Legalpedia Citation: (2009) Legalpedia (SC) 11719
In the Supreme Court of Nigeria
Fri Jun 19, 2009
Suit Number: SC. 205/2002
CORAM
UTHMAN MOHAMMED JUSTICE, SUPREME COURT
PARTIES
1. JUMANG SHELIM
2. YOHANA JUMANG
APPELLANTS
FWENDIM GOBANG
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent as plaintiff sued the appellant for entering into his land without authority. The trial court in addition to hearing the evidence adduced visited the locus inquo. The trial court granted title to the respondent. The appellant appealed and filed an application to argue additional grounds of appeal which was granted by only two judges at the Court of Appeal. The appellant has appealed.
HELD
Appeal dismissed
ISSUES
“( i) Whether the grounds of appeal filed by the respondent then appellant at Court of Appeal raised issue(s) of customary law and are therefore competent grounds.
(ii) If the grounds of appeal especially ground 5 of the amended Notice and grounds of Appeal do not raise customary issues(s) does the Court of Appeal have the jurisdiction to hear the appeal and on the strength of ground 5 reverse the decision of the Customary Court of Appeal in view of Section 224(1) of the 1979 Constitution and Section 282( 1) of the 1999 Constitution?”
RATIONES DECIDENDI
IMPORTANCE OF JURISDICTION
Issue of jurisdiction is very paramount and crucial. It can be raised at any stage of the proceedings and even on appeal before this court. Per FABIYI, JSC
APPEAL AGAINST THE DECISION OF A CUSTOMARY COURT OF APPEAL
An appeal against the decision of a Customary Court of Appeal on the ground that it lacked jurisdiction for reason of inadequate Coram is cognisable before the court below. Per FABIYI, JSC
IMPORTANCE OF JURISDICTION
Where there is no jurisdiction to hear and determine a matter, everything done in such want of jurisdiction is a nullity. Per FABIYI, JSC
CORAM OF THE CUSTOMARY COURT OF APPEAL
As at 18th February, 1994, the Coram of the Customary Court of Appeal with two judges became deficient and incompetent sequel to the amendment of section 248 of the 1979 constitution by Decree 107 of 1993. Per FABIYI, JSC
CASES CITED
1. Mustapha v. Governor of Lagos State (1987)
2 NWLR (Pt. 58) 539; 2. Utih v. Onoyivwe (1991) 1 NWLR (Pt. 166) at 206.
3. State v Onagoruwa (1992) 2 NWLR (Pt. 221) 33
STATUTES REFERRED TO
1979 Constitution as amended by Decree No. 107 of 1993