(2022) JELR 109099 (CA)    
Court of Appeal  ·  CA/IB/258/2020 ·  6 Jan 2022 ·  Nigeria
Ugochukwu Anthony Ogakwu, JCA Abba Bello Mohammed, JCA Abdul-Azeez Waziri, JCA
Core Terms Beta
trial court
lower court
value of the land
reply brief
appellants’ brief
customary court
appellants’ counsel
decision of the lower court
land matter
appellants’ reply brief
customary court rules of ogun state
jurisdiction of the trial court
rental value
respondent’s action
appellants’ issue number
customary court of appeal of ogun state
judgment of the lower court
leave of court
notice of appeal
ogun state
position of the law
provisions of section
records of appeal
respondent’s brief
abecedarian law
above ground
ado-odo grade
affirmation of its jurisdiction
argument of the submissions
briefs of argument
considered view
creation of the customary court of appeal
customary court of appeal contrary
hearing of the matter
high court of ogun state
issue of law
judgment of the trial court
jurisdiction of the ado-odo grade
leading judgment
learned counsel
provision of section
respective submissions
respect of land
said decision
said land
such circumstances

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent, as Plaintiff before the Ado-Odo Grade II Customary Court, Ado-Odo in Ado-Odo/Ota Local Government Area of Ogun State, instituted proceedings against the Appellants herein, as Defendants in SUIT NO. AD2/330/2018: ADENIYI ALOHUTADE v. NUNAYON ZEDAKOJI and ANOR. The action is in respect of land situate at Podofe, Itire via Ado-Odo in Ado-Odo/Ota Local Government Area and which land is said to measure approximately three (3) acres and four (4) plots. The Respondent claimed declaration of title to the said land, trespass and perpetual injunction against the Appellants.

​Upon being served with the originating process, the Appellants filed a Notice of Preliminary Objection on 6th November 2018, challenging the jurisdiction of the Ado-Odo Grade II Customary Court (hereinafter called the trial Court) to entertain a land matter. The Notice of Preliminary Objection is at page 50 of the Records. The trial Court hea…

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