CIVIL PROCEDURE — Jurisdiction — Determination of — Plaintiff’s Claim as Decisive Factor
Ratio Decidendi
Per Ogbuagu, JSC, in Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC) at p. 6; Paras A–B:
"The issue of jurisdiction of a trial court in any particular case, is determined or decided by the claim in the Writ of Summons and the Statement of Claim — i.e. jurisdiction is determined by the Plaintiffs claim and not by the defendant's denial."
Explanation / Scope
This principle establishes that jurisdiction is determined by the plaintiff’s claim as endorsed in the writ and stated in the statement of claim, not by the defendant’s denial or defence. The court looks at the nature of the plaintiff’s claim to decide if it has jurisdiction. The defendant’s denials cannot oust jurisdiction. The principle ensures that jurisdiction is decided at the threshold based on the claim itself. It prevents defendants from defeating jurisdiction through denials. The court must examine the substance of the claim. The principle applies in all civil proceedings where jurisdiction is challenged.