CIVIL PROCEDURE — Jurisdiction — Acquisition of Jurisdiction After Commencement of Action
Ratio Decidendi
Per Mukhtar, JSC, in Omnia Nigeria Limited v. Dyktrade Limited (2007) NLC-123-176-2003(SC) at pp. 16–17; Paras C–D:
"So long as a court acquires jurisdiction before delivering judgment, its decision cannot be attacked on the ground of want of jurisdiction. Consequently, the time to decide whether the court has jurisdiction or not is when the point is taken."
Explanation / Scope
This principle establishes that jurisdiction can be acquired after the action is commenced, as long as it is acquired before judgment is delivered. The critical time for determining jurisdiction is when the objection is raised, not at the commencement of the action. If the court had no jurisdiction when the suit was filed but later acquires it, and no objection is taken, the judgment is valid. The principle prevents parties from raising jurisdiction belatedly after actively participating in proceedings. However, the court must have jurisdiction over the subject matter. The principle applies in civil proceedings where jurisdictional objections are raised.