ABDULKADIR
V.
MUSA

(1998) JELR 45624 (CA)

Court of Appeal · CA/J/18S/97 · 3 Dec 1998 · Nigeria
·

Other Citations

Abdulkadir v. Musa (1999) 1 NWLR (Pt. 587) 348

CORAM

MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appeal

jurisdiction

appellant

lower court

respondent

case

present case

sharia court of appeal

counter-claim

claim

trial court

high court

islamic law

learned counsel

trial tribunal

decision of the rent tribunal

leading judgment

plateau state

question of islamic law

ruling of the lower court

sharia court of appeal of plateau state

case of hada v

favour of the respondent

hearing of the appeal

jurisdiction of an appellate court

recovery of premises tribunal

rent control

sharia court

area courts

authority of thamarudani

brief of argument

briefs of arguments

counter-claim of the house

crucial point

decision of other courts

dismissal of the said counter-claim

exclusive jurisdiction

final analysis

following issue

interlocutory injunction

issues of islamic law evidence

learned chairman

members of the rent tribunal

recovery of possession of a house

respective counsel

respondent claim

risola of ibn abi zaid

rules of this court

substantial issues of islamic law

ADAMU, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal was sued as defendant by the respondent as plaintiff at the Rent Control and Recovery of Premises Tribunal, Bukuru near Jos for recovery of possession of a house situate at No.20 Thomas Street, Bukuru. The respondent had two witnesses to prove his claim while the appellant who made a counter-claim of the house on the basis that it was given to him as a gift (hiba 'a) in accordance with Islamic law also called two witnesses to prove his counter-claim and in his defence to the respondent claim. At the conclusion of hearing and after considering the evidence of both parties and the addresses or their respective counsel, the learned chairman and members of the Rent Tribunal entered judgment in favour of the respondent and gave him possession of the house. The appellant who was aggrieved with the decision of the Rent Tribunal appealed against it to the Sharia Court of Appeal of Plateau State holden at Jos (the lo…

ABDULKADIR V. MUSA

ABDULKADIR
V.
MUSA