Ratio Decidendi

Per ADEKEYE, J.S.C., in Cotecna Int'l Ltd v. Churchgate Nig Ltd (2010) NLC-123-181-2004(SC) at p. 33; Paras A–B:

"In considering whether a court has jurisdiction to entertain a matter, the court is guided by critically looking at the writ of summons and the statement of claim."

Explanation / Scope

This principle establishes that jurisdiction is determined by critically examining the writ of summons and statement of claim. The principle applies where jurisdiction is challenged. It ensures that the court looks at the plaintiff’s claim. The principle reflects that the claim defines jurisdiction. It prevents looking at the defence. The court must examine the documents. The principle provides guidance on determining jurisdiction.

Cases Applying This Principle