OLAGUNJU, JCA (Delivering the Lead Judgment): At the Chief Magistrates’ Court, Nnewi town in Anambra State, the appellant as theplaintiff sued the two respondents as defendants for trespass claiming N10,000 general damages and an order of perpetual injunction restraining the defendants from further trespass to a market stall No. A28/23 at Agbo- Edo Market also known as ‘Nkwo Nnewi Market’ which at the time of the allocation of the stall was under the control and management of the predecessor of the present Nnewi North Local Government. Judgment was given to the plaintiff for the three reliefs against which the defendants appealed to the Anambra State High Court.
On appeal, the judgment was attacked on the ground that the learned trial Magistrate lacked jurisdiction to entertain the action because the Agbo- Edo Market where the stall was located is in an urban area of the town overwhich only the High Court had jurisdiction. The argument was sustained and Ibeziako, J., set aside the ju…