Alhaja Falilatu Babalola V. Chief Ibatu Obaoku-ote & Anor (2004)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A.

This appeal is against the judgment of the High Court of Justice, Ogun State, Otta Judicial Division delivered on the 7th day of July, 1999. The matter before the High Court is by itself an appeal against the judgment of Ifo Grade II Customary Court delivered on the 19th of September, 1990, in suit No. AGB/173/84. The original notice of appeal had one ground of appeal. At the time the appeal was argued, the appellant asked for leave to file and argue additional grounds of appeal on 11/4/97, which application was granted. While arguing the appeal, the learned Counsel for the appellant – Mr. O.O. Ojutalayo decided to argue ground one of the additional grounds of appeal which relates to the issue of jurisdiction. The ground of appeal reads:

Ground 1

“The lower court – Ifo Grade II Customary Court erred in law in adjudicating over a matter in which it lacks jurisdiction.

Particulars of error

(1) The Customary Court lacks jurisdiction to adjudicate over a land matter in respect of which the annual rental value is over N200.00.

(2) The annual value of the land in dispute herein as stated in the summons is N500.00.”

The plaintiff’s claim as per her summons at the Ifo Grade II Customary Court is as follows:-

(i) Plaintiff seeks for declaration of title claiming the lawful ownership of a piece of land which was inherited from my late father Abudu Sati Areago with the purchase receipt dated 21st of April, 1940.

(ii) The plaintiff’s claim against the defendant is for the sum of One thousand naira (N1,000) being for trespass on the landed property, being and lying at Aboro Area of Agbado in Ifo/Otta Local Government Area.

(iii) The boundaries are as follows-

“On the right by late Baba Alawofun landed property. On the left by Asorobi landed property. At the upper by Oto landed property. At the south by Oto landed property.

(iv) That an interim injunction to restrain the defendant, her agents or privies from doing or entering into the said land in dispute pending the determination of this case by the Honourable Court.

The annual rental value of the said landed property is valued five hundred naira. The case proceeded to trial and judgment was entered in favour of the plaintiff. The defendants were dissatisfied with the judgment hence they proceeded on appeal to the Otta High Court- which in its judgment of 7th July, 1999, set aside the judgment of the Customary Court and struck out the suit on the ground that the court of first instance exceeded its jurisdiction in adjudicating over the suit.