custody. He submitted that the motion was then filed with the annexure
showing that the plaintiff was indeed in custody.
19.
He submitted
further that the defendant
bas not disputed the fact that
the plaintiffs counsel wrote to the prison authority as sho'VV11
in exhibits
OAI and OA2 attached to the affidavit in support of the motion and that
the defendant did not counter the assertion of the plaintiff in paragraph
SIX
20.
(6) of the affidavit in respect of exhibit OAl and OA2 respectively.
In respect of accessing the national court to exhaust local remedy before
approaching
this court, learned
amended
application
recourse
to any domestic
counsel referred to pages 4-7 of his
to submit that the applicant need not have any
remedy
before filing this
application
in
accordance with the provision of the Protocol of this court He urged the
Court to grant all the reliefs sought by the plaintiff/applicant
CONSIDERATION
21.
in this case.
AND DETER..1\1INATION ...CfF THE COURT
It is foremost in terms of importance in the argument of learned Counsel
of the parties to consider and determine the issue of whether the Court
has jurisdiction
on the matter presented
always jurisdiction
by the Plaintiff/applicant
of the court is of paramount
where a court lacks jurisdiction,
importance
.. As
because
no matter how well conducted
a ease
may be it will fall to nothingness.
court un
the importance
of jurisdiction
and how some should be handled with
utmost care. Some of these authorities are:
B