G And C Lines V Hengrace Nigeria Ltd (2001)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE J.S.C. 

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.

SC.214/2000