LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Conditions Precedent to Exercise of Jurisdiction Include Due Service of Process
PRINCIPLE STATEMENT
A court has jurisdiction when: (1) properly constituted; (2) subject matter within its jurisdiction; and (3) the case is initiated by due process of law, including fulfillment of any condition precedent such as due service of process.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Mark & Anor v. Eke (2004) NLC-351997(SC) at p. 24; Paras C–D.
"A court can be said to have jurisdiction and competence to hear matters when (1) it is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; (2) the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the court from exercising its jurisdiction; and (3) the case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction."
EXPLANATION / SCOPE
Due service of process is a condition precedent to jurisdiction. The principle applies to civil procedure. All three conditions must be satisfied. The rule ensures proper initiation. Non-service renders proceedings a nullity. The principle is fundamental.