MONICA BOLNA'AN DONGBAN-MENSEM, JCA (Delivering the Leading Judgment): This appeal challenges the Ruling of the Oyo State High Court in which an order of certiorari to quash the decision of the President and members of the Olorunda Grade C Customary Court in suit No.7/98 of 22/10/98 was made. The said Ruling was delivered on the 29th March, 2001 by the Hon. Justice R. G. Oyetunde.
The brief facts of the suit which transmitted to this appeal started with suit No.7/98 taken out by the Appellants before the Lagelu Local Government Grade 'C' Customary Court Olorunda. The Court was presided over by the 1st Respondent who gave judgment against the 2nd Respondent but in favour of the Appellants.
The subject matter was the Ownership of a piece of land lying situate and being at Mafikuyomi town Ibadan. The suit at the Grade C' Area Customary Court is alleged to have been heard and determined without notice to the 2nd Respondent who was also not served with a copy of the Judgment of the Court.
The…