Alhaji Amusa Olatubosun V. The President And Members Of Oluyole Local Govt. Olode/omiyale Grade ‘c’ Customary court, Ibadan & Anor. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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 its enabling law as amended.

(b) The Customary Court lacks jurisdiction to adjudicate over the subject matter of claim of the 2nd Respondent under the 1979 Constitution as suspended and modified. The Court being an inferior Court under the Constitution which the Constitution clearly stipulated that the limit of its jurisdiction shall be as specified by the creating legislature.

The application was supported by an affidavit of thirty one paragraphs to which five exhibits i.e Exhibits A, B, C, D & D1 were attached. In addition a further affidavit in support of motion on notice of six paragraphs was also filed. The second Respondent reacted by filing a counter affidavit of eighteen paragraphs to which an exhibit was attached as exhibit A.

The only oral evidence led at the trial was on behalf of the Applicant/Appellant through P.W1 who tendered as exhibit ‘A’ a valuation report of Appellant’s land. The learned trial Judge dismissed the application for prohibition. Appellant being dissatisfied appealed against the judgment by filing a notice of appeal dated 13th April 2000 containing ten grounds of appeal.

The crux of the affidavit evidence of the Appellant before the High Court was that he is the owner of a large parcel of land (which he acquired by purchase) situated at Alapata Village via Aiyetoro, Egbeda-Tuba road, Oluyole Local Government Ibadan, but of which the 1st Respondent has wrongfully decided to adjudicate upon at the instance of the 2nd Respondent. The counter affidavit denied the issues raised in the Appellant’s affidavit.

Appellant formulated four issues for determination as follows:

(1) Whether or not the learned trial Judge was right in holding that the Customary Courts Law 1981 of Oyo State (as amended) is inconsistent with and/or derogates from the Land Use Act by reason of which the latter statute must prevail over the former.

(2) Whether or not the learned trial Judge had jurisdiction and competence to declare that the Customary courts Law, 1981 as amended or any Section of it was void when it was not clearly proved that it actually violated or conflicted with the Provisions of any Decree (or Federal legislation) including the Land Use Act in force at the time the cause of action arose.

(3) Whether or not having regard to the evidence before him the learned trial Judge was right in holding that the Grade ‘C’ Customary Court (1st Respondent) had jurisdiction to entertain the land cause or matter which was initiated before it by the second Respondent despite the limitation of its jurisdiction in such causes by its enabling statute