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Sunday, February 26, 2017

dominus litis and the choice of the forum is his prerogative or at his sweet will

is a fundamental principle of law that the Plaintiff is the dominus litis and the choice of the forum is his prerogative or at his sweet will.  The doctrine of dominus litis is one of the fundamental principles of law.  The Plaintiff is the master of the proceeding; he alone has control over it; it is for him to pursue or abandon the suit instituted by him.  It is not the concern of anyone else.  The fundamental principles on which jurisdiction is determined are lex reus – where the Respondent resides, lex causae – law of the cause, lex fori – law of the forum, lex situs – the legal system which applies in the place where the asset is situated and lex loci - the law of the place where the contract was made.  The sovereign has undoubted jurisdiction over the subjects within its territorial limits and where the respondent resides is the most fundamental factor in determining the place of institution of a legal proceeding.

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