“This Honourable Court lacks jurisdiction to try this application pursuant to the
reliefs sought by the Applicant which are squarely predicated on the contempt of
Orders of Nigerian Municipal Courts”.
The Defendant formulated one issue for determination in this application
namely;
“Whether the Honourable Court has the requisite jurisdiction to hear and
entertain this Applicant’s notice of registration of application as constituted and
conceived”.
He submitted that it is settled law that before a Court can exercise
jurisdiction to entertain a suit, three basic conditions must be fulfilled by
the litigant who initiated the action, namely;
a. The Court must be properly constituted
b. The subject- matter of the suit must be within the jurisdiction of
the Court.
c. The suit must come before the Court having been initiated by due
process. He cited the Nigerian case of MADUKOLU VS. NKEMDILIM
(1962) 1 A 11 NLR 58.
The Defendant contended that the crux of the Applicant’s suit is
predicated on contempt of Nigerian Courts and posited that this
Court cannot entertain applications regarding violation of Nigerian
Municipal Court orders, as Nigerian laws have made adequate
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