Criminal Litigation Legal Practitioners Litigaship Series Procedural Law

Litigaship Series: Competence of a Suit/Jurisdiction

It is trite law that needs no authority that the jurisdiction of a court is statutorily conferred. In civil matters, in determining whether the court in which a case has been brought before it has jurisdiction or not, it is the Claimant’s claim that the court will look at. Substantiating this, Kekere-Ekun JSC held in the election petition case of PDP & Ors v. EZEONWUKA & Anor (2020) 35 WRN 1 as follows:

“The second legal principle is that in order to determine the competence of a suit and the jurisdiction of the Court to entertain it, it is the plaintiff’s claim in a matter begun by writ of summons or the supporting affidavit in a matter begun by originating summons, that would be considered. See: Adeyemi v. Opeyori (1966) 10 SC 31; Amale v. Sokoto Local Government & Ors. (2012) LPELR-7842 (SC).”

Wale Adeagbo AICMC
Litigation and Dispute Resolution Attorney.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: