LEGAL PRINCIPLE: CIVIL PROCEDURE – Transfer of Causes and Matters – Transfer from Magistrates’ Court to High Court – Sufficiency of Reasons for Transfer
PRINCIPLE STATEMENT
It is sufficient if the administrative Judge or Chief Judge as the case may be, is satisfied that there are good reasons for the transfer.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Dike & Ors v. Aduba & Anor (2000) NLC-1081994(SC) at p. 6; Paras B–C.
"It is sufficient if the administrative Judge or Chief Judge as the case may be, is satisfied that there are good reasons for the transfer."
EXPLANATION / SCOPE
When transferring a case from a magistrates’ court to the High Court, the administrative judge need only be satisfied that good reasons exist for the transfer. No elaborate findings, written reasons, or judicial reasoning are required. The standard is subjective satisfaction, not objective proof. This reflects the administrative nature of transfer powers—focused on efficient case management rather than adjudication of rights. The transferee court’s jurisdiction remains unaffected by the adequacy of reasons, provided the transfer was within statutory authority.