LEGAL PRINCIPLE: JURISDICTION – Transfer of Proceedings – Court of Appeal’s Power to Transfer Where Trial Court Lacks Jurisdiction – Nullity of Transfer Order
PRINCIPLE STATEMENT
The Court of Appeal having rightly found that the Lagos State High Court lacks the requisite jurisdiction to entertain the matter before it, has no right to have made an order transferring the matter to the Federal High Court, instead of striking out the matter. The Court of Appeal has no power of transfer in this matter.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at p. 1; Paras D–E.
"The Court of Appeal having rightly found that the Lagos State High Court lacks the requisite jurisdiction to entertain the matter before it, has no right to have made an order transferring the matter to the Federal High Court, instead of striking out the matter. The Court of Appeal has no power of transfer in this matter."
EXPLANATION / SCOPE
Once the Court of Appeal correctly determines that the trial court lacked jurisdiction, it has no power to transfer the matter to another court. The only proper order is to strike out the suit. The Court of Appeal lacks inherent or statutory transfer power in such circumstances. A transfer order made without jurisdiction is itself a nullity. The appellate court cannot remedy a jurisdictional defect by transferring—the defect is fatal and cannot be cured by change of venue. The parties must commence proceedings afresh in the proper court if they so choose. The principle prevents courts from validating void proceedings through transfer.