CIVIL PROCEDURE — Jurisdiction — Claimant’s Pleadings Determines Jurisdiction
Ratio Decidendi
Per Onnoghen, JSC, in Umanah v. Attah (2006) NLC-123-255-2005(SC) at pp. 29–30; Paras D–A:
"In determining whether a court has jurisdiction to entertain a matter, it is the claim of the plaintiff made up of the writ of summons and Statement of Claim where one has been filed, that determines the issue. … From the facts as pleaded in the Statement of Claim, it is very clear that the substance of the complaint of the appellant before the trial court is that of bias or real likelihood of bias arising from pecuniary interest and not fraud."
Per Onnoghen, JSC, in Umanah v. Attah (2006) NLC-123-255-2005(SC) at pp. 29–30; Paras D–A:
Jurisdiction is determined by the plaintiff's pleadings, not the defendant's response. The principle applies to civil procedure.
Explanation / Scope
In determining whether a court has jurisdiction, it is the plaintiff’s claim (writ of summons and statement of claim) that determines the issue. From the facts pleaded, the substance of the complaint is bias or real likelihood of bias from pecuniary interest, not fraud.