Legalpedia Citation: (2014) Legalpedia (CA) 37155

In the Court of Appeal

Fri Dec 5, 2014

Suit Number: CA/L/1238/2010

CORAM

PARTIES

REGISTERED TRUSTEES OF UNITED AFRICAN METHODIST CHURCH   APPELLANTS

KENNETH ENEMUO RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

In the High Court, the Claimant/Respondent sought a declaration that he was the rightful owner and entitled to statutory right of occupancy of a parcel of land, perpetual injunction restraining the Defendant/ Appellant from committing further acts of trespass on the land, possession of the said land and the sum of N320, 000.00 being special and general damages for trespass and destruction of the Claimant’s concrete block fence over the land. It was the Respondent’s case that the land in dispute is a family land which was partitioned into plots identified as A-I. By Deed of Conveyance dated 10th March 1978 and registered as 16/16/1708 at the Lands Registry Lagos State, the accredited Legal Representatives of the Lowa Family granted the Respondent’s Predecessor-in-title the plot known as Plot F in the large parcel of land belonging to the Lowa Family. Thereafter the Respondent’s predecessor – in- title transferred her rights and interest in the said Plot to the Respondent who proceeded to fence the plot which was subsequently pulled down and destroyed by the Appellant. The Appellant on the other hand contended that he purchased the same piece of land from the accredited Representatives of Lowa Family of Ikorodu and that it had been using the land in dispute since 1981 until 2001 when the Respondent began to lay claim to it. At the conclusion of the trial, the trial judge entered judgment partially in favour of the Claimant/Respondent by granting all the relief sought but refused to grant the claim for special damages and cost of the action. Being dissatisfied with the judgment, the Appellant has appealed to this court and raised a preliminary objection that the lower court had no jurisdiction to entertain the suit.

HELD

Preliminary Objection succeeds, Appeal Allowed

ISSUES

RATIONES DECIDENDI

SIGNING PROCESSES OF COURT – ONLY A REGISTERED LEGAL PRACTITIONER CAN SIGN PROCESSES OF COURT

“The law is settled that only a registered Legal Practitioner can sign processes before a court of law: Okafor v Nweke (2007) 10 NWLR (Pt 1042) 521 and N.N.B Plc, v Denclag Ltd (2005) 4 NWLR (Pt 916) 549 &502-503 F-B”. PER C.E. IYIZOBA, JCA

JURISDICTION – THERE MUST BE JURISDICTION BEFORE ADJUDICATION

“There must be jurisdiction before adjudication – Madukolu V. Nkemdilim (1962) 1 All NLR. 587”. PER R.N. PEMU, JCA

JURISDICTION – DETERMINATION OF JURISDICTION

“To determine whether a Court is clothed with jurisdiction to adjudicate over a matter, the Courts have always applied the golden rule as encapsulated in the time -honoured dictum of Madukolu v Nkemdilim (1962) 2 SCNLR 341 to the effect that a court is competent when:
(a) it is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; and
(b) the subject-matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction; and
(c) the case comes before the court initiated by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction.
Where all the three conditions listed above for the exercise of jurisdiction co exist, a Court is said to have competence and jurisdiction. However any defect in competence would be fatal as the proceedings are a nullity however well conducted and decided: See Chevron (Nig.) Ltd. v. Warri North L.G.C. (2003)5 NWLR (Pt 812) 28 0 44 B-E; Adigun v. Osaka (2003) 5
NWLR (Pt 812) 95 @ 131 B-E. 134 B-C .” PER C.E. IYIZOBA, JCA

JURISDICTION – A COURT WOULD NOT BE CLOTH WITH JURISDICTION TO ADJUDICATE ON A MATTER IF THERE IS A FEATURE THAT DENIES IT JURISDICTION

“A Court of law would not be clothed with Jurisdiction in whatever form, to adjudicate upon a matter, if there is a feature of the case that denies it jurisdiction – Kotoye V. Saraki (1994) 7 NWLR (Pt. 357) 414”. PER R.N. PEMU, JCA

ISSUE OF JURISDICTION – AN ISSUE OF JURISDICTION CAN BE RAISED AT ANY STAGE OF THE PROCEEDINGS

“An issue of jurisdiction is fundamental to adjudication and can be raised at any stage of the proceedings, even in the Supreme Court for the first time.” PER C.E. IYIZOBA, JCA

CASES CITED

STATUTES REFERRED TO

1. High Court of Lagos State (Civil Procedure) Rules 1994

2. Legal Practitioners Act as amended, Cap L11, Laws of the Federation of Nigeria 2004

 

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