C. A. OPUTA, JSC (Delivering the Leading Judgment): This appeal is important but from a negative angle. Its importance does not lie on what it will decide for it is not going to decide anything new anyway. Rather it is a typical example of an appeal which should not have been pursued through the entire gamut of our hierarchy of Courts - from the Customary Court to the High Court, then to the Court of Appeal and finally to the Supreme Court. It is true that Section 213 of the 1979 Constitution, as amended, created the right of appeal from the Court of Appeal to this Court but care should be taken not to abuse that right. There should therefore be some sort of control over the exercise of this right otherwise this Court will be inundated, as is now being done, with a deluge of appeals which should not in all honesty have been allowed to come before the country's final Court of last resort. We complain of congestion in our Courts and yet we cause that congestion, especially in our appell…
ALADE
V.
ALEMULOKE & ORS.
(1988) JELR 42759 (SC)
Supreme Court 5 Feb 1988 Nigeria
BriefBot Summary
- The appellants challenged the jurisdiction of the Ibadan City No. 1 Grade "A" Customary Court in a land dispute and raised defences of laches, acquiescence, and standing-by; the plaintiffs/respondents claimed declaration of title, damages
Case Details
Suit Number:SC.43/1985
Judges:AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Otunba Adesina Odedina For Appellant
M. A. O. Okusaga For Respondent
Other Citations:Alade v. Alemuloke (1988) NWLR (Pt.69)207 (1988) 2 S.C 1
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