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BUBA & ANOR.
V.
MUSA & ANOR.

(2006) JELR 45790 (CA)    

Court of Appeal  ·  CA/J/203S/2003 ·  7 Aug 2006 ·  Nigeria
 · 
Other Citations
Buba v. Musa (2007) 7 NWLR (Pt. 1032) 27
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria MUHAMMAD LADAN TSAMIYA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
case
appeal
respondents
counsel
jurisdiction
issues
jurisdiction of the sharia court of appeal
law
question of islamic personal law
trial court
appellants
decision of the trial court
family relationship
judgment of the trial court
sharia court of appeal
trial judge
cases
client's case
decision of the sharia court of appeal
grounds of appeal
leading judgment
particulars of error
upper area court
village head
yobe state
aggrieved party
court of appeal
directive of the village head
economic situation
ethics of the profession
favour of the appellants
favour of the respondent
following issues
great pity
hands of the 2nd respondent
heavy burden
imam malik
i. t. muhammad
jurisdiction of the lower court
land matters
lower court
possession of the appellants
possession of the farmland
preparation of cases
records of proceedings
state sharia court of appeal
subject matter of the case
supreme court
trial
view of the principle of islamic law

TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Sharia Court of Appeal, Damaturu in Yobe State. The respondents, as plaintiffs, sued the appellants - as defendants, before the Upper Area Court, Yusufari, in Yobe State, claiming, re-possession of the farmland belonging to their father, which they inherited but on migration to Gazama, they left it. When they came back they met the farm in possession of the appellants.

The case went on trial, whereby the trial court without hearing any evidence from both sides and after inspecting the farmland in dispute gave judgment in favour of the appellants. Being dissatisfied with the decision of the trial court, the respondents appealed to the State Sharia Court of Appeal, Yobe, where the decision of the trial court, was set aside in favour of the respondent on the principle of Gasb' (usurpation). The appellant being not satisfied with the decision of the Sharia Court of Appeal, then appealed to thi…

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