LEGAL PRINCIPLE: JURISDICTION – Effect of Proceedings Conducted Without Jurisdiction – Transfer of Suit to Court with Jurisdiction – Proper Course is to Strike Out
PRINCIPLE STATEMENT
The proceedings before the Lagos High Court having been set aside as a nullity, the order by the court below (Court of Appeal) transferring the matter to the Federal High Court would be a nullity and it is so declared.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at p. 1; Paras E–F.
"The proceedings before the Lagos High Court having been set aside as a nullity, the order by the court below (Court of Appeal) transferring the matter to the Federal High Court would be a nullity and it is so declared."
EXPLANATION / SCOPE
When proceedings are a nullity due to lack of jurisdiction, any subsequent order by the Court of Appeal transferring the matter is also a nullity. A nullity cannot be transferred—there is no valid proceeding to transfer. The proper course is to strike out the suit. The appellate court cannot breathe life into a nullity by ordering transfer. The plaintiff must commence a fresh action in the court with jurisdiction. The principle ensures that jurisdictional defects are not circumvented by transfer orders. The court must declare the transfer order null and void. The plaintiff is not prejudiced because they can file afresh. The rule preserves the integrity of jurisdictional limits.