LEGAL PRINCIPLE: JURISDICTION – Limitation of Court’s Order to Subject Matter of Suit – Lack of Jurisdiction Over Property Outside Subject Matter of Dispute
PRINCIPLE STATEMENT
A court has no jurisdiction to make an order affecting property that is not within the subject matter of the dispute in the substantive case.
RATIO DECIDENDI (SOURCE)
Per Adio, JSC, in Makinde & Ors v. Akinwale & Ors (1995) NLC-2231994(SC) at p. 6; Paras D–E.
"As the area, shown in Exhibit "20", to which the allegations against the respondents by the appellants related was not within the two parcels of land edged green and blue which were the parcels of land in dispute, in the substantive case, this court has no jurisdiction to make an order, in this suit, affecting it."
EXPLANATION / SCOPE
A court’s jurisdiction is limited to the subject matter of the dispute. The court cannot make orders affecting property not in issue. The principle prevents the court from exceeding its jurisdiction. The parties must have joined issues on the property. The rule applies to all courts. The court cannot sua sponte extend its order to unrelated property. The party seeking an order must show that the property is within the subject matter. The principle protects property owners from orders affecting their property without being parties to the suit. The appellate court will set aside orders made without jurisdiction.