JURISDICTION ā Jurisdictional Error ā Proper Order Where Court Lacks Jurisdiction Is to Strike Out
Principle Statement
Where a court holds that it has no jurisdiction, the proper order to make is to strike out the suit or proceeding. It does not transfer and cannot transfer.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Fasakin Foods Nig Ltd v. Shosanya (2006) NLC-123-312-2001(SC) at p. 11; Paras CāD.
"It has long been settled in a number of decided cases, that where a court holds that it has no jurisdiction, the proper order to make, is to strike out the suit or proceeding. It does not transfer and cannot transfer."
Explanation / Scope
The proper order for lack of jurisdiction is striking out, not transfer. The principle applies to civil procedure.
