ABDULKADIR
V.
MUSA
·
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…