MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): At the Maiduguri Upper Area Court No.1 the plaintiff, now appellant instituted an action against the defendant, now respondent claiming 12 cows from the respondent.
The Upper Area Court No.1 herein called the trial court entered judgment in favour of the appellant herein, the cows were given to him.
The respondent herein successfully appealed to the Borno State Sharia Court of Appeal herein referred to as court below.
This appeal therefore is against the decision of the Borno State Sharia Court of Appeal. I reproduce the grounds of appeal as contained on the Notice of Appeal filed thus:-
1. The Borno State Sharia Court of Appeal erred in law by entertaining the appeal when it clearly lacked jurisdiction over it
Particulars of Error:
(a). The claim before the Upper Area Court No. 1, Maiduguri did not disclose any issue of Islamic Law.
(b) The Notice of appeal before the lower court dated 8th June, 1993 did not disclose any is…