FADA
V.
MAKIRA

(2018) JELR 38804 (CA)    

Court of Appeal  ·  CA/S/26S/2013 ·  18 May 2018 ·  Nigeria
CORAM
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appeal
claim
dispute
question of islamic personal law
trial court
islamic personal law
instant case
marriage
respondent
decision of the trial court
lower court
claim of the appellant
decision of the upper sharia court yauri
farm land
hussein mukhtar
land dispute
magaji v. matari
plaintiffs claim
purview of islamic personal law
respect of declaration of title
anor v. alh mamman
cases of faransi vs. noma
civil proceedings
complete agreement
decision of the court
end of the trial
family relationship
frederick oziakpono oho
issue of islamic personal law
issue of title
jurisdiction of a court
kebbi state sharia court of appeal
kwara state vs. lafiagi
lawal shuaibu j.c.a.
leading judgment
legal position
notice of appeal
provision of section
question of dispute of ownership
respondents
sharia court yauri
singular ground of appeal
supreme court
trial court affects
ummara fannami v. bukar sarki
upper sharia court yauri
v. akinnawo
yahaya suleman

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The Appellant sued the respondents father one Makira Sule before Sharia Court Yauri (hereinafter referred to as the trial Court) claiming the recovery of a farmland which the Appellant claimed to have inherited from his father.

The Respondent denied the claim and counter claimed that he too inherited the farm land in dispute from his ancestors.

At the end of the trial, the Court entered judgment for the respondent's father. Dissatisfied with that decision of the trial Court, the appellant appealed to the Upper Sharia Court Yauri, which reversed the decision of the trial Court.

The respondent was similarly dissatisfied with the decision of the Upper Sharia Court Yauri and he further appealed to the Kebbi State Sharia Court of Appeal (hereinafter referred to as the Court below) which, after hearing the parties, allowed the appeal, and restored the decision of the trial Court.

Dissatisfied with the decision of the Court below, the ap…

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