HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal challenges the judgment of the Sharia Court of Appeal of Sokoto State in appeal No: SCA/SK/79/2012, delivered on 6th June, 2013 wherein the Court below upturned the decision of the Upper Sharia Court Sokoto (See pages 27-28 of the Record of Appeal.)
The Respondents initiated an action at the lower Sharia Court Durbawa, where they sued in respect of a piece of land, which they claimed to have inherited from their deceased father. The appellants however denied the respondents claim. After full trial, judgment was delivered in favour of the Respondents. (See pages 710 of the Record of Appeal).
The Appellant was dissatisfied and therefore appealed to the Upper Sharia Court Sokoto, where the judgment of the trial Court was upturned. The Respondents being disgruntled further appealed to the Sharia Court of Appeal, Sokoto State which, upturned the judgment of the Upper Sharia Court, Sokoto and upheld the decision of the tri…