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PATRICK ERHUNMWUNSE V. JOHN EHANIRE

(2003) JELR 50911 (SC)

Supreme Court  •  SC.101/1999  •  30 May 2003  •  Nigeria

Coram
MICHAEL EKUNDAYO OGUNDARE, JSC UTHMAN MOHAMMED, JSC (Read the Lead Judgment) ANTHONY IKECHUKWU IGUH, JSC DENNIS ONYEJIFE EDOZIE, JSC

Judgement

MOHAMMED, JSC (Delivering the Lead Judgment): The question on jurisdiction of Oredo Area Customary Court of the former Bendel State to determine the claim filed by Mr. John Ehanire against Mr. Patrick Erhunwunse is the single issue raised by the appellant for the determination of this appeal. Before I go into the merits of the appeal it is pertinent to give a brief resume of the facts which led to the dispute between the parties. Mr. John Ehanire who is the respondent in this appeal, gave a brief account of what happened between him and the appellant before he filed his suit in the Oredo Area Customary Court. He explained his case in the following narrative:

“The plaintiff is the owner and landlord of a storey building known as and situate at No. 3, Osagie Street, off St. Saviour Road Benin City, within the jurisdiction of this honourable court. By a deed of transfer dated 17th February, 1986 and registered as No. 42, at page 42 in volume 687 at the Lands Registry Office Benin City, …

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