CIVIL PROCEDURE — Lack of Jurisdiction — Proper Order Where Court Lacks Jurisdiction is to Strike Out, Not Dismiss
Principle Statement
Where a court finds out and holds that it has no jurisdiction to entertain and determine a case, it does not dismiss the action, but to strike it out.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Adetayo & Ors v. Ademola & Ors (2010) NLC-123-229-2004(SC) at p. 20; Paras A–C.
"Where a court finds out and holds that it has no jurisdiction to entertain and determine a case, it does not dismiss the action, but to strike it out."
Explanation / Scope
This principle establishes that where a court lacks jurisdiction, the proper order is to strike out, not dismiss, the action. The principle applies where jurisdiction is lacking. It ensures that the plaintiff can re-file in the correct court. The principle reflects that striking out does not bar re-filing. It prevents dismissal from being a bar to future proceedings. The court must make the correct order. The principle provides guidance on the proper order for lack of jurisdiction.
