May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 01014 In the Supreme Court of Nigeria Fri Apr 30, 2010 Suit Number: SC.229/2004 CORAM MUHAMMADU S. MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT PARTIES […]
CORAM
MUHAMMADU S. MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT
PARTIES
1. JOSIAH AYODELE ADATAYO
2. Ms. FOLUKE IBIDAYO-OBE3. MR. NURU ARUWA (For themselves and on behalf of other landowners at Yakoyo Ojudu Village)
PLAINTIFF(S) / RESPONDENT(S)
KUNLE ADEMOLA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants sued the respondents over land but the defendants challenged the jurisdiction of the court, but it was overruled by the trial court, which decision he appealed to the court of appeal
HELD
Appeal was dismissed
ISSUES
1. What calls for determination in this appeal, is the true interpretation of Section 251 (1) (r) and (s) of the Constitution of the Federal Republic of Nigeria, 1999 and therefore, whether the court below, was right in its said decision.?
RATIONES DECIDENDI
STATUTES DETERMINE JURISDICTION OF COURT.
“The jurisdiction of any Court is derived from the statute creating the Court or from any other statute specifically conferring such jurisdiction on the Court.” Per MOHAMMED J.S.C
JURISDICTION DETERMINES COMPETENCE OF COURT.
“The question of jurisdiction strikes at the root of any cause or matter and consequently raises the issue of competence of the Court to adjudicate in the particular proceedings”. Per MOHAMMED J.S.C
STATEMENT OF CLAIM DETERMINES JURISDICTION OF COURT.
“In cases initiated by Writ of Summons and statement of claim such as the present case, the jurisdiction of the Court is determined by the Plaintiffs statement of claim”. Per MOHAMMED J.S.C
JURISDICTION OF COURTS ON LAND.
“The State High Court has exclusive jurisdiction over lands in Urban Areas by virtue of Section 39(1) of the Land Use Act, that Court shares jurisdiction with only the Area Courts and Customary Courts”. Per MOHAMMED J.S.C
WHERE THE WORDS OF A STATUTE ARE CLEAR .
“In the interpretation of statutes, where the words are clear and unambiguous, in their ordinary meaning, effect must be given to them”. Per OGBUAGU, JSC
COURTS DERIVE THEIR POWER FROM STATUTES OR CONSTITUTION.
“All the courts in this country, derive their powers and jurisdiction in particular, by either statute or Constitution.” Per OGBUAGU, JSC
CASES CITED
1. Adeyemi v. Opeyori (1976) 9 – 10 S.C. 31 at 51,
2. Tukur v. Government of Gongola State (1989) 4 N.W.L.R. (Pt. 117) 517
3. Orthopaedic Hospital Management Board v. Garba (2002) 14 N.W.L.R. (pt. 788) 538 at 563.
4. Madukolu & Ors. v. Nkemdilim & Ors, (1962) 2 S.C.N.L.R. 341
5. Skenconsult (Nigeria) Ltd. V. Ukey (1981) 1 S.C.6.
6. Alhaji Nuhu v. Alhaji Ogele (2003)18 NWLR (Pt. 852) 251; (2003) 12 SCNJ. 158 @ 173.
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 1992.
2. Land Use Act