SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The High Court of Borno State sitting in Maiduguri on the 29th October, 2015, by the Judgment delivered same date, had reason to strike out Suit No. BOGC/MG/CV/25/14 for want of jurisdiction, in that the subject-matter, the House located at No. 2 Kaduna Street, Shagari Low Cost, Gubio Road, Maiduguri was a gift made to the Respondent in accordance with the Muslim or Islamic personal law and for which reason the High Court of Borno State lack the jurisdiction to entertain the matter or anything connected thereto. The Court also struck out the claim for the reason that the body of Shagari Low-Cost Muslim Umma is not a juristic person.
The appellant had instituted action at that Court on behalf of SHAGARI LOW-COST MUSLIM UMMA vide the Writ of Summons and claimed all the reliefs set out at Paragraph 26(i)-(ii) in the Statement of claim dated 12th January,2014 and filed on the 24th January, 2014.
The Defendant now Respondent fil…