Anthony Aburime V. The Secretary, Assemblies Of God Mission, Ewu Ishan & Anor (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Jurisdiction—Supreme Court Ordinance, section 12 and proviso—Practice and Procedure—Claim in trespass—Ouster of jurisdiction how decided.

Facts

The plaintiff sued in trespass, the first defendant alleged entry under a lease and the second defendant that he would contend that the issue was as to title to land. The Judge suo motu raised the point of ouster of jurisdiction and plaintiff opposed the idea. The Judge took no evidence but concluded that his jurisdiction was ousted under the above proviso (text in judgment infra); he assumed that there was a Native Court with jurisdiction to hear the case. The plaintiff appealed.

Held

There was no admission that title to land was raised by this suit for damages for trespass—which is a suit based on possession and does not necessarily involve any issue as to title to land or any interest in land—and there was no evidence of that fact; further there was no admission that there was a Native Court having jurisdiction and there was no proof; therefore the Judge erred in concluding that the jurisdiction of the Supreme Court was ousted by the proviso to section 12 of the Supreme Court Ordinance.

Appeal by plaintiff: Np. 3760.
O. Onyechi for Appellant.
H. U. Kaine, with him D. O. Ibekwe, for Respondents.