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CaseLaw

Salami V. Chairman, LEDB (1989) CLR 12(a) (SC)

Brief

  • State High Court
  • Interpretation of statutes
  • Lands Tribunal
  • Ouster of jurisdiction
  • Statement of claim

Facts

The plaintiff/appellant filed his writ of summons on the 5th day of August 1970, a period of over 19 years ago claiming in terms of the endorsement on the writ of summons the following reliefs:

  • 1
    The plaintiff seeks the following orders declaring
  • a
    that the purported acquisition by the 1st defendant of the plaintiffs property at Surulere, in the city of Lagos and described in a Deed of Conveyance dated 30th April, 1956 and registered as No. 70 at page 70 in Volume 1055 of the Lands Registry is invalid and void.
  • b
    the purported lease dated 30/7/69 by the 1st defendant to the 2nd, 3rd and 4th defendants and registration of the same by the Registrar of Titles without compliance with the provisions of Registration of Titles Act, Cap 181 of the Laws of Nigeria is void and rectification of the said Register by expunging the name of the 2nd 3rd, and 4th defendants (and the Mainland Builders Stores) from the said Register.
  • 2
    The plaintiff claims from the defendants jointly and severally £300(Pounds) damages for trespass to the land;
  • 3
    Injunction restraining the defendants their agents or servants from further trespassing on the land”

Pleadings were ordered, filed and served.

The statement of claim was filed on the 27th day of November 1970, while the statement of defence of 1st defendant was filed on the 10th day of March 1971. The statement of defence of the 2nd 3rd and 4th defendants was filed on the 26th day of February 1971. At the time the defendants filed their statement of defence, the time ordered by the court had expired. However, on their application by motion, the High Court, on the 15th day of March, 1971 granted them extension of time in which to file the statements of defence till the 15th day of March, 1971 thus regularising the filing of the two statements of defence by their solicitors. Thereafter, the case was fixed for hearing for 3 days, i.e. 22nd and 24th of February, 1972.

The process of adjournment to enable settlement continued until 3rd November, 1980, when counsel to the 1st defendant filed a motion for an order that this case be struck out for want of jurisdiction relying on the Public Lands Acquisition (Miscellaneous Provisions) Act, No. 33 of 1976 as having ousted the jurisdiction of the High Court in the matter. The objection to jurisdiction was opposed by counsel for the plaintiff and the issue was argued.

The trial Judge upheld the objection of the 1st defendant’s counsel and held that the action was no more maintainable before the High Court having abated with effect from 1st July, 1976, the date from which the Act No. 33 of 1976 took effect. He then struck out the case for want of jurisdiction.

The Court of Appeal dismissed their appeal. They then appealed to the Supreme Court.

Issues

Whether the High Court’s jurisdiction to entertain an action on the validity of...

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