ADEKUNLE LAYIWOLA VS BINTU AYINKE
August 29, 2025DOHERTY AND ANOTHER VS DOHERTY
August 29, 2025Legalpedia Citation: (1967-11) Legalpedia 61651 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Nov 17, 1967
Suit Number: SC 48/1966
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
AMINATU ELETU
RESPONDENTS
AREA(S) OF LAW
JURISDICTION – MAGISTRATE COURT-DAMAGES
SUMMARY OF FACTS
The appellant claimed damages for trespass and nuisance against the respondent at the magistrate court. The magistrate struck out the suit on the grounds that he had no jurisdiction because the issue of title to land was raised.
HELD
The court held that the magistrate had jurisdiction and that there was nothing to show that the issue of title to land was raised bona fide from the appellant’s claim.
ISSUES
Whether the magistrate had jurisdiction.
RATIONES DECIDENDI
THE JURISDICTION OF THE MAGISTRATE COURT IN LAND RELATED MATTERS
‘The magistrate shall not exercise original jurisdiction in any cause or matter which raises any issue as to the title to land, or to any interest in land. Although not stated expressly the proviso should be read with the qualification that the issue as to title must be raised bona fide.’Per Ademola C.J.N
CASES CITED
Oluwo and another v. Adebowale 4 F.S.C. 143 at p. 145
STATUTES REFERRED TO
The Magistrate’s Court (Lagos) Act
