CIVIL PROCEDURE — Jurisdiction — Determination of Jurisdiction — Pleadings as the Foundation
Ratio Decidendi
Per Onnoghen, JSC, in Capital Bancorp Limited v. Shelter Savings and Loans Limited & Anor (2007) NLC-123-27-2000(SC) at p. 19; Paras B–C:
"It is now settled law that it is the claim of the Plaintiff before the Court that has to be examined to ascertain whether or not a Court is possessed with the jurisdiction to hear and determine the matter before it. In other words, it is the cause of action as identified in the Statement of claim that determines the issue of jurisdiction of the Court concerned."
Explanation / Scope
Jurisdiction is fundamental and can be raised at any stage. The court’s jurisdictional competence is determined by the nature of the plaintiff’s claim, not by the defendant’s defence or other collateral matters. The statement of claim is the primary document for this purpose. The court must look at the substance of the claim, not its form. If the claim falls within the court’s subject-matter and territorial jurisdiction, the court can proceed. This principle prevents parties from avoiding jurisdiction by framing their claims in a particular way or by raising technical objections.