CORAM
D. MUSDAPHER, JUSTICE SUPREME COURT
PARTIES
1. L.O. DIKE 2. E.A. ONYIA 3. D.O. NWOSU (For themselves and on behalf of the LIVING CHRIST MISSION ONITSHA) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant appealed against the decision of the Court of Appeal which set aside an order of the trial Judge transferring a suit pending in the Magistrate Court to the High Court where a similar suit was pending between the same parties on the same subject matter.
HELD
The Court allowed the appeal holding that the lower court is not entitled to set aside the order of transfer which was made in exercise of the administrative duty of the administrative Judge.
ISSUES
Whether the Court of Appeal was right in setting aside the order made by Nwazota, J. wherein he transferred suit No. MO/660/92 from Onitsha Magistrates (sic) Court to Onitsha High Court to be consolidated with suit No. 0/390/92 and in sending suit No. MO/660/92 back to the Magistrate (sic) Court Onitsha for hearing?Whether the mere fact that a claim for an order of transfer was erroneously included in the writ of summons in Suit No. 0/390/92 pending before Ononiba, J. who. in any event, had no jurisdiction to entertain the claim, was sufficient to preclude Nwazota, J. acting as the Administrative Judge in the Onitsha Judicial Division from exercising his undoubted Jurisdiction under Order 19, rule 5(1) of the Anambra Stale High Court Rules, 1988 to make the transfer order in this case?”
RATIONES DECIDENDI
EXERCISE OF ADMINISTRATIVE POWERS OF A JUDGE
In exercising the power under Order 19 r. 5(1), it is sufficient if the administrative Judge or Chief Judge as the case may be, is satisfied that there are good reasons for the transfer. It follows therefore that having made his decision either way, it is not subject to appeal. Per A.G Karibi – White, JSC
CASES CITED
Kalu v. Odili (1992) 5 NWLR (PT 240) 130 AT 189
STATUTES REFERRED TO
1. Anambra State High Court Rules, 19882. The constitution of the Federal Republic of Nigeria, 19793. The constitution of the Federal Republic of Nigeria, 1999