After all, it is to be remembered that all appeals in this country and elsewhere exist merely by statute and unless the statutory conditions are fulfilled no jurisdiction is given to any Court of Justice to entertain them.
— Lord Atkin, Ohene Moore v. Akesseh Tayee (1933) JELR 85041 (WACA)
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Before a court finally determines a case pending, it is seised with jurisdiction to determine whether or not it has jurisdiction, but once the court has declined jurisdiction it is functus officio – such a decision can only be referred to an appellate court. — O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000 Was...
Without doubt, where a case is heard and judgment is delivered by a court without jurisdiction, the proceedings will be a nullity. – Iguh, JSC. Oshatoba v. Olujitan (2000) Was this dictum helpful? Yes 0 No 0...
The point has to be cleared without delay that the law though well settled is that the writ of summons and statement of claim are the materials on which the issue of competence and jurisdiction of Court is raised, however it is not a principle cast in stone or regarded as immutable as circumstances could...
I have found that ground (1) is premised on the jurisdiction of the lower court. It is the law that even where a court of law does not pronounce whether it has jurisdiction to try a matter or not, once the establishing law or other statutes or the subject matter or party before the court...
It is now settled law that jurisdiction is the life blood of adjudication in that any decision by a Court that lacks jurisdiction to hear and determine a matter is a nullity no matter how well conducted see Madukolu vs Nkemdilim 1962 NSCC 374 at 379-380. When can it be said that a Court has...
Jurisdiction is to a Court what a door is to a house. The question of a Courts jurisdiction is called a threshold issue because it is at the threshold of the temple of justice. Jurisdiction is a radical and fundamental question of competence, for if the Court has no jurisdiction to hear the case, the...
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