LEGAL PRINCIPLE: JURISDICTION – Fundamental Nature – Court Must Entertain Evidence Showing Want of Jurisdiction
PRINCIPLE STATEMENT
The issue of jurisdiction is fundamental to proper hearing; a party cannot be shut out and courts cannot be precluded on technical grounds from receiving evidence showing that a court's decision was given without jurisdiction.
RATIO DECIDENDI (SOURCE)
"The issue of jurisdiction is fundamental to the proper hearing of a cause… A party to litigation cannot be shut out and the court precluded on technical grounds from receiving evidence showing that the decision of a court was given without jurisdiction."
EXPLANATION / SCOPE
Jurisdiction is foundational—without it, proceedings are void regardless of technical regularity. Courts must always entertain evidence on jurisdictional issues, even if raised late or procedurally irregular. Technical rules cannot preclude jurisdictional challenges because jurisdiction cannot be conferred by consent, waiver, or procedural compliance. If a court lacked jurisdiction, all its actions are nullities—this fundamental defect cannot be ignored for procedural convenience. Parties may raise jurisdictional issues at any stage, even on appeal or collaterally. While courts may regulate how such evidence is presented, they cannot refuse to consider it. This principle protects against void proceedings and ensures courts operate within lawful boundaries, regardless of parties’ procedural compliance.