HUSSEIN MUKHTAR, J.C.A.(Delivering the leading Judgment): This is an Appeal against the judgment of the Kebbi State Sharia Court of Appeal sitting at Birnin Kebbi delivered on 22nd February 2017, coram; Hon. Dr. Tukur Sani Argungu (Kadi), Hon . Alh. Abubakar Magaji Vole (kadi), Hon. Alh. Bawa Bello Dakin Gari (kadi). The Court below affirmed the judgment of the Upper Sharia Court 2, Birnin Kebbi in suit No USC/II/BK/CVA/2016 - IBRAHIM MAGAWATA ALJANNA V. BAKO ZUMBAI BADABAI.
The Appellant sued the Respondent before Sharia Court Birnin Kebbi for declaration of title to a farmland which he claimed was given to the Respondent on loan by the Appellants father on condition that two bags of groundnut would be given to his father at each harvest. When the claim was read, the Respondent claimed that he bought the farmland in dispute from the Appellant's father. After hearing both the parties, the Appellant took oath and the trial Court entered Judgment in favour of the Appellant by declaring t…