LEGAL PRINCIPLE: JURISDICTION — Customary Courts — Real Issues in Dispute — Court Must Scrutinise Proceedings Beyond Plaintiff’s Claim
PRINCIPLE STATEMENT
Proceedings in Customary Courts must be carefully scrutinised to ascertain the real subject-matter and the real issues raised. Consequently, it is permissible to look at the plaintiff's claim, the findings, and even the evidence given or tendered before such Customary Courts to identify the real issues between the parties.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Erhunmwunse v. Ehanire (2003) NLC-1011999(SC) at p. 13; Paras B–D.
"Proceedings in Customary Courts must be carefully scrutinised to ascertain what the real subject-matter of a case and the real issues raised therein are. Consequently, it is permissible, not only to look at the plaintiff's claim before the Customary Court, but also to study the findings and even the evidence given or tendered before such Customary Courts with a view to identifying the real issues between the parties in the suit."
EXPLANATION / SCOPE
In Customary Courts, the real issues must be ascertained from the entire record, not just the claim. The principle applies to appellate review. The court must look at findings and evidence. The rule ensures that substance prevails over form. The principle is well-established.