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BABALOLA
V.
OBAOKU-OTE & ANOR

(2004) JELR 45053 (CA)

Court of Appeal 16 Jul 2004 Nigeria
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Case Details

Suit Number:CA/I/96/2000
Judges: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
Counsel:Chief Dele Awoniyi For Appellant O.O. Ojutalayo, Esq.;A.O. Daudu, Esq.) For Respondent
Other Citations:(2005) 8 NWLR (Pt. 927) 386, Babalola v. Obaolm-Ote (2005) 8 NWLR (Pt.927)386

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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