LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Lack of Jurisdiction — Proper Order to Make
PRINCIPLE STATEMENT
Where a court lacks jurisdiction, the proper order to make is striking out of the action and not dismissing the same.
RATIO DECIDENDI (SOURCE)
Per Niki Tobi, JSC, in Okolo & Anor v. UBN Ltd (2004) NLC-1611998(SC) at p. 8; Paras A–B.
"Where a court lacks jurisdiction, the proper order to make is striking out of the action and not dismissing same."
EXPLANATION / SCOPE
When a court lacks jurisdiction, the proper order is to strike out, not dismiss, the action. Striking out allows the plaintiff to commence afresh in a court with jurisdiction. The principle applies to all civil proceedings. Dismissal would be a final adjudication on the merits. Striking out is a procedural termination without prejudice. The rule preserves the plaintiff’s right to re-litigate in the proper court.
