CORAM
COKER JUSTICE, SUPREME COURT
FATAYI-WILLIAM JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
EMOGHERE ONOGITEREEMEVBIE OKODUOGHUVBU ONOGITERE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs claim that as descendants of Ogun and in accordance with Okpe Native Law and Custom they are the owners of a piece of land situate in Benin City. The defendants claim that the land in dispute belonged to them as members of the Ughwe and Erhiemu families of Effurum.
HELD
The Court held that the appeal fails and it is dismissed.
ISSUES
Whether the issue of jurisdiction having been raised earlier and overruled can be raised again.
RATIONES DECIDENDI
JURISDICTION IN RESPECT OF LAND MATTERS
“All suits relating to land, or any mortgage or charge thereon, or any other interest therein, or for any injuries thereto, and also all actions relating to personal property, distrained or seized for any cause, shall be commenced and determined in the Judicial Division in which the land is situated, or the distress or seizure took place.” SOWEMIMO, JSC.
CASES CITED
Onwundu v. Osademe, SC.241/67
Ekpere v. Chief Oforinu, SC. 338/69
Dada v. Ogunremi (1967) NMLR 181.
Michael Onayemi v. Olatunji Okunubi & Anor. (1966) NMLR 50
STATUTES REFERRED TO