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Mrs oil& gas company ltd v Dock mangement LTD (2016) LPELR- 42252 (CA)

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   Importance of jurisdiction in the process of adjudication 

"Jurisdiction is the life blood of any adjudication. Superior Courts in a plethora of cases held that jurisdiction is a threshold matter and the life blood of any adjudication. It is a must and a necessity that a Court must be clothed with jurisdiction in the determination of any dispute. See OHAKIM v. AGBASO (2010) 19 NWLR (Pt. 1226) 172 where the apex Court held: "It is settled law that jurisdiction is the live blood of any adjudication without which no proceeding, however brilliantly conducted by the Court or tribunal can be valid. It is really a threshold matter or sometimes referred to as a periphery matter to be dealt with once raised or challenged in any proceeding. Without jurisdiction, the whole trial or proceeding of the Court is a nullity however well conducted, that is why jurisdiction is very vital and fundamental to administration of justice in any judicial system." The importance of jurisdiction cannot therefore be over emphasized. It is never to be taken lightly because it is crucial. Elements of jurisdiction have been settled in the case MADUKOLU v. NKEMDILIM (1962) 2 SCNLR 341 (1962) 1 ALL NLR (Pt. 4) 587. It is trite that jurisdiction is donated by either the Constitution or enabling statutes. It is therefore not fluid but crystallized. See ADAH v. N.Y.S.C. (2004) 13 NWLR (Pt. 891) 639. Another feature from where jurisdiction can be discerned from is the claim before the Court. Parties could depending on the claim also be a parameter in the determination of jurisdiction. A Court must therefore possess jurisdiction before any outcome can be valid, effective and binding

Source: law pavilion



   
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