Declaratory Reliefs: The Duck Test & Reality Check

The certainty in settled principles of law is perhaps one of the cardinal tools that make us determine the course of litigation most times. It infuses a sort of confidence in our oral and written advocacy. It is quite easy to presume, I suppose, that a case fixed for mention cannot be heard on the return date ( Olubusola Stores v. Standard Bank Nig Ltd (1975) NSCC 137; Mbadinuju v. Ezuka (1994) 8 NWLR (pt. 364) 535),

Choice of Counsel vs. Jurisdiction... What should the Court determine first?

One of the basic principles in our procedural law over the years is to always treat the issue of jurisdiction first whenever it is raised. It is quite elementary. Once an issue of jurisdiction has been raised, the general principle is that it ought to be resolved first before anything else in the proceedings.