I agree with the learned counsel for the 1st to 5th Appellants, that sometimes, it is advisable for the court below, to express an opinion on the substantive issue even when it holds that it lacks jurisdiction.
– I.F. Ogbuagu JSC. Osunbade v. Oyewunmi (2007) – SC.79/2002
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The Apex Court held in the case of Panalpina World Transport (Nig.) Ltd. v. J. B. Oladeen International and Ors. (2010) 19 NWLR (Pt. 1226) 1 at 20 per the lead judgment of Adekeye, JSC, (as he was) that when a matter is struck out it is still alive and kept in the court’s general cause list and that – “When an order is made in respect of an application not heard on the merits, it amounts to striking out simpliciter. Even where an order of dismissal is made following a hearing which is not based on the merits, such order is still considered in law a mere striking out. When a matter is struck out in such circumstances, there is liberty to relist. The simple explanation is that while the matter is discontinued from that date, it is still alive and kept in the court’s general cause list and can be brought back to the hearing cause list.
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