CIVIL PROCEDURE — Jurisdiction — Determination on Pleadings — Recourse Only to Statement of Claim
Principle Statement
Where pleadings are filed in a suit as in the instant case, the issue of jurisdiction ought to be determined on the Plaintiffs' statement of claim without any recourse to the Defendant's statement of defence.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Adetayo & Ors v. Ademola & Ors (2010) NLC-123-229-2004(SC) at p. 7; Paras A–C.
"Where pleadings are filed in a suit as in the instant case, the issue of jurisdiction ought to be determined on the Plaintiffs' statement of claim without any recourse to the Defendant's statement of defence."
Explanation / Scope
This principle establishes that jurisdiction is determined solely on the plaintiff’s statement of claim, without recourse to the defence. The principle applies where pleadings are filed. It ensures that the plaintiff’s claim defines jurisdiction. The principle reflects that the defendant’s pleadings cannot oust jurisdiction. It prevents defendants from using their pleadings to challenge jurisdiction. The court must examine only the statement of claim. The principle provides guidance on determining jurisdiction on pleadings.
Jurisdiction determined on statement of claim alone, not defence.
