LEGAL PRINCIPLE: JURISDICTION – Transfer of Causes – Power of Court of Appeal to Transfer Matter to Federal High Court – Absence of Statutory Power to Transfer

The Court of Appeal has no statutory power to transfer a matter to the Federal High Court after finding that the trial court lacked jurisdiction. The proper order is to strike out the case—not transfer it. Transfer is not available as a remedy for lack of jurisdiction. Proceedings conducted without jurisdiction are a nullity; a nullity cannot be transferred. The court must strike out the suit, leaving the plaintiff to file afresh in the proper court. The absence of transfer power preserves the principle that parties must invoke the jurisdiction of the correct court. The appellate court cannot cure jurisdictional defects by transfer. Striking out is the only appropriate order.