Alhaji Bello Araba V. Amusa Salako Ogunsiji (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This appeal arose from the judgment of the High Court of Oyo State sitting at Ibadan (hereafter called “The Trial Court”) delivered by Hon. Justice M. A. A. Abass, J, of 19th December, 2006, wherein the claim of Respondent to this appeal at the Customary Court Grade ‘C’ Ogbere Idi-Osan Ibadan, in Suit No. 161/2003 against the Appellant then as defendant is as follows: –

“The plaintiff is asking for the Ejection from the land at Koshibi village Bioku Area, Kajola Olode New Ife Road, Ibadan in Suit No.161/2003.

At the conclusion of the trial at the Grade ‘C’ Customary Court, judgment was handed down in favour of the Respondent/Plaintiff. The Appellant being dissatisfied, lodged an appeal before the Chief Magistrate Court, Ibadan, when the Appeal came up for hearing on the 24th May, 2004, learned counsel for the Respondent Mr. Bayo Alade moved the court orally under the inherent jurisdiction of the court challenging the competency of the court to hear the Appeal from Grade ‘C’ Customary Court. It is his contention inter-alia, that Magistrate Courts in Oyo State are not vested with statutory backing to hear Appeals on Land matters from Customary Courts especially land matters. The learned Chief Magistrate upheld the objection raised by the counsel to the Respondent before the court, that the Chief Magistrate’s court lacks the jurisdiction to entertain Appeals bothering on land matters from’ the decision of the Customary Courts.

The Appellant being dissatisfied with the decision of the learned Chief Magistrate striking out the Appellant’s appeal on the ground of lack of jurisdiction again appealed to the High Court of Justice, Ibadan Oyo State.

The Appellant filed only one ground of appeal. It reads thus “The learned Chief Magistrate erred in law when she held that the Chief Magistrates Court lacks jurisdiction to adjudicate on appeal from the Customary Court on land matters”. The High Court of Oyo State Coram Abass J. held that the learned Chief Magistrate was right to have declined the jurisdiction to entertain the appeal from the decision of the Grade ‘C’ Customary Court on a land matter, the appeal was accordingly dismissed.

The Appellant still dissatisfied with the Ruling of the Learned Trial Judge, appealed to this court vide a Notice of Appeal dated the 21st of December 2006. From the three (3) grounds of Appeal, the Learned counsel to the Appeal distilled a sole issue for determination viz: –

”Whether the Magistrate court in Oyo State have jurisdiction to hear Appeal from Customary Courts on land matters”

The learned counsel to the Respondent in their brief of argument also identified a sole issue for determination of this appeal from the 3 grounds of appeal viz: –

“Whether the Magistrate Courts in Oyo State have jurisdiction to entertain appeal from Customary Courts on land matters “which brothers on Customary right of occupancy”.

In arguing the appeal on the sole issue for determination learned counsel to the Appellant had submitted that in considering the respondents claim against the Appellant at the Grade ‘C’ Customary Court seeking for the ejection from the land of Koshibi village Bioku Area Kajola Olode off New Ife Road Ibadan, Evidence was taken by the Customary Court and judgment was given in favour of the plaintiff/Respondent.

Learned Counsel submitted further that the Customary Court Judge, in reaching his decision like the learned Chief Magistrate relied heavily on the case of J. A. Okafor vs. P.H.M. Okwonkwo (2002) 17 NWLR (pt.796) 262 at 263- The facts of this case are not on all fours with the present case on Appeal. In Okafor’s case, the Court of Appeal Enugu division was faced with the interpretation of Magistrates Court Law cap. 88. Laws of Anambra State 1988, Section 17 (2), and section 49 (1) (a) (b) of the Customary Courts law cap. 38 laws of Anambra State 1991, which are amendments to Magistrate Court laws conferring original jurisdiction on some Magistrates in land matters in Anambra State.

Learned Counsel further submitted that in this present case on Appeal there is no equivalent provision of section 17 (2) or section 49 (1) of the Anambra State Law in Oyo State. The decision of the Okafor’s case is good as these amendments, no doubt ran contrary to the content and letters of the Land Use Act.

Learned Counsel further submitted that as to what then is the provision of the law guiding the present case.