LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction – State High Court Has Jurisdiction Over Tort of Conversion
PRINCIPLE STATEMENT
This is an action for conversion in tort between same parties. The State High Court has unlimited jurisdiction to try it by virtue of Section 236(1) of the 1979 Constitution. I am persuaded by SADENI FARMS LTD. (supra). I find it apposite and I respectfully apply it.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in *7-UP Bottling Company Ltd. & Ors v. Abiola and Sons Bottling Company Ltd.* (2001) NLC-631996(SC) at p. 15; Paras A–B (citing the trial court's ruling with approval).
"This is an action for conversion in tort between same parties. The State High Court has unlimited jurisdiction to try it by virtue of Section 236(1) of the 1979 Constitution. I am persuaded by SADENI FARMS LTD. (supra). I find it apposite and I respectfully apply it."
EXPLANATION / SCOPE
State High Courts have unlimited jurisdiction to hear actions for conversion in tort under Section 236(1) of the 1979 Constitution (and analogous provisions in subsequent constitutions). Conversion is a common law tort over which High Courts exercise original jurisdiction. No statutory limitation excludes conversion from High Court competence. The court can hear and determine such claims fully, including awarding damages. This affirms that tort claims, including conversion, are within the inherent jurisdiction of State High Courts. Parties need not seek alternative forums. The unlimited jurisdiction covers all civil claims except those exclusively assigned to other courts.