“The argument which ensued centred around the action of the learned magistrate in ruling that he had no jurisdiction without any evidence before him upon which he could decide whether or not the matter before him raised any issue as to the title to land, or to any interest in land. Reference was made to the case Oluwo and another v. Adebowale 4 F.S.C. 143 at p. 145 where it was decided that the magistrate must decide the issue on the evidence before him. The relevant portion of the judgment in that case reads- “The jurisdiction of magistrates in the Federal territory of Lagos is set out in Section 14 of the Magistrate’s Court (Lagos) Ordinance (Cap. 113). In the case of a Magistrate Grade I, with which we are here concerned, it is limited to a claim for 200 with the proviso, amongst others, that the magistrate shall not exercise original jurisdiction in any cause or matter which raises any issue as to the title to land, or to any interest in land. Although not stated expressly the proviso should be read with the qualification that the issue as to title must be raised bona fide. Whether the issue is raised bona fide or not is an interlocutory matter for the magistrate to decide on the evidence before him, and, ordinarily, he should decide it as soon as the issue is raised, before assuming or continuing to exercise jurisdiction to hear the case.” We approve of the opinion expressed by this Court in this passage and only wish to add that the words “on the evidence before him” must not be taken to mean oral evidence only; it includes admissions, documentary and any other material available to a court of law.”
LawCompass
… the Digital Solution Research Tool
