LEGAL PRINCIPLE: CIVIL PROCEDURE – Transfer of Causes and Matters – Transfer from Magistrates’ Court to High Court – Purely Administrative Function
PRINCIPLE STATEMENT
The entire procedure in effecting a transfer in accordance with the rules is purely administrative. It is not necessary for application to be dealt with in open court. No judicial procedure is involved. It was not a judicial or quasi judicial function and does not require the importation of the concept of the exercise of judicial or quasi judicial discretion.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Dike & Ors v. Aduba & Anor (2000) NLC-1081994(SC) at p. 6; Paras A–B.
"The entire procedure in effecting a transfer in accordance with the rules is purely administrative. It is not necessary for application to be dealt with in open court. No judicial procedure is involved. It was not a judicial or quasi judicial function and does not require the importation of the concept of the exercise of judicial or quasi judicial discretion."
EXPLANATION / SCOPE
Transfer of cases from a magistrates’ court to the High Court under applicable rules is an administrative, not judicial, function. It need not be conducted in open court, involves no adversarial procedure, and does not require judicial discretion. The Chief Judge or administrative judge acts administratively to ensure efficient case distribution. Consequently, such transfer orders are not appealable decisions under constitutional provisions. This distinction preserves judicial resources for substantive adjudication while enabling efficient court administration without procedural formality.