CORAM

---

ADEMOLA, JUSTICE SUPREME COURT

ONYEAMA, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BRETT, JUSTICE SUPREME COURT

---

PARTIES

---

APPELLANTS

---

ALICE ADEYEBI AJAKAIYE

RESPONDENTS 

---

AREA(S) OF LAW

---

LAND LAW—POSSESSION OF LAND—PRACTICE AND PROCEDURE—APPEAL (LAW OF EVIDENCE-NATIVE LAW AND CUSTOM—APPEAL)(PRACTICE AND PROCEDURE—ORDER BY COURTS—APPEAL)

 

 

---

SUMMARY OF FACTS

The plaintiff/respondent sued the defendant/appellant claiming amongst other reliefs for possession of land upon which the defendant had put up her own building being the parental land of the plaintiff. The Trial Court dismissed the application. On appeal to the Grade “A” Customary Court of Appeal the appeal was dismissed making an order for the rehearing of the matter.

 

 

---

HELD

---

1.That the claim for possession and injunction in so far as it relates to the area on the plan to the West of the path as already described by me in this Judgment is dismissed and the appeal succeeds to that extent.

2. That in so far as the case was fought out on the issue of title to the whole area edged red on the plan, the appeal fails for title is in the plaintiff.

3. As to costs in this Court and the Courts below, I would set aside the order in the High Court and order that the parties bear their costs in the Court of trial and in the High Court. That the plaintiff shall have her costs of the plan of £31-10s-0d made for the purpose of the rehearing in the Ilesha Customary Grade “A” Court. That the appellant shall have her costs in this Court assessed at 35 guineas.

 

 

---

ISSUES

---

Not Available

 

---

RATIONES DECIDENDI

---

RULES, PRACTICE & PROCEDURE- IN CUSTOMARY COURTS

---

‘Where no other provision is expressly made by the Law or by these Rules, the provisions with respect to procedure, practice and process for the time being observed in Magistrates’ Courts (except in so far as those provisions may be inconsistent with the Law or these Rules) shall be adopted and followed in Customary Courts so far as those provisions may be appropriate and with such variations as the circumstances may require. Provided that no proceeding of a Customary Court shall be deemed to be invalid by reason only of failure to comply with any such provision.’ Per TAYLOR F.J.

 

 

---

RULES, PRACTICE & PROCEDURE- IN CUSTOMARY COURTS

---

‘The Customary Court, like any other Court, is bound by its rules of practice and procedure.’ Per TAYLOR F.J.

 

 

---

RIGHT OF AN ADVERSE POSSESSORS UNDER CUSTOMARY LAW

---

That by Ijesha Customary Law such an action against a stranger who had been permitted to reside on the land and his children after him for some 80 years cannot now succeed.’ Per TAYLOR F.J.

 

 

---

CASES CITED

---

J.E. Edokpalor v. J.1. Idehen, (1961) W N.L.R. 11

 

 

---

STATUTES REFERRED TO

---

The Customary Court Rules

The Customary Courts Law, Cap. 31, Vol. 2 Laws of the Western Region of Nigeria, 1959

The Magistrates’ Courts Law, Cap. 74, Vol. 4 Laws of the Western Region of Nigeria, 1959, Part VII

The Magistrates’ Courts (Civil Procedure) Ordinance

The Magistrates’ Courts (Civil Procedure) Act, Cap. 124, Vol. 4 Laws of Nigeria, 1948

 

 

---

CLICK HERE TO READ FULL JUDGMENT