LEGAL PRINCIPLE: JURISDICTION – Transfer of Suit – Proper Order Where Trial Court Lacks Jurisdiction is to Strike Out, Not Transfer
PRINCIPLE STATEMENT
It is now argued that since the High Court of Lagos State had no jurisdiction and the ruling of the High Court had been set aside, the suit should have been struck out. There is merit in the appeal.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at p. 2; Paras B–D.
"It is now argued that since the High Court of Lagos State had no jurisdiction and the ruling of the High Court had been set aside, the suit should have been struck out. There is merit in the appeal."
EXPLANATION / SCOPE
When a trial court lacks jurisdiction, the proper order on appeal is to strike out the suit—not transfer it. The trial court’s ruling is set aside as a nullity. Striking out is the correct remedy because the proceedings were void from inception. Transfer would be an inappropriate attempt to salvage proceedings that never had legal foundation. The appeal has merit where the lower court transferred instead of striking out. The parties are not prejudiced—they may commence fresh proceedings in the proper court. Striking out leaves the matter open for re-litigation in the correct forum. Transfer would erroneously imply the original court had some authority.