NUNAYON ZEDAKOJI & BENJAMIN ZEDAKOJI V. ADENIYI ALOHUTADE

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent, as Plaintiff before the Ado-Odo Grade II Customary Court, Ado-Odo in Ado-Odo/Ota Local Government Area of Ogun State, instituted proceedings against the Appellants herein, as Defendants in SUIT NO. AD2/330/2018: ADENIYI ALOHUTADE v. NUNAYON ZEDAKOJI and ANOR. The action is in respect of land situate at Podofe, Itire via Ado-Odo in Ado-Odo/Ota Local Government Area and which land is said to measure approximately three (3) acres and four (4) plots. The Respondent claimed declaration of title to the said land, trespass and perpetual injunction against the Appellants.

​Upon being served with the originating process, the Appellants filed a Notice of Preliminary Objection on 6th November 2018, challenging the jurisdiction of the Ado-Odo Grade II Customary Court (hereinafter called the trial Court) to entertain a land matter. The Notice of Preliminary Objection is at page 50 of the Records. The trial Court hea…