EDET ASUQUO BASSEY VS THE STATE
May 28, 2025ILIYA AKWAI LAGGA V AUDI YUSUF SARHUNA
May 28, 2025Legalpedia Citation: (2008-06) Legalpedia (SC) 01017
In the Supreme Court of Nigeria
Fri Jun 27, 2008
Suit Number: SC. 219/2002
CORAM
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
ELIAS CHIEF, JUSTICE, NIGERIA
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
PARTIES
JOYLAND APPELLANT(S) / RESPONDENT(S) / APPELLANT (S)
WEMABOD ESTATES LTD
RESPONDENT/APPELLANT/RESPONDENT
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant filed an exparte motion before the Lagos High Court to apply for an order of certiorari to remove into this Honourable Court for the purpose of being quashed the proceedings, decisions, judgment of Mr. Isaac, Learned Senior Magistrate Grade 1 made on 24/10/96 in a Civil Suit No MCA/1694/96, including warrant of possession dated 6th November, 1996, plus an Order made by Mr. Abogodo Learned Chief Magistrate Court II on 3rd January, 1997 at Apapa Chief Magistrate Court I on the grounds that the Court lacked jurisdiction to entertain the Suit.
HELD
APPEAL DISMISSED
ISSUES
1. Whether the Court below was right in setting aside the ruling of High Court of Lagos State that quashed the judgment of a Senior Magistrate Grade 1 in want of jurisdiction?
2. Whether the Court below was right in holding that in the recovery of premises in Lagos State the first document that comes into force is Form F (i.e. the plaint to the tenant refusing to deliver possession).Having regard to the fact that Court below relied on abandoned ground of appeal in its judgment, whether it was right in holding that the Respondent’s issue 2 at the Court below was competent?
RATIONES DECIDENDI
JURISDICTION OF MAGISTRATE COURT
“Senior Magistrate Grade I and 2 and Magistrate Grade 1, 2, 3 shall have and exercise jurisdiction in civil causes set out in sub-Section 3 save that subsection (1) shall have effect as if for the references therein to Twenty-five thousand naira that were substituted” PER MUNTAKA-COOMASSIE, J.S.C
DIFFERENCE BETWEEN MESNE PROFIT AND ARREARS OF RENT
“I think there is no much difference between Mesne profit and arrears of rent, the former are only calculated monthly or yearly. It is also in liquidated while a claim of rent is liquidated already” PER MUNTAKA-COOMASSIE, J.S.C
CASES CITED
NONE
STATUTES REFERRED TO
Section 17 (4A) of Magistrate courts law
