ABBA
V.
VIJAY

(2018) JELR 38915 (CA)    

Court of Appeal  ·  CA/K/525/2014 ·  10 May 2018 ·  Nigeria
CORAM
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
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lower court
respondent
appeal
trial court
islamic law
nwlr part
grounds
high court
appellants counsel
fact
appellate jurisdiction
criminal proceedings
grounds of appeal
appellants appeal
leave of this court
notice of appeal
notice of preliminary objection
subject matter
constitution of the federal republic of nigeria
following cases
grounds of law
locus of the plaintiff
para b-f
questions of law
respect of a foreign exchange transaction
terms of settlement
appellants brief of arguments
appellants ground of appeal
claim of the plaintiffs claim
competence of the appeal
constitutional requirement of leave
courts determination
decision of the high court
decision of the high court of kano state
fair hearing
following grounds
high court of appeal kano
honourable court lacks jurisdiction
judgment of the high court of kano state
judgment of the upper sharia court
leading judgment
nature of the case
para c-e
prosecution of his appeal
respondents brief of arguments
respondents counsel
substantive issues
trial upper sharia court fagge
united bank

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kano State sitting in its appellate jurisdiction, in a judgment delivered on 30th December, 2013 by Hon. Justices Wada Abubakar Umar Rano and Dije Aboki, affirming the judgment of the Upper Sharia Court, Fagge, in which the Appellant was ordered to pay to the Respondent the sum of N17,765,000.00 (Seventeen Million Seven Hundred and Sixty Five Thousand Naira) being money owed by the Appellant in respect of a foreign exchange transaction. Aggrieved by this judgment, the Appellant filed a Notice of Appeal on 28/1/14 of four grounds.

In prosecution of his appeal, the Appellants Counsel, Ibrahim Aliyu Nassarawa, Ahmad Muhammad and Sani Isa Ibrahim Esqs., of Nassarawa Muazzam and Co. in the Appellants Brief of Arguments, filed on 2/2/16 but deemed properly filed by the Court on 14/4/16, distilled three issues for the Courts determination, namely:

1. Whether th…

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