MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Sharia Court of Appeal Birnin Kebbi, Kebbi State delivered on the 14th February, 2012 wherein it set aside the judgment of the Upper Sharia Court, Jega, Kebbi State at page 12 13 of the record of appeal thus:
Based on this the U.S.C Jega decided the case by confirming the issue in dispute to the respondents. But A. Saidu is not satisfied with this decision as such he appealed. After the parties deliberation, we also took into consideration the lower Court copy of proceeding, as stated supra. We observed that A. Saidu has credible witnesses. They are Abubakar Rabiu who testified that respondents father, Rabiu told him that the farms belong to M. Saidu and they are with him when Alh. Habibu was asked they said this testimony by the witness is as it is his testimony has truth in it. This type of witness cannot be said that he has to add with swearing on oath. This is because he con…