EMMANUEL OJISUA T. F. OJISUA (FOR THEMSELVES AND ON BEHALF OF OJISUA FAMILY OF OSOSO) V. JAMES AIYEBELEHIN (SUBSTITUTED FOR AMONI AYALLA (DECEASED) ADUROJAIYE OGBORUBO

TOBI, JCA (Delivering the Lead Judgment): The plaintiffs, who are the appellants in this court, claimed against the defendants who are the respondents, the sum of ₦2,000.00 being general damages for trespass on the land situate at Unuegua farm land, Ososo.

The matter was initially heard by the District Customary Court, Ososo. Judgment was delivered against the appellants on 6th October, 1994. The appellants appealed to the Customary Court of Appeal, Benin City. That court also gave judgment against the appellants on the issue of jurisdiction raised by them. The court said:-

“We are indeed not persuaded by the respondents’ counsel’s argument that the Edict amending the Customary Courts’ Edict conflicted with the provisions of section 6 of the 1979 Constitution of the Federal Republic of Nigeria. An area court is not one of the superior courts mentioned in section 6 of the 1979 Constitution...The submission that the Military Administrator acted contrary to section 6 of the 1979 Constitu…