OLAGUNJU, JCA (Delivering the Lead Judgment): The appeal is from the decision of Amaizu, J., as he then was, of the Onitsha Judicial Division of the Anambra State High Court who overruled the preliminary objection raised by the appellants to the jurisdiction of that court to entertain the appeal filed by the respondents against the decision of the Mbanano Customary Court in Idemili Local Government Area of Anambra State. The appeal raised an issue that has lately become convoluted, namely, whether an appeal from the customary court should go to the High Court or first to the court of a Chief Magistrate or of a Senior Magistrate of the 1st and 2nd grade if there is any one of such courts within the area of jurisdiction of the customary court from which decision the appeal originates as provided by a combined application of section 49(1)(a) of the Customary Court Law and section 17(2)(a) of the Magistrates Courts Law, Caps. 38 and 88 of the Revised Edict on the Anambra State Law, 1991…
OKAFOR
V.
OKONKWO
(2002) JELR 54182 (CA)
Court of Appeal 20 May 2002 Nigeria
BriefBot Summary
- The principal issue was whether, under Anambra State law and the Land Use Act, appeals from Customary Courts in land matters lie to the High Court or first to certain grades of Magistrates’ Courts within the jurisdiction. - Appellants obj
Case Details
Suit Number:CA/E/51/99
Judges:EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD, JCA
Counsel:C. E. Ezeuko, Esq., SAN, (with him, C. E. Ezeuko Jnr. Esq) - for the D
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Appellants.
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C. R. I. Egonu, Esq. SAN, (with him, P. O. Okonkwo, Esq) - for the Respondents.
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Prof. I. A. Okafor, SAN - as Amicus Curiae.
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Dr. Onyechi Ikpeazu (with him, Ben Osaka, Esq.) - as Amici Curiae. E
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