IBEAKANMO UGWAJIOFO & ANOR VS MONAGO ONYEKAGBU
September 4, 2025ADEBOWALE ALONGE VS THE ATTORNEY GENERAL, WESTERN NIGERIA
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 09778 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Apr 3, 1964
Suit Number: SC 73/1963
CORAM
TAYLOR JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
LAWANI ADOGAN
APPELLANTS
AFUWAPE AINA
RESPONDENTS
AREA(S) OF LAW
APPEAL-STRIKING OUT
SUMMARY OF FACTS
The Appellants appeal was struck out at the court below on the ground that the subject matter was not of the value of fifty pounds or upwards
HELD
The Court held that the judgments of the Ikorodu Grade C Customary Court and the Ikeja Grade B Customary Court in the same cause are set aside as the Grade C Customary Court has no jurisdiction to try the matter and ordered that the cause be struck out.
ISSUES
Whether the subject matter is of the value of 50 pounds or upwards
Whether the Grade C Customary court had jurisdiction to try the matter.
RATIONES DECIDENDI
ON WHAT IS TO BE CONSIDERED IN DECIDING WHAT THE SUBJECT MATTER OF A PROCEEDING IS
‘The decision of the Court of Appeal in Studham v. Stainbridge [18951 1 Q.B. 870 is authority for looking at the substance rather than the form in deciding what the subject matter of proceedings is, and in our view a further test is to consider what a judgment will be held to have decided for the purpose of a plea of estoppel’- BRETT, J.S.C
CASES CITED
Oluwo V Adebowale (1959) 4FCS 143
Lakhamshi V Furniture Workshop (1954) A.C 80
Studham V Stainbridge (1895) 1 Q.B 875
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Evidence Act
