(2004) JELR 45053 (CA)    

Court of Appeal  ·  CA/I/96/2000 ·  16 Jul 2004 ·  Nigeria
Other Citations
Babalola v. Obaolm-Ote (2005) 8 NWLR (Pt.927)386
Babalola v. Obaoku-Ote (2005) 8 NWLR (Pt. 927) 386
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
land use act
land matters
customary courts
customary court
judicial power
virtue of section
ifo grade ii customary court
ogun state
high court
state legislature
customary court law
constitutional provision
customary right of occupancy
ground of appeal
issue of jurisdiction
land matter
lower court
additional grounds of appeal
court of first instance
edict of ogun state
jurisdiction of customary courts
annual rental value
annual value of the land
constitution of the federal republic of nigeria
customary court lacks jurisdiction
determination of this case
different grades of customary court
express provision of the constitution
honourable court
judgment of ifo grade ii customary court
judgment of the customary court
judgment of the high court of justice
landed property
land use decree
lawful ownership of a piece of land
leading judgment
learned counsel
learned judge of the high court
like extent
local government area
original notice of appeal
otta high court
otta judicial division
said land
virtue of the provision of section

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Ogun State, Otta Judicial Division delivered on the 7th day of July, 1999. The matter before the High Court is by itself an appeal against the judgment of Ifo Grade II Customary Court delivered on the 19th of September, 1990, in suit No. AGB/173/84. The original notice of appeal had one ground of appeal. At the time the appeal was argued, the appellant asked for leave to file and argue additional grounds of appeal on 11/4/97, which application was granted. While arguing the appeal, the learned Counsel for the appellant - Mr. O.O. Ojutalayo decided to argue ground one of the additional grounds of appeal which relates to the issue of jurisdiction. The ground of appeal reads:

Ground 1

"The lower court - Ifo Grade II Customary Court erred in law in adjudicating over a matter in which it lacks jurisdiction.

Particulars of error

(1) The Customary Court lacks jurisdiction to …

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