U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This appeal is from the decision of Benin Division of the Court of Appeal in which the lower court allowed an appeal from the judgment of the Customary Court of Appeal of the former Bendel State.
Learned counsel for the appellant, Chief Rotimi Williams, SAN., submitted, in the appellant's brief that the Court of Appeal had no jurisdiction to entertain proceedings which gave rise to the present appeal. The learned Senior Advocate stated the facts upon which he based his submission as to jurisdiction. The facts are in the following narrative:
The plaintiff (appellant in this appeal) sued the defendant (respondent in this appeal) in the Isele-Uku District Customary Court for a declaration of title to land situate in Idumu-Etiti Agba Quarters, Onicha-Olona. There was also a claim for injunction to restrain acts of trespass by the defendant. The court entered judgment in favour of the plaintiff on 17th September, 1987. Not satisfied wi…