CIVIL PROCEDURE ā Jurisdiction ā Territorial Jurisdiction ā Cause of Action Arising Outside the Forum State
Ratio Decidendi
Per Mukhtar, JSC, in Capital Bancorp Limited v. Shelter Savings and Loans Limited & Anor (2007) NLC-123-27-2000(SC) at pp. 8ā9; Paras DāA:
"A cause of action arises from circumstances containing different facts that give rise to a claim that can be enforced in Court of law, and thus lead to the right to sue a person responsible for the existence of such circumstances. There must therefore be a wrongful act of a party (i.e. the party sued), which has injured or given the Plaintiff a reason to complain in a Court of law of consequent damage to him. ā¦ The seizure, which translates to detinue having occurred in Anambra State, it is Anambra State that should hear and determine the case."
Explanation / Scope
Territorial jurisdiction is determined by the location where the cause of action arose. The cause of action is the entire set of facts that give rise to the plaintiff’s right to sue. In tort claims like detinue or trespass, the place of the wrongful act is decisive. A court in a state where the act did not occur lacks jurisdiction, even if the defendant resides there or the contract was made elsewhere. The principle ensures that cases are heard in the forum most convenient and appropriate for the parties and witnesses.