CIVIL PROCEDURE ā Jurisdiction ā Determination of Jurisdiction ā Plaintiff’s Claim as Basis for Determining Jurisdiction
Principle Statement
The law is indeed well settled that in cases initiated by Writ of Summons and statement of claim such as the present case, the jurisdiction of the Court is determined by the Plaintiffs statement of claim.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Adetayo & Ors v. Ademola & Ors (2010) NLC-123-229-2004(SC) at pp. 6ā7; Paras DāA.
"The law is indeed well settled that in cases initiated by Writ of Summons and statement of claim such as the present case, the jurisdiction of the Court is determined by the Plaintiffs statement of claim."
Explanation / Scope
This principle establishes that jurisdiction is determined by the plaintiff’s statement of claim in cases initiated by writ and statement of claim. The principle applies where jurisdiction is challenged. It ensures that the plaintiff’s claim defines the court’s jurisdiction. The principle reflects that the plaintiff is master of the claim. It prevents the defendant’s pleadings from ousting jurisdiction. The court must examine the statement of claim. The principle provides guidance on determining jurisdiction.
