larger amount must be limited to N20,000.00 which the Magistrates' Court has jurisdiction to award. This is not a tenable argument particularly as the claim is for special and general damages.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Registered Trustees, Living Christ Mission & Ors v. Aduba & Anor (2000) NLC-1071994(SC) at pp. 2, 4; Paras E, D–E.
"A claim for N900,000.00 as special and general damages is clearly above the jurisdiction of the Magistrates' Court. What a party would be entitled to even when the evidence might support a far larger amount must be limited to N20,000.00 which the Magistrates' Court has jurisdiction to award. This is not a tenable argument particularly as the claim is for special and general damages."
EXPLANATION / SCOPE
A claim for special and general damages exceeding the Magistrates’ Court’s monetary jurisdiction (e.g., N900,000 where limit is N20,000) is incompetent. The court cannot award only up to its limit while ignoring the excess—the entire claim must be within jurisdiction. The plaintiff cannot split damages or abate the claim to fit jurisdiction. The test is the amount claimed, not the amount likely awarded. Claims for special and general damages must be brought in a court with jurisdiction over the full amount. This prevents litigants from circumventing jurisdictional limits by filing excessive claims in lower courts. Jurisdiction is determined by the claim as pleaded.