JURISDICTION

JURISDICTION

The courts in the exercise of their functions and powers do so under what is called jurisdiction. Jurisdiction simply means matters that a particular court has the power to hear and determine. Under our laws, the acceptable notion is that jurisdiction is conferred by the Constitution, by an Act of Parliament- particularly the Courts Act, 1993, Act 459 as amended- and any other legislations. 

Jurisdiction is very important as it legally delineates the courts; prescribing matters that each court can handle or determine. When a court hears and determines matters outside its mandate, then it is said that that court has acted beyond its jurisdiction (ultra vires), with the result that decision is quashed by the superior courts/higher courts. The above would be what is called subject-matter jurisdiction. 

Another type of jurisdiction is geographical jurisdiction. Geographical jurisdiction means that a court has power to hear and determine matters that arise within the geographic location of the court. This particularly applies to the lower courts. 

So for example, a District Magistrate presiding over the District Court, Berekum, cannot hear and determine disputes or matters that originated from Sunyani. In same vein, that District Magistrate for Berekum, cannot go to the District Court, Sunyani, preside and adjudicate matters without a warrant from the Chief Justice. That will be a nullity The concept of jurisdiction also informs the qualification or competence of persons who preside over the different courts

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