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WULEMOTU BADIRU v. AMINATU ELETU

(1967) JELR 91520 (SC)

Supreme Court  •  SC. 48/1966  •  17 Nov 1967  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA. BREET, JUSTICE, SUPREME COURT. LEWIS, JUSTICE, SUPREME COURT

Judgement

ADEMOLA,C.J.N.

(Delivering the Judgment of the Court) -

This is a second appeal In a case in which the plaintiff claims £100 damages for trespass by the defendant on his land, £50 damages for the nuisance caused by the defendant on the plaintiffs dwelling house, and an order for removal of the structure causing nuisance to the said house. The plaintiff is a lessee of the land at 184 Adeniji Adele Road, Lagos which is the Area Of Law of the action and on which he built and occupied a dwelling house on a portion, leaving portion of the land vacant.

When the case came up for hearing before the senior magistrate, Lagos, the defendant’s counsel raised the question of the jurisdiction of the learned magistrate stating that the magistrate is without jurisdiction to hear the case because the claim as it stood raised an issue of interest in land. In other words, he relied on section 14(2)(a) of the Magistrates’ Court (Lagos) Act, which reads to clear the point whether or not the plaintiff was cla…

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