(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
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
lower court
present case
sharia court of appeal
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…

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