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. When proceedings are nullities for want of jurisdiction, the proper order is to strike out the case—not transfer it. Transfer would validate proceedings that never should have occurred. The appellate court cannot create jurisdiction where none exists by transferring the matter. The absence of express statutory power to transfer means the court cannot imply such power. Striking out leaves the parties free to commence afresh in the proper court if they wish. Transferring would be an exercise in futility and without legal basis.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. When proceedings are nullities for want of jurisdiction, the proper order is to strike out the case—not transfer it. Transfer would validate proceedings that never should have occurred. The appellate court cannot create jurisdiction where none exists by transferring the matter. The absence of express statutory power to transfer means the court cannot imply such power. Striking out leaves the parties free to commence afresh in the proper court if they wish. Transferring would be an exercise in futility and without legal basis.