CORAM
EMMANUEL OLAYINKA AYOOLA JUSTICE OF THE SUPREME COURT OF NIGERIA
ANTHONY lKECHUKWU IGUH, JUSTICE, SUPREME COURT
PARTIES
JOSEPH OHAI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sued the respondent in the Isele-Uku District Customary Court for a declaration of title to land situate in Idumu-Etiti Agba Quarters, Onicha-Olona. There was also a claim for injunction to restrain acts of trespass by the defendant.
HELD
The court held that the Court of Appeal had no jurisdiction to entertain the appeal filed by the defendant/Respondent from the judgment of the Customary Court of Appeal of the then Bendel State and accordingly allowed the appeal
ISSUES
Whether the Court of Appeal had jurisdiction to entertain the defendant’s appeal from the judgment of the Customary Court of Appeal
RATIONES DECIDENDI
CASES CITED
Zaidan, K.v. Mohssen. F.H. (1973) NSC. Page 1 at 21The Queen: Exparte Laniyan Ojo v. Governor-in-Council Western Region (1962) All NLR 149 at 154Gabriel Madukolu and Ors. V. Johnson Nkemdilim (1962) All NLR 581 at 590.
STATUTES REFERRED TO
1979 ConstitutionSheriffs and Civil Processes Law Cap. 407 Laws of the FederationCustomary Courts Edict of Bendel State 1984