CORAM

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ADEMOLA, CHIEF JUSTICE, NIGERIA

COKER, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

ADEMOLA CHIEF JUSTICE, NIGERIA

COKER JUSTICE, SUPREME COURT

IDIGBE JUSTICE, SUPREME COURT

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PARTIES

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ARNOLD NWAFIA APPELLANTS

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NWANAKUO UBUBA

RESPONDENTS 

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AREA(S) OF LAW

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Customary Law-Family status

 

 

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SUMMARY OF FACTS

This is an appeal from a judgment of the High Court of Eastern Nigeria by which the plaintiff respondent was given the right to possession and occupation of a family house together with its surrounding premises.

 

 

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HELD

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That the High Court has no original jurisdiction

 

 

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ISSUES

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Whether the trial Judge has jurisdiction to determine the claim before him?

 

 

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RATIONES DECIDENDI

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FAMILY STATUS UNDER SECTION 19 (A) OF THE CUSTOMARY COURTS LAW, OF EASTERN NIGERIA, 1956

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The question of family status among “persons” subject to the jurisdiction of customary courts, as defined in section 19 (a) of the Customary Courts Law, of Eastern Nigeria, 1956, is undoubtedly a matter which is subject to the jurisdiction of the Customary Courts of Eastern Nigeria and the High Court except in the circumstances prescribed therein, has no original jurisdiction to determine the issue-Per-Idigbe, J.S.C.

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FAMILY STATUS UNDER SECTION 19 (A) OF THE CUSTOMARY COURTS LAW, OF EASTERN NIGERIA, 1956

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‘The question of family status among “persons” subject to the jurisdiction of customary courts, as defined in section 19 (a) of the Customary Courts Law, of Eastern Nigeria, 1956, is undoubtedly a matter which is subject to the jurisdiction of the Customary Courts of Eastern Nigeria and the High Court except in the circumstances prescribed therein, has no original jurisdiction to determine the issue’-Per-Idigbe, J.S.C.

 

 

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CASES CITED

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Lasisi Odunsi v AminuOjora [1961] All N.L.R. 283

 

 

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STATUTES REFERRED TO

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The Customary Courts Law

The High Court Law

 

 

 

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