LEGAL PRINCIPLE: JURISDICTION – Basis of Determining Jurisdiction – Determination of Jurisdiction by Plaintiff’s Claim Not Court’s Findings
PRINCIPLE STATEMENT
The jurisdiction of a court, including a special appellate court such as the Sharia Court of Appeal, is determined by the plaintiff's claim as presented, and not by the trial court's finding or conclusion. A court cannot make out a different case for the parties.
RATIO DECIDENDI (SOURCE)
Per Kawu, JSC, in Babale v. Abdulkadir (1993) NLC-1281990(SC) at pp. 5-6; Paras D--B.
"The jurisdiction of a court, including a special appellate court such as the Sharia Court of Appeal, is determined by the plaintiff's claim as presented, and not by the trial court's finding or conclusion. A court must resolve the dispute as presented by the parties and cannot make out a different case for them.”
EXPLANATION / SCOPE
Jurisdiction is determined by the plaintiff’s claim as pleaded, not by the court’s findings. The court cannot make out a different case for the parties. The principle ensures that the court decides the dispute presented. The defendant’s response does not affect jurisdiction. The court must examine the plaintiff’s statement of claim. The rule applies to all courts, including appellate courts. The plaintiff cannot confer jurisdiction by framing the claim differently from its substance. The court will examine the real nature of the claim. The principle prevents jurisdictional manipulation.