LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — High Court Law Section 22(2) — Requirements for Jurisdiction Over Defendant
PRINCIPLE STATEMENT
Under Section 22(2) of the High Court Law, the jurisdiction of a State High Court over a defendant is limited to defendants who are resident and/or carry on business within that State; where a court exercises jurisdiction it does not possess, its judgment is void and of no effect.
RATIO DECIDENDI (SOURCE)
Per Idigbe, JSC (as adopted by Uwaifo, JSC), in Ndaeyo v. Ogunnaya (1977) NSCC (Vol. 11) 5 at p. 10; Paras A–C, cited in Okafor v. Ezenwa (2002) NLC-601996(SC) at pp. 12–13; Paras D–A.
"Under the provisions of the law establishing the trial court (i.e. section 22, particularly subsection 2 of the High Court law aforesaid) the jurisdiction of the High Court of Imo State, so far as concerns the defendants in a civil cause or matter, is limited to such defendants as are resident and/or carry on business, within the Imo (formerly East Central) state. Where, therefore, a court takes it upon itself to exercise jurisdiction which it does not possess, its decision amounts to nothing ... It follows therefore, that the trial court had no jurisdiction to entertain these proceedings and the judgment of that court is void and of no effect."
EXPLANATION / SCOPE
A State High Court has territorial jurisdiction only over defendants resident or carrying on business within the State. If the court assumes jurisdiction without proper basis, the judgment is void. The defect is fundamental and cannot be cured. The principle protects defendants from being sued in inconvenient fora. The plaintiff must establish that the defendant resides or carries on business within the State. The court may raise the issue suo motu. The rule applies to all civil proceedings. The judgment is a nullity regardless of the merits. The appellate court will set it aside. The principle ensures that courts respect territorial limits.
