Legal Principles – Nigerian LawCompass

Jurisdiction Important

JURISDICTION — Jurisdiction as Threshold Issue — Court’s Duty to Raise Issue of Jurisdiction Suo Motu

"The issue of jurisdiction is very fundamental as it goes to the competence of the court or tribunal. If a court or tribunal is not competent to entertain a matter...

Jurisdiction Important

JURISDICTION — Effect of Lack of Jurisdiction — Proceedings Conducted Without Jurisdiction Are a Nullity

"Now it is clear that a court is not entitled but bound to put an end to its proceedings if at any stage and by any means it becomes manifest...

Jurisdiction Important

JURISDICTION — Distinction Between Law Applicable to Cause of Action and Law Conferring Jurisdiction

"It ought to be understood that the law which supports a cause of action is not necessarily co-extensive with the law which confers jurisdiction on the court which entertains the...

Jurisdiction Important

JURISDICTION — Applicable Law for Determining Jurisdiction — Law in Force at Time of Trial Governs Jurisdiction

"While the existing substantive law at the time a cause of action arose governs the determination of the action, it is the law in force at the time of the...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Payment of Filing Fees — Condition Precedent to Court’s Assumption of Jurisdiction

"Payment of filing fees is a precondition to or condition precedent to the court's assumption of jurisdiction. Where filing fees are not paid, a court of law will have no...

General Important

CIVIL PROCEDURE — Jurisdiction — Lack of Jurisdiction — Proper Order to Make

"Where a court lacks jurisdiction, the proper order to make is striking out of the action and not dismissing same."

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Conferment by Parties — Cannot Confer Jurisdiction by Connivance or Acquiescence

"Jurisdiction, being the threshold of judicial power and judicialism and by extension extrinsic to the adjudication, parties cannot by connivance, acquiescence or collusion confer jurisdiction on a court. Where a...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Residence of Corporation Determined by Place of Central Management and Control

"It has been judicially pronounced that the residence of a corporation is the place of its central management and control. This is normally the place where the Board of Directors...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Finding on Residence Not Appealed Binding on Parties

"The trial court had in any event found as a fact that:— 'There is no doubt that the contract was to be performed at Calabar outside the jurisdiction of this...

Constitutional Law Important

CONSTITUTIONAL LAW — Jurisdiction of Court of Appeal — Original Jurisdiction Under Section 239(1) Limited to Specified Matters

"The original jurisdiction of the Court of Appeal under S.239(1) of 1999 Constitution is very clear. All other grievances outside that provision can only be justiciable in other courts recognised...

Criminal Procedure Important

CRIMINAL PROCEDURE — Jurisdiction — Distinction Between Lack of Jurisdiction and Irregular Exercise of Jurisdiction

"A court is said to be of competent jurisdiction with regard to a suit or other proceeding when it has power to hear or determine it or exercise any judicial...

Civil Procedure Important

CIVIL PROCEDURE — Jurisdiction — Issue of Jurisdiction Can Be Raised for the First Time on Appeal

"Indeed, it is settled law that the issue of jurisdiction could be raised at any stage of the proceedings up to the Supreme Court. See: FRN v. Ifegwu (2003) 15...