LEGAL PRINCIPLE: APPELLATE PRACTICE — Appellate Court Finding Lack of Jurisdiction — Proper Order
PRINCIPLE STATEMENT
Where an appellate court finds that a lower court had no jurisdiction to try a case, the proper order is to allow the appeal, strike out the case, and declare the whole proceedings a nullity ab initio.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Lakanmi v. Adene & Ors (2003) NLC-251999(SC) at p. 4; Paras D–E.
"Where an appellate court, as in this case, is satisfied that a lower court which tried a case has no jurisdiction to try the case which came to it on appeal, the proper order the appellate court should make is to allow the appeal, strike out the case before that lower court and declare the whole proceedings a nullity ab initio."
EXPLANATION / SCOPE
Lack of jurisdiction in the trial court renders proceedings null and void. The principle applies to appellate practice. The appellate court must declare the nullity. The rule is fundamental. The court will strike out the case. The principle is well-established.