CORAM

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U. OMO, JUSTICE, SUPREME COURT

SOWEMIMO, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

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PARTIES

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CHIEF KARIMU AJAGUNJEUN & ORS (For themselves and on behalf of Kesi Township Chiefs and people)

APPELLANTS 

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SOBO OSHO OF YEKU VILLAGE & ORS RESPONDENT

RESPONDENTS 

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AREA(S) OF LAW

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CIVIL PROCEDURE-PROCEEDINGS IN CUSTOMARY COURTS

 

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SUMMARY OF FACTS

The appellants and the respondents are members of the same community. The appellants alleged that the respondent increased their portion of farmland without permission and so sought to oust them from the land.

 

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HELD

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The court held that it will not be the justice in the case to oust the respondent s from the area in their possession.

 

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ISSUES

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Whether the respondents went outside the areas reserved for their lawful occupation and possession by the 1958 decisions

Whether in the circumstances of these proceedings, the proper order is one of dismissal

 

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RATIONES DECIDENDI

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DUTY OF THE HIGH COURT WHEN DEALING WITH PROCEEDINGS FROM CUSTOMARY COURTS

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“Customary Courts being a survival of the former Native Courts, the High Court in dealing with proceedings from these courts (i.e. Customary Courts), is entitled and expected to go beyond the claim as framed on the writ and ascertain from the entire evidence before that court what, precisely, are the nature and subject matter of the dispute between the parties to the action.” Per IDIGBE, JSC.

 

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CASES CITED

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AJAYI THE BALOGUN V.AINA THE OBA OF IBESE (1942)16 NLR 67

 

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STATUTES REFERRED TO

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CUSTOMARY COURT LAW CAP 1 OF VOL.11 OF THE 1958 EDITION OF THE LAWS OF WESTERN REGION

SUPREME COURT ACT NO 12 OF 1960

 

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