BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Regd. Trustees, Kwara Anglican Diocese vs. Asa Local Govt.
  • 160
  • 2003-06-23
  • ₦ 200
  • Buy Now

Regd. Trustees, Kwara Anglican Diocese vs. Asa Local Govt.

THE REGISTERED TRUSTEES OF KWARA ANGLICAN DIOCESE

V

ASA LOCAL GOVERNMENT

ASANI ALATA

JIMOH COUNCILLOR

BABATUNDE BABA ALATA

COURT OF APPEAL

( ILORIN DIVISION )

MURITALA AREMU OKUNOLA, JCA ( Presided )

PATRICK IBE AMAIZU, JCA ( Read the Lead Judgment )

WALTER SAMUEL NKANU ONNOGHEN, JCA

CA/IL/M.29/2000

TUESDAY, 10TH DECEMBER, 2002

ACTION - Pre-action notice - Requirement of before instituting an action against a local government - Section 179(1) & (2), Kwara State Local Government Law

APPEAL - Issues for determination - Need for to be distilled from grounds of appeal

COURT - When a court is competent

JURISDICTION - Land covered by customary right of occupancy granted by local government - Court having original jurisdiction over

LAND LAW - Land covered by customary right of occupancy granted by local government - Court having original jurisdiction over

LEGAL PRACTITIONER - Lawyers - Need for to be careful and precise in their choice of words

NOTABLE PRONOUNCEMENT - On need for lawyers to be careful and precise in their choice of words

STATUTE - Kwara State Local Government Law, section 179(1) & (2) - Purport of vis-a-vis requirement of pre-action notice before instituting an action against a local government WORDS AND PHRASES - ‘Notice’ - Meaning of

Issue:

Whether the (Kwara State High Court sitting at Ilorin has jurisdiction to try the suit in view of section 179(1) & (2) of the Kwara State Local Government Law 1976, and section 41 of the Land Use Act, 1978.

Facts:

The appellants herein, sometime on or about 10th and 11th of April 1999 , noticed that a certain group of people commenced construction of a shopping complex in front of one of the branches of their church at All Saints Anglican Church Eiyenkorin, Ilorin, Kwara State. On enquiry from the said people, they claimed that it was Asa Local Government which gave them permission.

Upon instruction of the appellant, their counsel caused two different letters to be written to the 1st respondent warning that within five days if it fails to stop further construction on the land and withdraw any right or permission already granted, the matter will be reported to the appropriate authority. The respondents failed to heed the warning. Consequently, the appellant instituted an action against the respondents at the Kwara State High Court sitting at Ilorin. Before the suit was fixed for hearing, the appellants brought an ex parte motion praying for an interim order restraining the respondents from further constructing the shopping complex pending the hearing of the motion on notice. The trial court heard and granted the application. When the respondents were served with the interim order, they raised a preliminary objection to the effect that the trial court lacked jurisdiction to entertain the suit against the 1st respondent as the pre-action notice required under section 179(1) and (2) Kwara State Local Government Law was not given. Equally that the jurisdiction of the trial court to entertain the entire suit is ousted by section 14 of the Land Use Act, 1978, as the land in dispute is covered by right of occupancy granted by a local government. The trial court heard arguments of counsel to both sides in respect of

the motion and gave its ruling that the action is improper against the 1st respondent therefore its name should be struck out. It further held that its jurisdiction to entertain the entire suit has been ousted by section 41 of the Land Use Act 1978 and struck out the suit.

Dissatisfied with the ruling, the appellant has appealed to the Court of Appeal.