LEGAL PRINCIPLE: JURISDICTION — Jurisdiction of Court — Jurisdictional Challenge as a Threshold Issue — Duty to Determine Competence First
PRINCIPLE STATEMENT
Jurisdiction is a threshold issue; without it, a court cannot make any valid order. When a challenge to competence is made, the court must deal with it at the earliest opportunity, not wait till the end of the case.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Tiza & Anor v. Begha (2005) NLC-1152000(SC) at p. 11; Paras D–E.
"It is now settled law that the jurisdiction of a court to adjudicate on a matter is a threshold issue. Consequently, without the necessary jurisdiction a court cannot make any valid order… Whenever a challenge is made to the competence of a court to entertain a matter, the court should deal with that issue at the earliest opportunity and not wait till 'at the end of the case' as opined by the Court of Appeal in this matter."
EXPLANATION / SCOPE
Jurisdiction is threshold; court must rule on jurisdictional challenge at the earliest opportunity. The principle applies to civil procedure.
