Sunday Gbagbarigha V. Mr. Adikumo Toruemi & Anor (2012)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C. 

The appellant, as plaintiff sued the respondents as defendants in a Kaima Customary Court Bayelsa State for-

1. An order of this honourable court asking the defendants to refund the sum of N800.00 (eight hundred naira) only being the amount of money paid to the defendants for the sale of a piece or portion of land situate at Ogienama compound to the plaintiff along with two bottles of native gin, a packet of cigarette and some bottles of mineral amounting to the sum of N50.00 (fifty naira).
2. An order of this honourable court to ask the defendants to refund the sum of N10,200 (Ten thousand, two hundred naira) being expenses incurred in developing or reclaiming the swampy part money spent for the survey or the fee for the blessing of the land. Total relief sought amounting to N11,000 (Eleven thousand naira.).

After hearing evidence from both sides the customary court entered judgment for the plaintiff as follows:

(a) N800.00 (Eight hundred naira) be refunded for the sale of the land to the plaintiff.

(b) Eight thousand, two hundred naira (N8,200) being expenses incurred during the development of the said portion of the (land) plot to date.

(c) N35.00 (thirty-five naira) for costs, all amounting to the sum of N9,035 (nine thousand and thirty-five naira) be paid to the plaintiff within one month period from now….”

Dissatisfied with the judgment the defendants filed an appeal at the Port Harcourt High Court, Ungbuku CJ (as he then was) presided.

The learned chief Judge reasoned thus:

“… I am of the view that the customary court indeed erred in law in granting to the plaintiff/respondent a relief that he did not seek in his claim before the customary court. In the said judgment the court awarded a total sum of N9,035.00 (nine thousand and thirty-five naira) only to the plaintiff saying that the sum be paid within one month from the date of judgment. It is clear from the claim of the plaintiff that he was asking from the defendants/appellants in monetary term is above the jurisdiction of customary court. The customary court has jurisdiction limited to N5,000 (five thousand naira) only…”

And concluded as follows:

“…The appeal is allowed. The judgment of the customary court is a nullity and is set aside. Costs and or any money if paid to the respondent in compliance with the said judgment should be refunded….”

The plaintiff lodged an appeal before the Port Harcourt Division of the Court of Appeal, that court in a majority decision. (2-1) confirmed the judgment of the appellate High Court. The Court of Appeal in the penultimate paragraph said:

“…I would and do uphold and affirm the decision of the appellate High court. The customary court assumed jurisdiction and made gratuitous awards where it had no power to do so.

This appeal is against that decision, Briefs of argument were filed and exchanged. The appellant (plaintiff) brief was filed on the 3rd of November 2006 while the respondents’ brief was filed on the 18th of December 2006.