LEGAL PRINCIPLE: JURISDICTION — Applicable Law for Determining Jurisdiction — Law in Force at Time of Trial Governs Jurisdiction
PRINCIPLE STATEMENT
While the existing substantive law at the time a cause of action arose governs the determination of the action, it is the law in force at the time of the trial of the action that determines the court vested with jurisdiction to try the case.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Olutola v. University of Ilorin (2004) NLC-2111999(SC) at pp. 36–37; Paras E–A.
"While the existing substantive law at the time a cause of action arose governs the determination of the action, it is the law in force at the time of the trial of the action based on the cause of action that determines the court that is vested with the jurisdiction to try the case."
EXPLANATION / SCOPE
Substantive law applicable to a cause of action is the law in force when it arose. Jurisdiction is determined by the law in force at trial time. The principle applies to civil procedure and jurisdiction. The rule distinguishes between substantive rights and procedural competence. A court may gain or lose jurisdiction based on intervening legislation. The trial date determines which court has jurisdiction.
