JURISDICTION ā Subject-Matter Jurisdiction ā Law Applicable is Law Existing When Cause of Action Arose
Principle Statement
The law applicable to an action is the law existing when the cause of action arose. The Rivers State High Court had jurisdiction to entertain plaintiffs' suit on 6th June 1988, and that jurisdiction was not impaired between commencement and judgment on 27th February 1991.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Shell Petroleum Development Company of Nigeria Limited v. Tiebo & Ors (2005) NLC-91999(SC) at p. 9; Paras CāD.
"It is settled that the law applicable to an action is the law existing when the cause of action arose... The result is that the Rivers State High Court had jurisdiction to entertain plaintiffs' suit and that jurisdiction was in no way impaired between the commencement of the action on 6th June 1988 and the delivery of judgment on 27th February, 1991."
Explanation / Scope
Jurisdiction is determined by the law existing when the cause of action arose, not subsequent changes. The principle applies to civil procedure and jurisdiction. A court’s jurisdiction once vested is not lost by later legislative changes.
