LEGAL PRINCIPLE: LAND LAW — Jurisdiction — Statutory Right of Occupancy — Exclusive Original Jurisdiction of High Court
PRINCIPLE STATEMENT
Under the Land Use Act, 1978, the only competent court to resolve disputes involving statutory rights of occupancy is the High Court of Justice. A Customary Court is clearly without jurisdiction to entertain such an action.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Erhunmwunse v. Ehanire (2003) NLC-1011999(SC) at pp. 15–16; Paras E–A.
"Under the Land Use Act, 1978, the only competent court, to resolve this question is the High Court of Justice, Edo State. In my view, the Oredo Area Customary court is clearly without jurisdiction to entertain the present action."
EXPLANATION / SCOPE
The High Court has exclusive original jurisdiction over statutory rights of occupancy. The principle applies to land law. Customary Courts lack such jurisdiction. The rule is statutory. Proceedings in Customary Courts are nullities. The principle is well-established.
