Legal Terms

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If a court does not have jurisdiction over a case, do you know that the appropriate thing to do is to *strike out* the case and not *dismiss* it.


There's a difference between *striking out a case* and *dismissing a case*
When a case is *struck out*, it is not heard at all by the court and thrown out through the judicial window.😥

However, when a case is *dismissed*, it has been heard by the court and deemed to lack merit. It is thereby resolved.

Where a case is *struck out*, it  can be re-filed for hearing, however when *dismissed*, it can only be appealed.
So, when a court lacks jurisdiction over a matter, it *strikes it out* and not *dismiss* it because a court cannot dismiss what it does not have power to enquire into.
See the case of *Hassan & Ors V. Borneo State Govt & Ors (2016) LPELR -40250(CA)*

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Liberation Chambers(OAU)


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