CIVIL PROCEDURE — Jurisdiction — Determining Jurisdiction — Reference to Plaintiff’s Claims
Ratio Decidendi
Per Onnoghen, JSC, in Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC) at p. 8; Paras A–B:
"It is settled law that it is the claim(s) of the plaintiff as contained in the writ of Summons and/or Statement of Claim that determines the question as to whether or not the court before which the action pends has the jurisdiction to entertain and determine same."
Explanation / Scope
This principle establishes that jurisdiction is determined by the plaintiff’s claims as stated in the writ of summons and/or statement of claim. The court looks at the nature of the claim to determine if it has jurisdiction. The principle applies in all civil proceedings where jurisdiction is challenged. It ensures that jurisdiction is decided at the threshold. The principle reflects that the plaintiff is master of the claim. It prevents defendants from ousting jurisdiction through denials. The court must examine the substance of the claim. The principle provides guidance on the test for jurisdiction.