AKINYEDE AND OTHERS VS OPERE AND OTHERS
August 29, 2025JIMOH AILERU AND OTHERS VS ADEMUOYE
August 29, 2025Legalpedia Citation: (1967-12) Legalpedia 04958 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Dec 1, 1967
Suit Number: SC.538/1965
CORAM
BRETT JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
PARTIES
KARIMU IGE
APPELLANTS
ABRAHAM OBIWALE
RESPONDENTS
AREA(S) OF LAW
APPEAL – COURT-JURISDICTION
SUMMARY OF FACTS
The Grade B Customary Court dismissed the claim and counter claim of the parties to the land in dispute. An appeal was filed at the High court at which time appeals lied to the magistrate court from the decisions of Grade B customary court.
HELD
The court held that the High had no jurisdiction to entertain the appeal and that the decision of the customary court subsists.
ISSUES
Whether the High Court had jurisdiction to entertain the appeal.
RATIONES DECIDENDI
APPEALS FROM CUSTOMARY COURTS
‘An appeal lies to the magistrate’s court from the Grade B Customary.’ Per Coker J.S.C
CASES CITED
Kweku Nunsin v. Bankamo Stool Per Kwabena Adade Peminasthene Kofi Tufour 8 W.A.C.A. 195
STATUTES REFERRED TO
The Customary Courts (Amendment) Law, 1964