Background
On 2022-10-13, the High Court of Justice, Benin Judicial Division delivered judgment in Suit No. B/1A/2022 between Iduriase Oduware & Anor (Appellants) and Idahosa Timothy (Respondent). The matter arose from a preliminary objection in the Area Customary Court, Oredo, Benin City. The trial court had overruled the Appellants’ objection and assumed jurisdiction over a dispute that both parties described as relating to title over a parcel of land at No. 6, Owina Street, Uzebu Quarters, Benin City. Dissatisfied, the Appellants appealed on the ground that the Area Customary Court lacked jurisdiction to adjudicate title disputes in urban areas under the Urban Area Designation Edict 1978 and Section 39(1)(a) of the Land Use Act.
Issues
The Court condensed the arguments into a sole issue:
- Whether the Area Customary Court, Oredo, had jurisdiction to entertain a suit whose pith and substance was a Benin customary law inheritance dispute over property in an urban area.
Ratio Decidendi
- The jurisdiction of a court is derived exclusively from the statute creating it and the subject matter before it.
- Customary Courts Edict 1984 (Bendel State, applicable to Edo State) Section 20(1) and its First Schedule Item 5 confer unlimited jurisdiction on Area Customary Courts over matters of inheritance upon intestacy under customary law.
- Where claims and counterclaims both seek a declaration of right to inherit under customary law, the dispute is one of inheritance, not title to land simpliciter.
- A claim for ancillary relief such as injunction does not convert an inheritance dispute into a title dispute requiring High Court jurisdiction.
Court Findings
After reviewing the pleadings, evidence adduced at trial, and the briefs of both counsel, the Court found:
- The Respondent’s principal relief was a declaration of his status as the eldest surviving son entitled to inherit the Igiogbe under Benin native law. The Appellants’ counterclaim mirrored that relief.
- Both parties sought ancillary injunctions but no sale or conveyance document was in issue.
- The true character of the dispute, as highlighted in depositions and orders sought, was a contest over customary inheritance, not a pure contest of title that falls exclusively under High Court jurisdiction for urban land.
- Precedents such as Lamidi Adegoke & Anor v. Sabale motu Sanni Adesina (2000) and Jerome v. Jerome & Anor (2013) demonstrate that where the subject matter is intestate inheritance under customary law, Area Customary Courts have jurisdiction even if the land is in an urban area.
Conclusion
The High Court held that the Area Customary Court, Oredo, had jurisdiction to adjudicate disputes over customary inheritance under Section 20(1) of the Customary Courts Edict 1984 and the relevant customary law rules. The appeal was dismissed and N100,000.00 costs awarded to the Respondent.
Significance
This decision clarifies the scope of customary court jurisdiction in Edo State: although Section 39(1)(a) of the Land Use Act grants the High Court exclusive jurisdiction over title disputes in urban areas, the Area Customary Court retains unlimited jurisdiction over inheritance matters under customary law, even when properties lie within urban boundaries. It emphasizes that ancillary injunctions do not alter the substantive nature of a customary inheritance claim.