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.

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