Legal Principles – Nigerian LawCompass

Jurisdiction Important

JURISDICTION — Jurisdictional Error — Futility of Remitting Case for Re-admission of Evidence Where Jurisdiction Is Lacking

"Since the court below had agreed with the High Court that courts had no jurisdiction in the matter, I think the court below was right as it would amount to...

Jurisdiction Important

JURISDICTION — Jurisdiction of Court — Jurisdictional Challenge as a Threshold Issue — Duty to Determine Competence First

"It is now settled law that the jurisdiction of a court to adjudicate on a matter is a threshold issue. Consequently, without the necessary jurisdiction a court cannot make any...

Jurisdiction Important

JURISDICTION — Determination of Jurisdiction — Determined by Plaintiff’s Claim

"It is trite law that jurisdiction is determined by the claim before the court."

Jurisdiction Important

JURISDICTION — Ouster Clauses — Strict and Narrow Construction Required

"It is trite law that the courts jealously guard their jurisdiction. It follows therefore that any legislation seeking to restrict or oust the jurisdiction of the court is construed strictly...

Jurisdiction Important

JURISDICTION — Ouster Clauses — Court Must Examine Whether Competence Has Been Taken Away

"Since the right of an individual is affected the court seized of the matter ought to carefully examine all the circumstances of the case with a view to discovering whether...

Jurisdiction Important

JURISDICTION — Effect of Loss of Jurisdiction — Court Lacking Jurisdiction at Time of Institution Cannot Entertain Action

"Thus when a court is denied jurisdiction at the time a cause of action arose, it cannot assume jurisdiction when action is instituted later in respect of the subject-matter even...

Jurisdiction Important

JURISDICTION — Determination of Jurisdiction — Time for Determining Jurisdiction of Court

"The relevant law applicable in respect of a cause of action is the law in force at the time the cause of action arose whereas the jurisdiction of the court...

Jurisdiction Important

JURISDICTION — Waiver of Procedural Irregularity — Failure to Raise Timeously

"Order 3 rule 4 of the Niger State High Court Rules supra which requires that particulars of claim shall not be amended except by leave of court as well as...

Jurisdiction Important

JURISDICTION — Exclusive Jurisdiction of Federal High Court — Section 230(1)(d) of Decree No. 107 of 1993 — Requirement that Cause of Action Must Arise from Banking

"For the exclusive jurisdiction of the Federal High Court to be sustained under the aforesaid section, the civil cause or matter must arise from 'banking, banks, other financial institutions.' In...

Jurisdiction Important

JURISDICTION — Jurisdictional Error — Futility of Remitting Case for Re-admission of Evidence Where Jurisdiction Is Lacking

JURISDICTION — Jurisdiction of Court — Jurisdictional Challenge as a Threshold Issue — Duty to Determine Competence First

JURISDICTION — Determination of Jurisdiction — Determined by Plaintiff’s Claim

JURISDICTION — Ouster Clauses — Strict and Narrow Construction Required

JURISDICTION — Ouster Clauses — Court Must Examine Whether Competence Has Been Taken Away

JURISDICTION — Effect of Loss of Jurisdiction — Court Lacking Jurisdiction at Time of Institution Cannot Entertain Action

JURISDICTION — Determination of Jurisdiction — Time for Determining Jurisdiction of Court

JURISDICTION — Waiver of Procedural Irregularity — Failure to Raise Timeously

JURISDICTION — Exclusive Jurisdiction of Federal High Court — Section 230(1)(d) of Decree No. 107 of 1993 — Requirement that Cause of Action Must Arise from Banking

JURISDICTION — Exclusive Jurisdiction of Federal High Court — Distinction Between Banking Matters and Tort of Conversion

JURISDICTION — Exclusive Jurisdiction of Federal High Court — Banking Matters Distinguished from Tort of Conversion

JUDICIAL PRECEDENT — Stare Decisis — Foreign Decisions Cannot Supplant Correctly Decided Domestic Case Law