LEGAL PRINCIPLE: JURISDICTION – Transfer of Suit – Proper Order Where Trial Court Lacks Jurisdiction is to Strike Out, Not Transfer
PRINCIPLE STATEMENT
It is now argued that since the High Court of Lagos State had no jurisdiction and the ruling of the High Court had been set aside, the suit should have been struck out. There is merit in the appeal.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC) at p. 2; Paras B–D.
"It is now argued that since the High Court of Lagos State had no jurisdiction and the ruling of the High Court had been set aside, the suit should have been struck out. There is merit in the appeal."
EXPLANATION / SCOPE
When the trial court lacks jurisdiction, the proper order is to strike out the suit—not transfer it. Striking out reflects that the court had no power to entertain the matter. Transfer is not available as a remedy. The appellate court must set aside any transfer order and substitute an order striking out the suit. The plaintiff is not prejudiced because they may commence a fresh action in the correct court. The principle ensures that jurisdictional limits are respected. The appellate court cannot confer jurisdiction by transfer. The suit is a nullity ab initio. Striking out is the only legally correct order.