Territorial Jurisdiction of the Federal High Court and Sections 96 and 97 of the Sheriffs and Civil Process Act: Owners of The Mv ‘Arabella’ v NAIC Revisited

Abstract

Amongst the factors that determine the jurisdiction of a court are the utilisation of the appropriate court process(es) and compliance with the relevant steps in the commencement of the action. This paper examines the pronouncement of the Supreme Court in Owners of the MV Arabella v NAIC on the need for leave to issue and serve an originating process filed at the Federal High Court but meant for service on a party who resides in a different division of the same Federal High Court and finds the decision to be less convincing and inappropriate. The paper points out the defect in the decision and suggests a reconsideration of the position in subsequent similar cases.