Ichie Josiah Madu V. Humphery Mbakwe & Anor (2008)

LawGlobal-Hub Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J. C. A.

This is an appeal against the ruling of the High court of Imo state, Nkwerre Judicial division delivered on 21/9/98 striking out the appellant’s motion seeking to commit the respondents to prison for disobeying an order of the made on court 4/6/98, and striking out the substantive suit on grounds of lack of jurisdiction.

The appellant, being dissatisfied with the decision filed a notice of appeal containing eight grounds of appeal. The grounds of appeal without their particulars are:

Ground (i)

Error in law:

“The learned trial judge erred in law when he held, quote:

“In view of the provisions of Section 41 of the Land Use Act and the Supreme Court decision in the case of Oyeniran V. Egbetola in May 1997, I suo motu raised the issue of whether the High Court of Imo State sitting at Nkwerre had jurisdiction (sic) to entertain this suit. A declaration on this issue will determine whether I could hear the motion before me. “Unquote.”

Ground (ii)

Error in law:

The vacation judge erred in law when he held that he has jurisdiction to review the order of 4/6/98 as the said order was not a final order of the court.

Ground (iii)

Error in law:

The lower court erred when it held quote:

“Section 41 of the Land use Act 1978 confers original jurisdiction in proceedings in respect of customary right of occupancy only to the Area Courts or Customary Coutts.” Unquote.