(1988) JELR 39714 (CA)    

Court of Appeal  ·  CA/J/99/87 ·  29 Sep 1988 ·  Nigeria
Other Citations
Abuja v Bizi (1989) 5 NWLR (Pt.119)
Abuja v. Bizi (1989) 5 NWLR (Pt. 119) 120
UTHMAN MOHAMMED Justice of The Court of Appeal of Nigeria UMARU MAIDAMA Justice of The Court of Appeal of Nigeria SANI SALITH AIKAWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
islamic personal law
jurisdiction of the sharia court of appeal
islamic law
learned counsel
borno state
definition of islamic personal law
personal status
subject matter
alhaji hassan abuja
borno state sharia court of appeal
determination of the appeal
hajiya dije
respect of contract of sale
trial court
upper area court
amendment decree
book of islamic law of personal status
brief of argument
certificate of occupancy no.005202
constitution suspension
decision of the upper area court nguru
determination of this appeal
egyptian court of cassation
family descriptions of a known person
first question
following issues
full legal capacity
islamic law of contract
islamic law of personal status
issue of islamic personal law
issue of jurisdiction of the sharia court
judgment of this court
leading judgment
legal effects
mallam jawi mohammed
modification decree
moslem judge
nguru upper area court
persistent demand
position of the law
prosecution of this appeal
recent amendment
registration no.
s.242 of the constitution of the federal republic
sani salith aikawa
social life
view of the weight of evidence

UTHMAN MOHAMMED, J.C.A. (Delivering the Leading Judgment): In the Brief of Argument filed by the appellant for the prosecution of this appeal, his counsel formulated the following issues for the determination of the appeal:

(1) Whether the Borno State Sharia Court of Appeal has jurisdiction to entertain an appeal in respect of contract of sale as at 22/5/84 even though Islamic Law of contract was applied.

(2) If it has jurisdiction to so entertain the appeal, whether it was proper to interfere with the decision of the Upper Area Court Nguru, the trial court in view of the weight of evidence before the trial court.

The first question for determination of this appeal which I have reproduced above touches the issue of jurisdiction of the Sharia Court of Appeal to determine the matter in dispute between the parties in this appeal. It is pertinent, therefore, to refer to the claim filed by the respondent, before the Upper Area Court, Nguru, against the appellant. The case is a representat…

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