ERHUNMWUNSE
V.
EHANIRE

(2003) JELR 50911 (SC)    

Supreme Court  ·  SC.101/1999 ·  30 May 2003 ·  Nigeria
CORAM
MICHAEL EKUNDAYO OGUNDARE, JSC UTHMAN MOHAMMED, JSC (Read the Lead Judgment) ANTHONY IKECHUKWU IGUH, JSC DENNIS ONYEJIFE EDOZIE, JSC
Core Terms Beta
defendant
plaintiff
osagie street
claim
high court
subject of a statutory right of occupancy
area customary court
deed of transfer
oredo area customary court
claim of the plaintiff
issue of title
statutory right of occupancy
urban area
exclusive jurisdiction
land use decree
lower court
rate of n400.00
trial area customary court
jurisdiction of the area customary court
lead judgment
learned counsel
main issue
original jurisdiction
plaintiff claims
present case
respect of the said premises
single issue
will of plaintiff
anambra state v
considered judgment
court’s pronouncement
deed of transfer of the property
determination of this appeal
following finding
grace of the plaintiff
issue of rent
jurisdiction of oredo area customary court of the former bendel state
jurisdiction of this honourable court
landlord of a storey building
lands registry benin city
lands registry office benin city
loan of n22,000.00
merits of the appeal
new nigeria bank ltd.
ownership of the house
respect of proceedings
said agreement
said storey building
st. saviour road benin city
such pledge

MOHAMMED, JSC (Delivering the Lead Judgment): The question on jurisdiction of Oredo Area Customary Court of the former Bendel State to determine the claim filed by Mr. John Ehanire against Mr. Patrick Erhunwunse is the single issue raised by the appellant for the determination of this appeal. Before I go into the merits of the appeal it is pertinent to give a brief resume of the facts which led to the dispute between the parties. Mr. John Ehanire who is the respondent in this appeal, gave a brief account of what happened between him and the appellant before he filed his suit in the Oredo Area Customary Court. He explained his case in the following narrative:

“The plaintiff is the owner and landlord of a storey building known as and situate at No. 3, Osagie Street, off St. Saviour Road Benin City, within the jurisdiction of this honourable court. By a deed of transfer dated 17th February, 1986 and registered as No. 42, at page 42 in volume 687 at the Lands Registry Office Benin City, …

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