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J.B.Soboyede & Ors v. Minister of Lands & Housing Western Nigeria

(1974) JELR 41690 (SC)

Supreme Court  •  SC.253/1973  •  28 Jan 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

SOWEMIMO, J.S.C. (Delivering the Leading Judgment):-This appeal is against the judgment of Egbuna J., sitting at the Owerri High Court of the East Central State on the 9th of July, 1965. The case originated from the Isuikwuato District Court Grade A. The plaintiffs succeeded in the claim for declaration of title to a piece of land and injunction against the defendants. Appeals were lodged against the judgment to the County Court, Okigwe, Magistrate's Court, Okigwe and the High Court, Owerri, respectively.

The only complaint canvassed before us on this appeal was that the High Court, Owerri, had no jurisdiction to hear the appeal, because there had been no compliance with Section 61 of the Customary Court Law Cap. 32 of the Laws of Eastern Nigeria 1963. That Section reads as follows:

"61. (1) Any party aggrieved by the decision or order of a Grade A or Grade B District Court may, within thirty days from the date of such order or decision appeal therefrom:

(a) where a County Court has b…

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