LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Fundamental Nature
PRINCIPLE STATEMENT
Jurisdiction is the body and soul of every judicial proceeding. Without it, all subsequent proceedings are fruitless, futile, and a nullity. The issue of jurisdiction is fundamental to the proper hearing of a cause.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Afro-Continental (Nigeria) Limited v. Co-operative Association of Professionals Inc. (2003) NLC-771995(SC) at pp. 9–10; Paras E–A.
"Jurisdiction is the body and soul of every judicial proceedings before any court or tribunal and without it all subsequent proceedings are fruitless, futile and a nullity because the issue of jurisdiction is fundamental to the proper hearing of a cause."
EXPLANATION / SCOPE
Jurisdiction is foundational. Proceedings without jurisdiction are nullities. The principle applies to all courts. The issue can be raised at any stage. The rule is fundamental. The court cannot waive jurisdiction. The principle is well-established.