CIVIL PROCEDURE — Jurisdiction — Vacation jurisdiction — Conditions precedent for entertaining applications during annual vacation
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC) at pp. 19-20; Paras C-D:
"Reading sub-rules (b) and (c) of Order 26 together they have unambiguously stated the manner of approaching the court during the court's annual vacation period for court business. It is clear that unless the party as the applicant in this case has followed the manner so prescribed under the said sub-rules, otherwise the preconditions for a successful application of discontinuance, in a matter as in this case it may not have been initiated competently thus robbing the court of the necessary jurisdiction to hear and determine the application to discontinue the suit."
Explanation / Scope
This principle establishes that compliance with the prescribed manner under Order 26 Rules 9(2)(b) and (c) is a condition precedent for the court to entertain applications during annual vacation. Failure to follow the prescribed manner robs the court of jurisdiction to hear the application. The principle applies where applications are brought during court vacation. It ensures that vacation jurisdiction is not abused. The principle reflects the need for proper procedure. It prevents parties from bypassing procedural requirements. The court must ensure compliance with the rules. The principle provides guidance on the conditions for vacation jurisdiction.