Definition of words
Jurisdiction- The right a court has to entertain or hear a matter
Stay of proceedings- pausing a cause of action because of a legal infraction, or to hear an interlocutory application
Jurisdiction is a key element in legal proceedings. It is important that courts have the authority to hear matters brought before them. Where a court lacks jurisdiction to entertain a suit, a party to the suit (usually the opposing party) can challenge the jurisdiction of that court and in the course of that, put the entire process on hold.
Case Study:
OTTO & ORS v. BALYELSA PALM LIMITED (2018)
FACTS:
The plaintiffs filed a writ of summons against the defendant praying the court to issue a DECLARATION that their employment with the defendant was valid and still live; and, secondly, an ORDER for the payment of salaries for the months of July, August and September, 2016 and any subsequent payments pending the determination of the suit.
The defendant, however, filed a Motion on Notice for Stay of Proceedings and a crucial issue for determination was whether the trial court had jurisdiction to hear the matter.
DECISION
The court held that when an appeal raises issues on the subject matter of jurisdiction of the trial court, the trial court is required to stay proceedings on the matter and wait for the ruling of the appellate court.
Therefore, jurisdiction is a crucial issue in litigation so that if a matter is brought before a court lacking jurisdiction to hear it, the opposing party can appeal against the jurisdiction of the trial court and the trial court must pause the process until the appellate has determined jurisdiction.
The exception however is that criminal proceedings because of their nature, cannot be paused on account of jurisdiction. Section 306 of the Administration of Criminal Justice Act (ACJA), the courts are prohibited from granting applications for stay of proceedings on the basis of jurisdiction. Even where, the jurisdiction of a court has been challenged in a criminal proceeding, the trial must continue to its final conclusion (i.e, judgment)
