MURITALA AREMU OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal holden at Birnin Kebbi delivered on 24/8/94. The facts of this case briefly put were as follows:-
The respondent herein as plaintiff before Upper Area Court Jega in Suit No. UAC/JG/CV/FI/29/94 had sued the appellant as defendant claiming a farm which he alleged was given on loan by his father to the father of the appellant, and when their fathers died the appellant pleaded with the respondent for the continuation of the loan. The respondent alleged that he had agreed to the request of the appellant on condition that the appellant like his late father who continue to give certain proportion of what was harvested from the farm and that this should be made to the respondent through his sister Hadiza. He was suing to repossess the farm because after the death of Hadiza the appellant breached the condition. The appellant denied the claim of the res…