AILERU & ORS V. ADEMUOYE & ORS

• Pages: 270-273

270



NIGERIAN SUPREME COURT CASES

[1967] N.S.C.C.

stant case, the appeal ought to be allowed and the judgment of the Grade B Cus-

tomary Court restored.

In reply, Chief Williams submitted that this court could transfer the apppeal to

the Magistrate's court as this was a course open to the Judge of the High Court

under section 31 (1) of the High COurt Law which reads as follows:-



5

"31 (1) A Judge may at any time or at any stage of the proceedings before final

judgment, and either with or without application from any of the parties

thereto, transfer any cause or matter before him to a magistrate's court

having jurisdiction to hear such cause or matter or to a Judge in the same



10

or any other judicial division."

We feel unable to accept this submission. Even assuming in Chief Williams'

favour that the expression "cause or matter" in that section includes an appeal, still

it is our view that the section does not empower a Judge of the High Court to trans-



15

fer an appeal to a court of competent jurisdiction where the appeal is one in which

the High Court itself has no jurisdiction.

The result is that this appeal will be allowed; the judgment of the High Court

of the Oshogbo Judicial Division delivered by Delumo, J., on the 8th day of

March, 1965, including the order for costs is hereby set aside for lack of jurisdic-



20

tion and it is declared that the judgment of the lfe Divisional Grade B Customary

Court remains in force. The defendant is awarded costs in the High Court as-

sessed at 20 guineas and costs in this Court assessed at 57 guineas.

Appeal allowed.

25

AILERU & ORS V. ADEMUOYE & ORS.

JIMOH AILERU AND OTHERS



APPELLANT

V

ADEMUOYE (Deceased) substituted

by MUYIBATU ADEMUOYE AND OTHERS



RESPONDENT

SUIT NO. SC 416/1965

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

BRETT,



J.S.C.

MADARIKAN.



J.S.C.

1st December, 1967.

Civil Action - Practice and procedure - Claim for declaration of title - Defendant

with an equity in the land created by owner's acquiescence - Appropriate

order.



45

ISSUE:

1. Where a defendant is shown to have an equity in a disputed piece of land

created by the acquiescence of the owners, what are the considerations that

should weigh on the mind of a Judge in settling all outstanding questions



50

between the parties?

30

35

40