AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 30th May, 2006 by the High Court of Justice, Niger State (Appellate Division) (coram: Hon. Justice Jibrin N. Ndajiwo - C.J and Hon. Justice Christopher I. Auta) in APPEAL NO. NSHC/MN/3A/2005 - BALA AHMED V. UMARU MOHAMMED. The said High Court will hereinafter be simply referred to as "lower court". The lower court in its judgment dismissed the appeal of the Appellant.
The facts of this case as can be gathered from the record of appeal are that the Appellant before the lower court (and who is equally the Appellant before this Court) as plaintiff commenced the instant case on appeal before the Upper Sharia Court of Niger State holden at Minna. The Upper Sharia Court will hereinafter be simply referred to as "the trial court"). The Appellant's particulars of claim before the trial court as set out at pages 1 - 2 of the Record read thus: -
"The Plaintiff claim (sic) agai…