LEGAL PRINCIPLE: JURISDICTION – Jurisdiction of Court – Requirements for Valid Exercise
PRINCIPLE STATEMENT
A Court has and can only exercise jurisdiction when: (1) it is properly constituted as regards number and qualification of members of the bench, and no member is disqualified for one reason or another, and (2) the subject-matter of the case is within its jurisdiction and there is no feature in the case which prevents the Court from exercising its jurisdiction, and (3) the case comes before the Court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction.
RATIO DECIDENDI (SOURCE)
"A Court has and can only exercise jurisdiction when, (1) it is properly constituted as regards number and qualification of members of the bench, and no member is disqualified for one reason or another, and (2) the subject-matter of the case is within its jurisdiction and there is no feature in the case which prevents the Court from exercising its jurisdiction, and (3) the case comes before the Court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction."
EXPLANATION / SCOPE
This comprehensively states three requirements for valid jurisdiction exercise: (1) Proper constitution: Court must be properly constituted—correct number of judges, qualified members (training, appointment), no disqualified members (bias, conflict, incompetence). (2) Subject-matter jurisdiction: Subject matter must fall within court’s jurisdiction—constitutional/statutory grant covers matter, no features preventing jurisdiction (ouster clauses, pending actions elsewhere), and matter is justiciable. (3) Due process initiation: Case properly brought—initiated by proper procedure (writ, originating summons, motion), all conditions precedent satisfied (pre-action notice, leave where required, proper parties), and procedural requirements met. All three required: Absence of any element defeats jurisdiction. “Can only exercise jurisdiction when” means: all requirements must exist simultaneously, lack of any defeats jurisdiction, and courts cannot proceed if any element missing. This serves: ensuring jurisdictional validity, protecting against void proceedings, and establishing clear jurisdictional framework. Examples of defects: (1) Improper constitution: judge not qualified, wrong number sitting, disqualified judge participating; (2) Subject-matter: matter outside court’s jurisdiction, ouster clause applies, matter non-justiciable; (3) Process: case not initiated properly, conditions precedent unsatisfied, improper parties. Courts must ensure: all three requirements exist before proceeding, jurisdictional validity throughout proceedings, and immediate halt if any requirement fails. This comprehensive framework enables jurisdictional assessment.