Objection on Territorial Jurisdiction - What the Defendant must prove.

 The position of the law has always been that he who asserts must prove. The usual

SAINT GOBAIN PAM S. A. v. INTERNATIONAL CONSULTANTS INCORPORATED

(2015) LPELR-24663(CA)

Principle

JURISDICTION - TERRITORIAL JURISDICTION

- Duty on a defendant who contends the territorial jurisdiction of a Court in an action founded on contract

"A defendant who contends that the forum of the trial Court is not convenient for the determination of the issue raised on the writ of Summons must show: (a) That the defendant does not reside in or carry out business within the geographical area of the Court: (b) That the cause of action did not arise within the geographical area of the Court and; (c) That the contract is not to be performed within the geographical area of the Court. The onus is on the defendant to establish all these; Arjay Limited v. Airline Management Support Ltd (supra)." Per ONYEKACHI AJA OTISI, JCA (Pp 60 - 60 Paras A - C)