LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Challenge to — Court’s Duty
PRINCIPLE STATEMENT
When a court's jurisdiction is challenged, the court must settle that issue one way or another first before proceeding to hear the case on the merits.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Afro-Continental (Nigeria) Limited v. Co-operative Association of Professionals Inc. (2003) NLC-771995(SC) at p. 10; Paras B–C.
"When a court jurisdiction is challenged, the duty of the court is to settle that issue one way or another first before proceeding to hear the case on merits."
EXPLANATION / SCOPE
Jurisdiction must be determined before any other step. The court cannot assume jurisdiction. The principle applies to all courts. The rule ensures that only cases within jurisdiction are heard. The court may decide jurisdiction based on pleadings. The principle is fundamental.