CIVIL PROCEDURE ā Jurisdiction ā Territorial Jurisdiction ā Contractual Relationship Not Determinative Where Tort is the Gist of the Action
Ratio Decidendi
Per Onnoghen, JSC, in Capital Bancorp Limited v. Shelter Savings and Loans Limited & Anor (2007) NLC-123-27-2000(SC) at pp. 19ā20; Paras EāA:
"Though the contractual relationship between the Appellant and the 1st Respondent may ground the claim of ownership of the Appellant of the 60 KVA Generating set in question, that claim is with respect, not relevant to the determination of the issue of jurisdiction in this matter which issue is determinable only by the cause of action as pleaded by the Appellant in the Statement of claim, which in the instant case and as concurrently found by the lower Courts, is the seizure and detention of the generating set."
Explanation / Scope
Where the plaintiff’s claim is grounded in tort (e.g., detinue, trespass), the place of the tort is the determinant of territorial jurisdiction. The fact that the parties had a contract that may be relevant to ownership does not change this. The court examines the dominant or gist of the claim, not ancillary or background facts. A party cannot circumvent jurisdictional rules by dressing a tort claim in contractual language or vice versa. The principle ensures that jurisdictional questions are resolved by the true nature of the claim.