Legal Principles – Nigerian LawCompass

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – Magistrates’ Court – Limits of Jurisdiction – Declaratory Judgments

"The Magistrates' Court has no powers to make a declaratory judgment."

Civil Procedure Important

CIVIL PROCEDURE – Concurrent Jurisdiction – Choice Between Courts – Convenient Forum

"I have shown that the action taken in the High Court between the same parties raises apparently more issues than that brought in the Magistrates' Court. Although that of the...

Jurisdiction Important

JURISDICTION – Conclusiveness of Judgments – Public Policy Basis for Finality

"It would at least be against public policy for persons, without the backing of the court, to pronounce a court decision a nullity, act in breach of the decision whereas...

Jurisdiction Important

JURISDICTION – Courts of Unlimited Jurisdiction – Orders of – Cannot Be Ignored Even If Void

"It would be most dangerous to allow a party or his counsel to determine whether its order was null or valid, regular or irregular. They should come to the court...

Jurisdiction Important

JURISDICTION – Courts of Unlimited Jurisdiction – Void and Voidable Orders – Distinction Inapplicable

"The contrasting legal concepts of voidness and voidability form part of the English law of contract. They are inapplicable to orders made by a court of unlimited jurisdiction in the...

Jurisdiction Important

JURISDICTION – Void Judgments – Subsisting Effect Until Set Aside – Obligation to Obey Court Orders

"The option open to a person against whom an order was made or a judgment given is plain. He should apply to the court to discharge the order or appeal...

Jurisdiction Important

JURISDICTION – Competence of Court – Determination of Jurisdiction as Threshold Issue

"The determination of the question whether the court before whom an action comes for adjudication has jurisdiction is a radical and crucial matter relating to its competence to hear the...

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – Nullity of Proceedings – Effect of Lack of Jurisdiction

"The proceedings of the Area Court No.1, Zaria City and all subsequent proceedings based on the decision of the said court are a nullity. If there is want of jurisdiction,...

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – Raising Jurisdiction – Can Be Raised at Any Stage

"The issue of jurisdiction can be taken up in the Supreme Court, or before the Court of Appeal or the High Court at any stage of the proceedings, even for...

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – Territorial Jurisdiction – Court’s Competence to Adjudicate on Land Outside Its Territorial Limits

"A court is competent when the subject matter of the case is within jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction....

Jurisdiction Important

JURISDICTION – Proceedings without Jurisdiction – Nullity and Legal Consequences

"Where a cause or matter is heard and ruling or judgment is delivered without jurisdiction, the proceedings will be a nullity and can neither be used for any purpose whatsoever...

Jurisdiction Important

JURISDICTION – High Court – Post-Appeal Remedies – Proceedings to Protect Appellate Court’s Jurisdiction

"Having appealed to the Court of Appeal, all matters relating to that appeal must be agitated at that Court. Therefore, the motions which have now led to this appeal should...