LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Threshold Issue — Court must determine jurisdiction before any further step
PRINCIPLE STATEMENT
The issue of jurisdiction, being the threshold to any action in court, must be looked into first, because any proceedings of court in the absence of jurisdiction is futile and the whole proceedings rendered a nullity.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ayman Enterprises Limited v. Akuma Industries Limited (2003) NLC-1161999(SC) at p. 7; Paras B–D.
"The issue of jurisdiction, being the threshold to any action in court, must be looked into first, because any proceedings of court in the absence of jurisdiction, is futile and the whole proceedings rendered a nullity."
EXPLANATION / SCOPE
Jurisdiction must be determined first. The principle applies to all courts. Proceedings without jurisdiction are nullities. The rule is fundamental. The court cannot proceed on the merits until jurisdiction is established. The principle is well-established.