CORAM

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ABUBAKAR BASHIR WALI , JUSTICE, SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE , JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH , JUSTICE, SUPREME COURT

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT.

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PARTIES

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1. DEACON J.K. OSHATOBA 2. CHIEF ONI OSALEKE. APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellants were sued by the respondents at the Upper Area Court over ownership of a parcel of land. The court found for the plaintiff/respondent and same was affirmed by the Court of Appeal on appeal. The appellant now seeks to challenge the jurisdiction of the Upper Area Court for the first time at the supreme court.

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HELD

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The court held that though the issue of jurisdiction may be raised for the first time on appeal, failure of the appellants to obtain leave before raising same makes such issue liable to be struck out. ?

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ISSUES

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(i) Whether the Upper Area Court has  jurisdiction to adjudicate on an inter-  tribal boundary dispute. (ii) Whether the lower court was right in dismissing the appellants’ cross-appeal at all and without considering grounds 1 and 3 of same.  (iii) Considering the totality of tile evidence adduced before the trial Upper  Area Court and the proceeding before the Appellate High Court, whether the lower court was right by reversing the judgment of the High Court and restoring that of the trial Upper Area Court.”?

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RATIONES DECIDENDI

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ISSUE OF JURISDICTION MAY BE RAISED FOR THE FIRST TIME AT THE SUPREME COURT

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“There can be no doubt that the question of jurisdiction, being radically fundamental, can be raised at any stage of a proceeding and even for the first time in a court of last resort, such as the Supreme Court.. Such an issue must, however, be properly raised before the court may rightly entertain the point”…IGUH JSC

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CONCURRENT FINDINGS OF FACTS OF LOWER COURTS WILL NOT BE SET ASIDE EXCEPT WHERE IT IS PERVERSE

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“It is trite law that an appellate court will not ordinarily interfere with the findings of fact of a trial court except in circumstances such as where the trial court has not made a proper use of the opportunity of seeing and hearing the witnesses or where it has drawn wrong conclusions from accepted credible evidence or has taken an erroneous view of the evidence adduced before it or its findings of fact are perverse and do not flow from the evidence accepted by it.” …IGUH JSC

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FAILURE TO OBTAIN LEAVE WHERE NEW ISSUES ARE TO BE RAISED WILL MAKE SUCH ISSUES LIABLE TO BE STRUCK OUT

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“It is trite law that failure to obtain the leave of court, where necessary, to file a particular ground of appeal upon which an issue is raised for the resolution of the court renders both such grounds of appeal and the issue so formulated therefrom incompetent” …IGUH JSC

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CASES CITED

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1. London Chartered Bank of Australia v. White (1987) 4 A.C. 413, 2. Kabaka’s Government & Anor v. Attorney-General of Uganda & Anor. (1965) 3 WLR. 512 or (1966) AC.1. ?

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STATUTES REFERRED TO

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Kwara State Area Courts Law, 1967.

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