CaseLaw
Sadikwu V. Dalori (1996) CLR 4(k) (SC)
Judgement delivered on April 23rd, 1996
Brief
Facts
Appellant had sued respondent(s) for a declaration that he is the owner of the piece of land measuring 100ft x 300ft along Baga Road, Maiduguri, damages for trespass and injunction against the respondent or in the alternative, possessory title over the said piece of land.
Both parties agree that the land in dispute was allocated to the appellant and the respondent in January, 1978 and June, 1979 respectively by the Maiduguri Local Authority or Maiduguri Metropolitan Council. They were separately issued with a Certificate of Customary Right of Occupancy by the Authority.
Both certificates had not been converted into statutory right of occupancy and were not in an urban area.
The Court entered judgment for the appellant as claimed. Respondent appealed to the Court of Appeal here the issue of jurisdiction of the High Court to entertain the suit in that the land in dispute is the subject of customary right of occupancy.
The Court of Appeal allowed the appeal and set aside the decision of the trial High Court on the ground that the Borno Stare High Court had no original jurisdiction to entertain the suit.
Dissatisfied, appellant appealed to the Supreme Court.
Issues
Whether the learned Justices of the Corn of Appeal were correct in holding that...