Joyland Vs Wemabod Estates Ltd (2008)

LAWGLOBAL HUB Lead Judgment Report

M.S. MUNTAKA-COOMASSIE JSC

This is an appeal against the decision of the Court of Appeal; Lagos delivered on the 11th day of June 2001 in which the appeal before it was allowed. The ruling of the learned trial judge Rhodes-Vivour J, as he then was, was set aside and judgment of the Senior Magistrate Grade 1 affirmed.

The appellant filed an exparte motion before the Lagos High Court to apply for an Order of certiorari, to set aside the proceedings before Magistrate Court Grade 1 Lagos State in Suit No. MCA/1654/96. The application was granted and the appellant subsequently filed a motion on Notice in which he sought the following reliefs: –

“(i) AN ORDER of certiorari to remove into this Honourable Court for the purpose of being quashed the proceedings, decisions, judgment of Mr. Isaac, Learned Senior Magistrate Grade 1 made on 24/10/96 in a Civil Suit No MCA/1694/96, including warrant of possession dated 6th November, 1996, plus an Order made by Mr. Abogodo Learned Chief Magistrate Court II on 3rd January, 1997 at Apapa Chief Magistrate Court I on the grounds that the Court lacked jurisdiction to entertain the Suit.

(ii) ORDER OF PROHIBITION prohibiting the above named 2nd respondent from proceeding or further proceeding in Suit No MCA/1694/96, pending at Chief Magistrate Court 1, Apapa”.

The application was argued by both parties, and on 14/2/97, the learned trial Judge granted same, and set aside the proceedings before the Chief Magistrate’s Court Grade II. In conclusion the learned Trial Judge held as follows:

“By the provisions of Section 17 (c) of the Magistrate Court Law Cap 127 Laws of Lagos State 1994, His Worship A. O. Isaac clearly exceeded his jurisdiction in suit no. MCA/1694/96 as he had no jurisdiction in Civil causes or matters where the annual value or rent exceeds N15,000.00. It is settled that jurisdiction is so fundamental to nullity no matter how well conducted and decided. This is to say that proceedings before a court which lacks jurisdiction is a nullity. See Madukolu v. Nkemdilin (1962) 1 All NLR pages 587 – 589. In the light of all I have been saying the application succeeds. It is accordingly ordered as follows:-

“The Judgment of his Worship A. O. Isaac delivered on 24/10/96 in suit No. MCA/1954/9C together with warrant of possession dated 6/11/96 is hereby quashed”. See page 56 of the record.

The Respondent was not satisfied with this decision and appealed to the Court of Appeal (Lagos Division), hereafter called the Court below Notice of appeal was filed on 12/11/97 and was dated 14/2/97.

At the Lower Court the Notice of appeal and Brief were discontinued and withdrawn. See p 100 of the Record.

The following Notices of appeal dated 14/2/97, 30/4/97 and 21/11/97, were filed respectively. Again Notices of appeal dated 30/4/97, and 21/11/97 together with the Appellants Brief were discontinued and withdrawn. In the Court below the appeal was taken and argued mainly on the Notice of appeal dated 14/2/97. After the hearing of the appeal, the lower Court delivered its judgment on 11/6/2001 wherein the appeal was allowed. In conclusion, the lower Court held as follows on pp 137 and 138 of the Record: –

(Underlinings mine)

“In an application for an Order of certiorari the Court is guided by the following principles (even though not exhaustive): –

(a) Whether or not the order will (sic) issue does not only depend on whether the error complained of is errors of law or fact. The error must disclose excess of jurisdiction and error in law must be one on the face of the record;