ALHAJI HARUNA KASSIM VS HERMANN EBERT
September 2, 2025JOSHUA ADEKANBI VS ATTORNEY.GENERAL OF WESTERN NIGERIA
September 2, 2025Legalpedia Citation: (1966-02) Legalpedia 33182 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Feb 11, 1966
Suit Number: SC 24/1964
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
BISI SADIKU ALESE
APPELLANTS
IBITOYI SAROMI
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- APPEAL
SUMMARY OF FACTS
This is an appeal against the decision of Delumo J. in the High Court of Western Nigeria striking out an appeal for want of jurisdiction. The claim was brought in the Ijebu-Ode Grade C Customary Court, and after alleging that the defendant had encroached on a piece of land belonging to him, the plaintiff claimed “declaration of title to that piece or parcel of the land encroached upon by the defendant valued £20”, and £30 damages for trespass.
HELD
That there was no counter-affidavit and in our view the appeal to the High Court was shown to be properly before that court.
ISSUES
Whether the court below was right when it held that the subject matter cannot be anything else but the land in respect of which declaration of title is claimed
RATIONES DECIDENDI
WHEN AN APPEAL WILL BE ENTERTAINED
‘It is the value to the appellant that the court has to consider in deciding whether the subject matter is of sufficient value for an appeal to lie.’ -Per Brett, J.S.C.
CASES CITED
Lakhamshi and Bros. v. Furniture Workshop [1954] A.C. 80
STATUTES REFERRED TO
Not Available
