LEGAL PRINCIPLE: JURISDICTION – Power of Court of Appeal to Transfer Suit – Court of Appeal’s Powers Where Trial Court Lacks Jurisdiction
PRINCIPLE STATEMENT
I cannot see that the lower court has power to do that. Having found that the action was filed in a court which has no jurisdiction, the lower court ought to have struck out the suit.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at pp. 1–2; Paras F–A.
"I cannot see that the lower court has power to do that. Having found that the action was filed in a court which has no jurisdiction, the lower court ought to have struck out the suit."
EXPLANATION / SCOPE
The Court of Appeal lacks power to transfer a suit after finding the trial court lacked jurisdiction. The only proper order is to strike out the suit. The appellate court’s powers are defined by statute—transfer is not among them in this context. Striking out terminates the proceedings without prejudice to the parties’ right to commence afresh in the proper court. Transfer would improperly assume jurisdiction that does not exist. The court cannot create jurisdiction by transferring. The principle respects the limits of appellate authority. Courts must confine themselves to orders expressly or impliedly authorized by law. Striking out is the only correct disposition.