EBOH & SIX ORS. V. AKPOTU

• Pages: 171-175

EBOH & SIX ORS. V. AKPOTU

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means of pleadings in an action and determined on evidence taken in the ordi-

nary way.

For these reasons we hold that it is open to the court to make the order sought,

but to prevent any misunderstanding about what we have decided there are two

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points which we would emphasise again. The first is that we are only deciding that

in this case there were alternative remedies open to the plaintiff, not that an order

of certiorari is no longer an available remedy where a breach of chapter 3 of the

Constitution is proved. The second is that our decision is restricted to matters which

lie within the extended supervisory jurisdiction of a High Court, and has no appli-

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cation to matters within its appellate jurisdiction.

On the hearing of the motion an order was made substituting Sanni Akande as

representative plaintiff for Samalu Oyelade, who has died, on Chief Williams'

undertaking that a further affidavit would be filed before judgment was given. The

motion to substitute had been supported by a single affidavit, sworn to by Sanni

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Akande himself, and where a fresh representative plaintiff is to be substituted we

consider that an affidavit should be sworn to by at least one of the people to be

represented and placed before tl le court. This has now been done, and the order

of the court is that the decision in the Ifon-Ilobu boundary dispute given by Mr.

E.O. Enahoro on the 18th November, 1960, under the Inter-Tribal Boundaries Set-

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tlement Law is set aside.

Decision in the Ifon-Ilobu

boundary dispute set aside.

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EBOH & SIX ORS. V. AKPOTU

30 CHIEF OKUMAGBA EBOH AND

SIX OTHERS

V

OGHOTEMI AKPOTU

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SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

21st June, 1968.

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APPELLANTS

RESPONDENT

SUIT NO. SC 167/66

Courts - Magistrate's Court - JurLdiction - Issue of title which will oust jurisdiction

of court must be raised bone fide.

Practice and Procedure - Non-ccinpliance with the provisions of order 9 rule 4(1)

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of the Magistrate's Courts (Civil Procedure) Rules - Effect - Magistrates' Courts

Law, s.100.

ISSUES:

1.

Whether it is every irregularity that can nullify entire proceedings.

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2. What is the effect of non-compliance with order 9 rule 4(1) of the Magistrates'

Courts (Civil Procedure) Rules, 1958.

3. How must an issue of title be raised, before it will oust a court's jurisdiction.