Asobari Harry Horsfall & Ors V. Ikiribo Fred George Amachree & Ors (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Jurisdiction of Magistrate’s Court—Land Case transferred by Resident—Section 32 of Protectorate Courts Ordinance, 1933.

Held : Magistrate’s Court is not exercising original jurisdiction.

Parties not present.

The following question was put to the Court :—

” Where a Resident in the exercise of his appellate jurisdiction under section 27 of the Native Courts Ordinance makes an Order under section 36 (1) (b) that a suit which raises an issue as to the title to land or any interest therein be re-heard before a Magistrate’s Court, has the Magistrate jurisdiction to hear the suit, having regard to section 32 of the Protectorate Courts Ordinance?”

The following joint opinion was delivered :—

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND GRAHAM PAUL, JJ.

We are of opinion that in re-hearing a suit under an order made by a Resident in his appellate jurisdiction a Magistrate’s Court is not exercising original jurisdiction. The answer to the question submitted to the Court is, therefore, in the affirmative.