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G. & C. LINES & ORS. V. HENGRACE NIGERIA LTD. & ORS

(2001) JELR 33178 (SC)

Supreme Court  •  SC.214/2000  •  9 Jul 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

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 s…

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