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 trial court is found to lack jurisdiction, the Court of Appeal has no power to transfer the matter to another court. The only proper order is to strike out the suit. A transfer order made in such circumstances is a nullity. The Court of Appeal cannot cure a jurisdictional defect by directing transfer to a court that would have jurisdiction. The plaintiff must file afresh in the correct court. The principle ensures that appellate courts do not exceed their statutory powers. Transfer is not an available remedy for lack of jurisdiction. The nullity of the original proceedings cannot be remedied by transfer. The appellate court must strike out, not transfer.