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ASOBARI HARRY HORSFALL AND OTHERS
V.
IKIRIBO FRED GEORGE AMACHREE AND OTHERS
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
10TH DAY OF JANUARY, 1938
2PLR/1938/13 (WACA
OTHER CITATION(S)
2PLR/1938/13 (WACA
(1938) IV WACA P. 18
LEX (1938) – IV WACA P. 18
BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
BUTLER LLOYD, J.
AND GRAHAM PAUL, J.
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BETWEEN:
ASOBARI HARRY HORSFALL AND THREE OTHERS — Plaintiffs-Respondents
AND
IKIRIBO FRED GEORGE AMACHREE AND THREE OTHERS — Defendants-Appellants
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ORIGINATING COURT(S)
MAGISTRATE’S COURT EXERCISING APPELLATE JURISDICITON OVER DECISION OF A RESIDENT
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REPRESENTATION
Parties not present.
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
Jurisdiction of Magistrate’s Court-Land Case transferred by Resident — Section 32 of Protectorate Courts Ordinance, 1933
PRACTICE AND PROCEDURE ISSUE(S)
COURT:- Jurisdiction of Magistrate’s Court — Land Case transferred by Resident — Section 32 of Protectorate Courts Ordinance, 1933
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CASE SUMMARY
Case stated by High Court.
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?”
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DECISION OF WEST AFRICAN COUR OF APPEAL
Held:
Magistrate’s Court is not exercising original jurisdiction.
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MAIN JUDGMENT
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.