LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Determination of Ouster of Jurisdiction Under Decree No. 13 of 1984 Requires Evidence at Trial
PRINCIPLE STATEMENT
Until evidence is led and the registered declaration pleaded by the defendant is tendered before the court, the question whether or not the provisions of section 1(2)(b)(i) of Decree No. 13 of 1984 ousted the jurisdiction of the court could not be decided. Such a question cannot be determined on a preliminary objection without evidence.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Elugbe v. Omokhafe & Ors (2004) NLC-2852001(SC) at p. 14; Paras A–B.
"Until evidence is led and the registered declaration pleaded by the 4th defendant/appellant is tendered before the court, the question whether or not the provisions of section 1(2)(b)(i) ousted the jurisdiction of the court could not be decided."
EXPLANATION / SCOPE
Ouster of jurisdiction under a decree may require evidence to be determined. The principle applies to civil procedure. A preliminary objection cannot decide jurisdictional ouster without evidence. The rule requires trial for factual determination. The court will not decide such issues in limine. The principle is well-established.