Jurisdiction Archives

Can the payment of insufficient filing fees rob the court of jurisdiction?

SPDCN Ltd v. Agbara [2016] 2 NWLR (Pt. 1496) 353 at 407, paras. A-C, per Muhammad, JSC: “The law has for long been settled that payment of inadequate filing fees can only make a process irregular and not capable of affecting the jurisdiction of the court.” Notes: The relevant facts of this case are […]

stephenazubuike
February 22, 2018
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Case Law

Failure to comply with section 97 of the Sheriffs and Civil Process Act is a mere irregularity that can be waived.

Zakirai v. Muhammad [2017] 17 NWLR (Pt. 1594) 181 at 230-231, paras. G-D, per Augie, JSC: “His [The Appellant’s] objection was a complaint against the competence of the trial court to entertain the suit because the originating summons was not endorsed or marked as required by the said Act and Rules, which touches on the […]

stephenazubuike
January 26, 2018
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Case Law

It is improper to raise issues of jurisdiction in piecemeal fashion.

Oko v. State [2017] 17 NWLR (Pt. 1593) 24 at 65-66, paras. H-A, per Peter-Odili, JSC: “Clearly, this partition or fragmentation of the jurisdictional question is one to which the appellant is estopped from embracing. It is all the more foreclosed as counsel had the time and opportunity of raising the issue of the […]

stephenazubuike
December 7, 2017
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Foreign currency contract does not mean foreign exchange matter

Case Law

The mere fact that a contract is in foreign currency does not make a dispute arising a foreign exchange matter.

U.B.A. Plc v. BTL Ind. Ltd. [2006] 19 NWLR (Pt. 1013) 61 at 104, paras. B-C, per Onu, JSC: “As the claim has nothing to do with monetary or fiscal policy of the Federal Government of Nigeria in the pleadings and evidence before the court, the mere fact that the unit of account is […]

stephenazubuike
April 13, 2017
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Case Law

A court can set aside its decision made without jurisdiction

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 564, para A, Muhammad, JSC: “Where a court discovers that it acted without jurisdiction, it can fall back on its inherent jurisdiction to set aside its decision in the matter.” Notes: According to Brian A. Garner (ed). Black’s Law Dictionary, 9th edition, […]

stephenazubuike
October 25, 2016
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45 Views

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