Courts (690)
HELD:
"It is also settled law that it is the plaintiff's claim that determines the Court's jurisdiction.
HELD:
"The factors which make a Court competent were eloquently stated in the case of Madukolu Vs Nkemdilim (supra) @ 589 - 590 as follows:
HELD:
"As stated earlier in this judgment, it is a settled principle of law that jurisdiction is the lifeblood of a Court without which it will have no power to act.
HELD:
"Let me also mention that a trial or even intermediate Court does not have the luxury of refusal to make pronouncement on issues brought before it on merit.
HELD:
"The question whether or not the lower Court has a duty to consider the merits of a case, when it holds that the suit is incompetent, or it has no jurisdiction, cannot receive a conclusive answer, as it depends on the circumstances of each case.
HELD:
"I see ground 4 as a call or complaint seeking to invoke Section 15 of the Court of Appeal Act, 2004, to determine the case at the lower Court, on the merit, the way that Court should have done.
HELD:
HELD:
"Another legal principle that is relevant in the determination of this appeal has to do with raising fresh issue by the Court suo motu.
HELD:
"...it is settled law, that it is not in all circumstances that raising of an issue by a Court suo motu and the Court deciding the same without calling on parties to address it, is fatal to a judgment based on the said issue or issues raised suo motu.