JURISDICTION ā Determination of Jurisdiction ā Plaintiff’s Claim as Determinant of Court’s Jurisdiction
Principle Statement
The law is settled that jurisdiction of a court is determined by the plaintiff's claim before the court.
Ratio Decidendi (Source)
Per Akintan, JSC, in Associated Discount House Ltd v. Amalgamated Trustees Ltd (2006) NLC-123-289-2002(SC) at pp. 10ā11; Paras EāA.
"The law is settled that jurisdiction of a court is determined by the plaintiff's claim before the court: See Onuorah v. Kaduna Refining & Petrochemical Co. Ltd. (2005) 6 NWLR (Pt. 921) 393; Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517; and Orthopaedic Hospital Management Board v. Garba 14 NWLR (Pt. 788) 538."
Explanation / Scope
The plaintiff’s claim, not the defendant’s defence, determines the court’s jurisdiction. The principle applies to civil procedure and jurisdiction.
