(1988) JELR 40075 (CA)    

Court of Appeal  ·  CA/K/20/83 ·  17 Feb 1988 ·  Nigeria
Other Citations
Atiku v Bodinga (1988) 2 NWLR (Pt. 76)
SANI SALITH AIKAWA Justice of The Court of Appeal of Nigeria JOSEPH DIEKOLA OGUNDERE Justice of The Court of Appeal of Nigeria OKAY ACHIKE Justice of The Court of Appeal of Nigeria
Core Terms Beta
alhaji bala bodinga
abdul nasir mafara
alhaji mamman dan auta
khadi of sharia court
alhaji dan auta
alhaji haido
appellant put
appellate jurisdiction
argument of the parties
brief of argument
chief judge
competence of the court
decision of sokoto state high court
decision of the upper area court
due process of law
evidence of plaintiff witnesses
fulfilment of any condition precedent
grounds of appeal
hajiya dije
hearing of this appeal
high court judges
high court of kano state
high court sokoto
hon. u.a. kalgo
house of alhaji bala bodinga
joseph diekola ogundere
judges of the high court of justice
leading judgment
mallam ado
panel of the said high court
panel of the sokoto state high court
plaintiff alhaji altine
present case
records of that court
sani salith aikawa
sokoto high court
subject-matter of the case
third member of the panel
trial judge
unreported appeal fca
upper area court sokoto

SANI SALITH AIKAWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of Sokoto State High Court, constituted by Abdul Nasir Mafara, Khadi of Sharia Court, Hon. U.A. Kalgo, Chief Judge and Hon. N.M.A. Suka, Judge. The suit was initiated at the Upper Area Court Sokoto. The records of that court states thus:-

"The plaintiff Alhaji Altine said, I was suing Alhaji Dan Auta, Alhaji Haido and Alhaji Bala Bodinga because Alhaji Mamman Dan Auta had advertised the house of Alhaji Bala Bodinga to me which house, was located at Kwanni area here in Sokoto and I bought it from him at the cost of N42,000."

In reply to the above claim, Alhaji Mamman Dan Auta said, "it was not Alhaji Bala Bodinga that asked me to sell the house, it was on my own, I asked Alhaji Altine to buy the house and he bought it at N42,000 of which he gave me N1,000 which I kept and was still with me. When I met Alhaji Bala Bodinga, I told him and he said to me he was not going to sell the house."


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