Defendant is a bar to the jurisdiction of this
Court as claimed by the Defendant.
On the first issue, whether from the facts presented by the Applicant in this
application, this action falls within the jurisdiction of this Court. It is trite law that
jurisdiction is the cornerstone or foundation for the exercise of the judicial
powers of a Court and any determination by a tribunal devoid of jurisdiction is
not only a nullity but also an exercise in futility.
A Nigerian Court Per Belgore JSC, in the case of PETROJESSICA ENTERPRISE LTD
Vs. LEVENTIS TECHNICAL CO.LTD (1992) 5 NWLR (PT 244)675 AT 693 have rightly
observed inter alia that:
“Jurisdiction is the very basis on which any tribunal tries a case. It is the lifeline of all trials;
a trial without jurisdiction is a nullity ……. The importance of jurisdiction is the reason why
it can be raised at any stage of a case, be it at the trial, and on appeal to Court of Appeal or
to this Court, a fortiori the Court can suo moto raise it. It is desirable that Preliminary
Objection be raised early on issue of jurisdiction, but once it is apparent to any party that
the Court may not have jurisdiction , it can be raised even Viva Voce as in this case. It is
always in the interest of justice to raise issue of jurisdiction so as to save time and costs
and avoid a trial in futility”
It is equally settled that for a Tribunal or Court to exercise jurisdiction over a suit
before it, it must satisfy itself as to the existence of three basic conditions;
namely:
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