Legal Principles – Nigerian LawCompass

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – State High Court Has Jurisdiction Over Tort of Conversion

"This is an action for conversion in tort between same parties. The State High Court has unlimited jurisdiction to try it by virtue of Section 236(1) of the 1979 Constitution....

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – Determination of Nature of Action – Court Must Examine Plaintiff’s Statement of Claim Only

"The law is sufficiently settled that in determining whether the plaintiff's (respondent's) action discloses any cause of action or the nature thereof, the court will necessarily restrict itself to the...

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 – Same Issues in Different Courts – Principle in Thames Launches Ltd. v. Trinity House

"If there are two courts which are faced with substantially the same question, it is desirable to be sure that that question is debated in only one of those two...

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 – 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 – 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 – Preliminary Objection as Mode of Raising Jurisdictional Challenge

"In any case where the challenge to the decision of the court is founded on lack of jurisdiction, the court is bound to consider such challenge which goes to the...

Civil Procedure Important

CIVIL PROCEDURE – Jurisdiction – State High Court Has Jurisdiction Over Tort of Conversion

CIVIL PROCEDURE – Jurisdiction – Determination of Nature of Action – Court Must Examine Plaintiff’s Statement of Claim Only

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

CIVIL PROCEDURE – Concurrent Jurisdiction – Same Issues in Different Courts – Principle in Thames Launches Ltd. v. Trinity House

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

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

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

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

CIVIL PROCEDURE – Jurisdiction – Raising Jurisdiction – Preliminary Objection as Mode of Raising Jurisdictional Challenge

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

CIVIL PROCEDURE – Jurisdiction – Effect of Transfer Order on Court’s Jurisdiction

JURISDICTION – Proceedings without Jurisdiction – Nullity and Legal Consequences