CIVIL PROCEDURE — Jurisdiction — Improper Commencement of Action — Effect on Jurisdiction of Court
Ratio Decidendi
Per Tabai, JCA (as he then was), in Osunbade & Ors v. Oyewunmi & Ors (2007) NLC-123-79-2002(SC) at p. 8; Paras A–E:
"The jurisdiction of the Ogbomosho Judicial Division of the High Court of Oyo State was not properly invoked. The proper order for the court below would have been to strike out the suit. The learned trial judge did not do that. Rather he assumed jurisdiction, heard the matter and in his judgment on the 20/2/95 granted all the reliefs claimed. There was no competent claim before him and he lacked the jurisdiction to hear and determine the suit."
Explanation / Scope
Improper commencement of an action goes to the root of the court’s jurisdiction. Jurisdiction is not merely about the subject matter; it also requires that the court’s processes be properly invoked through the correct originating procedure. Where the plaintiff uses a procedure that is inappropriate for the nature of the case (e.g., originating summons for a hostile claim with contentious facts), the court lacks jurisdiction to entertain the matter. Any proceedings conducted and judgment delivered in such circumstances are a nullity. The proper order is to strike out the suit, not to dismiss it.