LEGAL PRINCIPLE: JURISDICTION – Power of Court of Appeal to Transfer Suit – Court of Appeal’s Powers Where Trial Court Lacks Jurisdiction
PRINCIPLE STATEMENT
I cannot see that the lower court has power to do that. Having found that the action was filed in a court which has no jurisdiction, the lower court ought to have struck out the suit.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at pp. 1–2; Paras F–A.
"I cannot see that the lower court has power to do that. Having found that the action was filed in a court which has no jurisdiction, the lower court ought to have struck out the suit."
EXPLANATION / SCOPE
The Court of Appeal has no power to transfer a suit when the trial court lacked jurisdiction. The only proper order is to strike out the suit. The Court of Appeal’s powers do not extend to curing jurisdictional defects by transfer. Striking out leaves the parties in the position they were before the suit was filed. The plaintiff may then file afresh in the proper court. The principle prevents appellate courts from exceeding their statutory authority. The absence of transfer power is deliberate—jurisdiction must be invoked correctly from the outset. The appellate court cannot redirect a nullity. The proper course is termination, not salvage.