Decoding Section 28 MCL Lagos: Magistrate Court Jurisdiction

In this post, we are examining Section 28 of the Magistrates' Court Law (MCL) of Lagos State, 2009. In Civil Litigation, this is the absolute anchor provision that dictates the Civil Jurisdiction (Territorial, Monetary, and Subject Matter) of the Magistrate Courts in Lagos State.

Examiners will constantly test your knowledge of the monetary limits and the specific exceptions under this section.

Here is your Extensive Breakdown of Section 28 of the MCL, drawn directly from our litigation materials.

SEGMENT 1: THE GENERAL MONETARY LIMIT

• The Rule: As a general rule, Section 28 of the MCL caps the civil jurisdiction of the Magistrate Courts in Lagos State at a maximum monetary limit of N10,000,000.00 (Ten Million Naira) at the time of filing.
• (Note: The categorization of Magistrates into different grades has been abolished in Lagos; hence, this N10 million limit applies uniformly across all Magistrate Courts in the State).

SEGMENT 2: SUBJECT MATTER JURISDICTION

Under Section 28(1) and (2) of the MCL, the Magistrate Court is empowered to hear and determine the following matters:

• Contract and Tort: All personal actions arising from contract, tort, or both, provided the debt or damage claimed (whether as a balance of account or otherwise) does not exceed N10 million.
• Statutory Penalties/Rates: Actions for the recovery of penalties, charges, rates, taxes, expenses, or costs related to the enforcement of statutory provisions.
• Appeals: Handling appeals from the Customary Court.
• Injunctions: The grant of injunctions or orders to stay waste, alienate property, or restrain breaches of contract or tort, or for the detention and preservation of subject property.
• Guardianship: The appointment of a guardian ad litem and the issuance of orders and directions related to their appointment.

SEGMENT 3: THE EXAM TRAP (TENANCY MATTERS)

This is the most highly tested aspect of Section 28 in your Bar Finals.

• The Annual Rental Value Rule: For actions between a landlord and tenant for the recovery of possession of any premises (land, agricultural, residential, or business), the Magistrate Court has jurisdiction as long as the Annual Rental Value does not exceed N10,000,000.00 at the time of filing.
• The Statutory Proviso (The Trap): If the Annual Rental Value is N10 million or below, the court has jurisdiction. Crucially, the claimant may, in addition to claiming possession, claim arrears of rent and mesne profits irrespective of the fact that the total cumulative claim exceeds the N10 million threshold.
• (For example, if the annual rent is N5 million, but the tenant owes 3 years of arrears totalling N15 million, the Magistrate Court still has valid jurisdiction because the annual rental value itself is under N10 million).

SEGMENT 4: STATUTORY EXCLUSIONS (SECTION 28(7))

You must also know what the Magistrate Court cannot do. Under Section 28(7) of the MCL, the Magistrate Court is strictly stripped of jurisdiction to entertain the following:

• Matters relating to title to land or any interest in land.
• Matters relating to the validity or limitation of a will, bequest, or settlement.

SUMMARY CHECKLIST FOR EXAMS

• What does S. 28 MCL Lagos deal with? The civil jurisdiction of the Magistrate Courts in Lagos State.
• What is the general monetary limit? N10,000,000.00 (Ten Million Naira).
• How is jurisdiction determined in tenancy matters? By the Annual Rental Value, which must not exceed N10 million.
• Can the court hear a tenancy matter if arrears of rent exceed N10 million? Yes, provided the annual rental value is N10 million or below.
• Can a Magistrate Court declare title to land? No. Section 28(7) strictly prohibits it.

Ready to test your knowledge?

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