Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 39774 (SC)    

Supreme Court  ·  SC.293/1991 ·  19 Jun 1998 ·  Nigeria
Other Citations
Alkamawa v. Bello (1998) 8 NWLR (Pt.561)173 (1998) 6 S.C 92 (1998) All N.L.R 231
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
2nd respondent
right of pre-emption
court of appeal
islamic law
right of shufa
area court grade 1c
high court
muslim personal law
next-door neighbour
appellate jurisdiction
area court
islamic law of the maliki school
leading judgment
northern states of nigeria
said house
1st option
abubakar bashir wali
alhaji malami yabo
applicable islamic law
applicable principle of islamic law
decision of the trial area court
defendant hassan
following conclusions
following definition
hassan bello magajin rafi sokoto
islamic procedural law
learned trial area court judge
life time
magaji ila alkamawa
majority view
majority view of the jurists
maliki law
market price
muslim law of maliki school
muwatta malik vol.
name of allah
right of pre-emption of the appellant
ruxton-maliki law
sahihul bukhari vol.
sokoto town
trial judge

ABUBAKAR BASHIR WALI, JSC (Delivering the Leading Judgment): The appellant as plaintiff complained before Area Court Grade 1C sitting in Sokoto town as follows:

"I Magaji Ila Alkamawa, I am suing Hassan Bello Magajin Rafi Sokoto because I am holding his father's house Magajin Rafi Bello who loaned it tome. The house has been in my hand for more thaneight years and I am a neighbour to the house from the east west and south, Magajin Rafi is now dead. The defendant Hassan came to me and told me that they wanted to sell the house. I then told him that I want to buy the house. Already the house has been put to market as I said that after obtaining its market price which is accepted to him. I will pay the money. It was later after five days I heard from him that the house was sold at the cost of ₦26,000.00. In fact, the wall of my own house where I formerly lived is linked to the said house. So also some of my properties including my sheep, motor spare parts and drums and kept in that house.…

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