HUSSEIN MUKHTAR, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal delivered on the 26th day of June 2014 setting aside the judgment of the Upper Sharia Court 1, Birnin Kebbi.
The Appellant commenced this matter at the Upper Sharia Court, 1, Birnin Kebbi, Kebbi State claiming that the Respondents' younger brother called Umaru attached his building to the Appellants structure.
After the trial, the said Upper Sharia Court 1, Birnin Kebbi, Kebbi State delivered its judgment against the Appellant based on his neglect to challenge the encroachment within a reasonable time and therefore lost his right.
The Appellant, being dissatisfied with the said judgment of the Upper Sharia Court thereafter appealed to the Kebbi State Sharia Court of Appeal, Birnin Kebbi.
The lower Court affirmed the judgment of the Upper Sharia Court 1, Birnin Kebbi, Kebbi State and confirmed that the 2 course blocks made by Umaru on the structure of t…