CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
S. KAWU JUSTICE, SUPREME COURT
S.M.A. BELGORE JUSTICE, SUPREME COURT
P. NNAEMEKA-AGU JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
PARTIES
ALHAJI HASHIMU GARBA MATARI & ORS
APPELLANTS
AHMADU DANGALADIMA & ANOR
RESPONDENTS
AREA(S) OF LAW
LAND LAW-OWNERSHIP OF LAND, JURISDICTION -APPEAL
SUMMARY OF FACTS
The predecessor of the respondents brought an action against the six appellants in the Area Court Soba, for the return of his father’s farmland situate at Matari in the Soba District of the then Zaria Local Government Area at the Zaria City Area Court No 1.
HELD
The court held that the Zaria City Area Court No. I which has jurisdiction only within the Zaria Local Government Area, is not competent to adjudicate in respect of this land in dispute which is in Matari and under the Soba Local Government – Area
ISSUES
RATIONES DECIDENDI
DECISION OF COURT REACHED WITHOUT JURISDICTION
The issue of jurisdiction is without doubt, fundamental and decisive of the question of adjudication. It is well settled that the decision of any court reached without jurisdiction is void ab initio and the decision is of no effect. Per Karibi-Whyte JSC
ISSUE OF JURISDICTION CAN BE RAISED AT ANY TIME IN THE PROCEEDINGS
The point of law raised being an issue of jurisdiction can be raised at any stage of the trial including on appeal. Per Karibi-Whyte JSC
CASES CITED
1. Adeigbe v. Kushimo (1965) 1 All NLR.248
2. Madukolu v. Nkemdilim (1962) 2 SCNLR 341, (1962) 1 All NLR 584.
3. UAC Ltd. v. Mcfoy (1961) 3 All ER 1169
4. Mobil Oil (Nig.) Ltd. v. F.B.I.R (1977) 3 S.C 97.
5. University of Ibadan v. Adamolekun (1967) 1 All N.L.R. 213.
6. Nabham v. Nabham (1967) 1 All NLR 47
7. Ogunmade v. Fadairo (1972) 8-9 SC. 1
8. Tukur v. Government of Gongola State (1989) 4 NWLR (Pt. 117) 517
9. N.R.C. V. Holloway (1965) NMLR 237.
STATUTES REFERRED TO
1. Area Courts Edict 1967
2. The Area Court (Jurisdiction) Notice 1977.