(2010) JELR 45860 (CA)    

Court of Appeal  ·  CA/I/44/2003 ·  10 Mar 2010 ·  Nigeria
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
land use act
learned trial judge
2nd respondent
customary court
value of the land
high court
n.w.l.r part
customary courts law
customary right of occupancy
trial court
cause of action
grade c customary court
lower court
n.w.l.r. part
oyo state
claim of the 2nd respondent
customary court lacks jurisdiction
jurisdiction of grade c
said court
second respondent
case of t.a. oyefolu
cases of military governor of onoo state
crux of the affidavit evidence of the appellant
decision of the learned trial judge
enabling law
excess of its jurisdiction
federal legislation
inferior court
instance of the 2nd respondent
judgment of the high court of oyo state
latter statute
n.s.c q.r
omiyale grade
only oral evidence
owner of a large parcel of land
paras g-h. see
provisions of any decree
subject matter of claim of the 2nd respondent
subject matter of the claim
valuation report of appellant

DELIVERED BY MODUPE FASANMI, J.C.A: This is an appeal against the judgment of the High Court of Oyo State holden at Ibadan delivered on the 29th of February, 2000.

The Appellant claimed against the two Respondents by a motion on notice dated 20th July, 1998 an order:

"Prohibiting the President and members of the Oluyole Local Government Olode/Omiyale Grade 'C' Customary Court sitting at Mushin Odinjo, Area Ibadan from hearing or further hearing suit no. 182/98 currently pending in the said Court and any other suit which the 2nd Respondent may bring before the said court concerning or relating to the title or possession of the Applicant's land at Alapata Village via Aiyetoro Egbeda-Tuba Road, Oluyole Local Government Ibadan.

The grounds on which the application was based were as follows:

(a) The Customary Court lacks jurisdiction to adjudicate over the claim of the 2nd Respondent, the value of the land, the subject matter of the claim being in excess of its jurisdiction as specified in…

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