Adjudication of Tenancy Matters: An Unending Debate of the Jurisdiction of the Federal High Court of Nigeria
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Date
202
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Publisher
Redeemer's University Law Journal
Abstract
There seems to be no end to the controversy surrounding the jurisdiction of the Federal High Court under the provision of the S. 251 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Decree 107 of 1993. The more the Courts interpret these provisions, the more cases come before the court. This work therefore takes a deep reflection of the purport of these provisions of Nigerian ground norm and interrogates the continuous misinterpretation and misapplication of the extant provision of our laws with regards to the case of Abdul Raheem v Oduleye decided in 2019. It is settled law that the jurisdiction of a court is determined by the statute that created the court, (in this case the constitution of the Federal Republic of Nigeria 1999 as amended) that is section 251 (1) (a) to (s), plaintiff's claim as endorsed in the writ of summons and the statement of claim. It is clearly not the rules of court that vest jurisdiction in the court; rather it is the statute creating the court. This work will therefore interrogate statutes, claims of parties and investigate why the jurisdiction of the Federal High Court is now extended to tenancy matter as decided in the above named case and will make recommendations thereafter
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Keywords
Constitution, Jurisdiction, Federal High Court, Tenancy Laws