G AND C LINES V HENGRACE NIGERIA LTD
(2001) LCN/2965(SC)
In the Supreme Court of Nigeria
Monday, July 9, 2001
Case Number: SC.214/2000
RATIO
JURISDICTION: WHETHER THE STATE HIGH COURT HAS JURISDICTION OVER ADMIRALTY MATTERS
The Lagos High Court has no jurisdiction in Admiralty Matters and Court of Appeal said so clearly in setting aside the Ruling of Lagos High Court; but it went ahead to transfer the matter to Federal High Court without stating the authority it relied upon. PER. M. A. BELGORE J.S.C.
JURISDICTION: WHETHER THE COURT OF APPEAL CAN TRANSFER A MATTER WITH NO REQUISITE JURISDICTION
The Court of Appeal has no power of transfer in this matter (See Oloriode v. Oyebi) (1984) 1 S.C.N.L.R. 390 Ojora v. Odunsi (1964) 1 All N.L.R. 55. Anon Lodge Hotels Ltd. v. Mercantile Bank Nigeria Ltd. (1993) 3 NWLR (Pt.284) 721. PER. I. L. KUTIGI, J.S.C.
JUSTICES:
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Between
G & C. LINES & ORS Appellant(s)
AND
HENGRACE NIGERIA LTD. & ORS Respondent(s)
M. A. BELGORE J.S.C. (Delivering the Leading Judgment): This appeal has great merit. The Lagos High Court has no jurisdiction in Admiralty Matters and Court of Appeal said so clearly in setting aside the Ruling of Lagos High Court; but it went ahead to transfer the matter to Federal High Court without stating the authority it relied upon. The Lagos High Court has no jurisdiction and Court of Appeal also cannot transfer or remit to Federal High Court in the absence of any law recognizing such a transfer. All the Court of Appeal ought to have done was to strike out the entire case. Under S.22 Supreme Court Act I enter a verdict of striking out the suit which was before a court without jurisdiction. There is no order for costs.
I. L. KUTIGI, J.S.C.: 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 (See Oloriode v. Oyebi) (1984) 1 S.C.N.L.R. 390 Ojora v. Odunsi (1964) 1 All N.L.R. 55. Anon Lodge Hotels Ltd. v. Mercantile Bank Nigeria Ltd. (1993) 3 NWLR (Pt.284) 721. The appeal therefore succeeds and it is hereby allowed. An order striking out the case is hereby substituted for the one of transfer made by the Court of Appeal.
No order as to costs.
S.U. ONU, J.S.C.: The proceedings before the Lagos High Court having been set aside as a nullity, the order by the court below (Court of Appeal) transferring the matter to the Federal High Court would be a nullity and it is so declared vide Section 22 Supreme Court Act. No order as to cost.
S.O. UWAIFO, J.S.C.: The case shows that the Lagos High Court made an ex-parte order in an admiralty matter over which it has no jursidiction. The lower court, on appeal, set aside the order but made an order transferring the suit to the Federal High Court. 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. I accordingly allow this appeal. I make an order, as my learned brother, Belgore, JSC, has done, striking out the suit.
E. O. AYOOLA, J.S.C.: This appeal arose from a decision of the Court of Appeal transferring the action instituted by the plaintiff, Hengrace Nigeria Limited, to the Federal High Court after holding that the High Court of Lagos State had no jurisdiction to entertain the suit which was an admiralty matter. 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. The order of injunction is discharged since that was sought by the appellant before the High Court.
Appeal is allowed. Suit before High Court of Lagos State is struck out. Injunction by that court is made without jurisdiction and for avoidance of doubt it is discharged.
Appearances
Oluwafemi Atoyebi (with him, A. O. Olorunfemi), for the appellant. For Appellant
AND
not represented For Respondent
