AA-gbara Alex Nloga & Ors. V. Leebari Bagadam & Anor. (2009)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the ruling of the High Court of Justice, Rivers State delivered by C.T. Uriri (J) on the 28th of May, 2001 wherein the learned trial Judge refused to re-list an appeal No. BHC/2A/96 which was struck out on the 17th of October, 2000 for want of jurisdiction. The motion itself was filed on 19th day of October, 2000.

The facts of the case as can be gleaned from the proceedings of the lower Court are that: The Appellants herein were the Defendants whilst the Respondents were the Plaintiffs in suit No. CCB/94 filed in the Customary Court of Babbe in Khana Local Government Area of the State. Judgment was delivered by that Court on the 8th day of November, 1995, in which the Respondents herein were awarded ownership, “damages for trespass and forcibly (sic) entry on Plaintiffs” farmlands and swamps situate at Wii-ke-nzo bori and wii laguna.” An order of perpetual injunction restraining further trespass was also made in favour of the Respondents.

The Appellants herein as Defendants in the Customary Court, appealed to the High Court against the decision of the Customary Court, Babbe, per notice of appeal filed on the 17th day of November, 1955 upon one ground of appeal. However on the 17th day of October, 2000, when the appeal before the High Court in BHC/24A/26 came up, all the Appellants in that appeal were present in Court but what actually fell for the business of the Court that day was the hearing of a motion to give additional evidence on appeal filed by the Appellants herein (also Appellants in the High Court) on the 18th day of April, 2000. The lower Court struck out the appeal due to the absence of Counsel for the Appellants in that appeal.

The Appellants in the lower Court (also Appellants herein) filed motion to re-list the appeal that was struck out on the 17th day of October, 2000. The Respondents did not file any counter affidavit to the application to re-list the appeal. They did not challenge the facts upon which the application to re-list the appeal was made. The only ground of opposition was that , the High Court does not have jurisdiction to entertain appeals from the Customary Court and that the notice of appeal to the High Court was incompetent. The only ground argued however was the ground of jurisdiction of the High Court to entertain appeals from Customary Courts.

On the 28th day of May, 2001, the learned trial Judge delivered his ruling on the said application wherein he held thus:

“In the light of the foregoing conclusions, I have no option other than to decline jurisdiction; the High Court of Rivers State not being a competent Court in this regard. See Madukolu v. Nkemdilim (1961) 1 ANLR p. 483. Because this Court lacks the competence either to dot an ‘i’ or cross a ‘t’ regarding appeals from Customary Court matters, the Motion on Notice for re-listment is hereby struck out for want of jurisdiction. Similarly and in further consequence thereof, the current appeal is hereby struck off not being proper before this Court.”

Dissatisfied with this decision the Appellants filed a notice of appeal to this Court on the 31st day of May, 2001, setting out one ground of appeal to wit:

“GROUND(S) OF APPEAL

(1) The learned trial Judge erred in law when he held that High Court of Rivers State does not have jurisdiction to hear appeals from the decision of a Customary Court of first instance under the 1979 Constitution and thus refused to grant the application to re-list suit No. BHC/2A/96 for trial.

PARTICULARS OF ERROR

(a) The 1979 Constitution did not give exclusive jurisdiction to the Customary Court of Appeal of a State to hear appeals on Customary Law matters.

(b) On the contrary, the High Court of a State, under the 1979 Constitution, has unlimited original and unlimited appellate jurisdiction in all subject matters as the Constitution or the law of a State may prescribe.

(c) The Customary Court of Appeal (Amendment) Edict, 1991 confers the jurisdiction on the High Court of Rivers State to entertain appeals from Customary Courts of Rivers State pending the Constitution of the Customary Court of Appeal of Rivers State (which is yet to be constituted).