Core Terms Beta
high court
appeal
customary court of appeal
jurisdiction
court of appeal
supervisory jurisdiction
2nd respondent
edo state
1st respondent
lower court
ordinate jurisdiction
constitution of the federal republic of nigeria
act of the national assembly
civil proceedings
provisions of section
cross-appeal
decisions of the customary court of appeal
learned trial judge
right of appeal
trial court
lack of jurisdiction
political party
denial of fair hearing
judgment of the customary court of appeal
such jurisdiction
decision of the court of appeal
said judgment of the customary court of appeal
suit no. b
additional ground of appeal
appellate customary court
court of appeal of the decision
entire ruling of the high court
esan south east area customary court
jurisdiction of the customary court of appeal
jurisdiction of the high court edo state
jurisdiction of the trial area
leading judgment
leave of this court
matter raising question of fair hearing
native law
part of the judgment of the court appeal
part of the lower court
part of the trial court
refusal of the trial court
said ruling of the trial court
see sken consult
set aside ex debito justitiae
substance of the appeal
substantive case
MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against a part of the judgment of the Court Appeal, Benin Division delivered on the 24th day of May, 2006 which the lower Court held that the trial Court was biased in ruling delivered in Suit No. B/I63/05/2003 on the 26th January 2004.
Dissatisfied with the said ruling of the trial Court, the appellant appealed to the Court of Appeal which upheld the trial Court's ruling that it had jurisdiction to hear and determine the 1st respondent originating summons but allowed the appeal on the ground that the learned trial Judge was biased.
Also aggrieved by the part of the lower Court's judgment the 1st respondent has cross-appealed with the leave of this Court granted on the 22nd June, 2009.
Facts briefly stated:
On 20th September, 2001, the 1st respondent (as plaintiff) filed Suit No. UBACC/26/2001 against the 2nd respondent at the Esan South East Area Customary Court, Ubiaja, for the dissolution of marriage.
S…
