LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Objection to Jurisdiction — Stage at Which May Be Raised
PRINCIPLE STATEMENT
The issue of whether a plaintiff's action is properly within jurisdiction or justiciable can be determined even on the endorsement of the writ of summons, as to the capacity in which the action was brought, or against whom the action is brought, or on the subject-matter endorsed on the writ.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Arjay Ltd & Ors v. Airline Management Support Ltd (2003) NLC-1122000(SC) at pp. 37–38; Paras D–A.
"There is no doubt the issue of whether a plaintiff's action is properly within jurisdiction or indeed justiciable can be determined even on the endorsement of the writ of summons, as to the capacity in which action was being brought, or against who action is brought. It may also be determined on the subject-matter endorsed on the writ of summons, if this is not actionable."
EXPLANATION / SCOPE
Jurisdiction may be determined from the writ itself. The principle applies to civil proceedings. No need for full trial. The rule promotes efficiency. The court may strike out the action for lack of jurisdiction at an early stage. The principle is fundamental.