JURISDICTION — Determination of Jurisdiction — Recourse to Plaintiff’s Pleading Alone Where Based on Pleadings
Principle Statement
Though sometimes necessary to hear evidence first to determine jurisdiction, where determination is based on pleadings, the law is that it is determined on the plaintiff's pleading, that is, his statement of claim, and not on the defendant's statement of defence.
Ratio Decidendi (Source)
Per Edozie, JSC, in Onuorah v. KRPC Ltd. (2005) NLC-2932000(SC) at p. 11; Paras D–E.
"Though it is sometimes necessary for the court to hear some evidence first for the purpose of determining the issue of jurisdiction, where however the determination is based on the pleadings, the law is that it is determined on the plaintiff's pleading, that is, his statement of claim and not on the defendant's statement of defence…"
Explanation / Scope
When jurisdiction is determined from pleadings alone, only the plaintiff’s statement of claim is considered. The defendant’s statement of defence is irrelevant for this purpose. The principle applies to civil procedure and jurisdiction. The rule prevents the defendant from using its pleadings to defeat jurisdiction. The court examines whether the claim as pleaded falls within its jurisdiction. The defence may be considered only if evidence is needed.
