KAKALE & ANOR
V.
NOMA

(2018) JELR 38933 (CA)    

Court of Appeal  ·  CA/S/133/2016 ·  24 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
appeal
high court
criminal proceedings
islamic law
appellate jurisdiction
law
appellants
leave of court
notice of appeal
notice of preliminary objection
decision of the federal high court
lower sharia court
appellants father
decision of the high court
favor of the respondent
final decisions
following cases
judgment of the high court of sokoto state
provisions of section
sharia court of appeal
such leave
appeal no ca
appeal no. ca
appeal of the respondent
argument counsel
case of efet
cases of dr. abdullahi baba abdul
concurrent decisions of the upper sharia court
concurrent findings of the trial courts
courts proceedings
decision of the high court of justice
decision of the trial court
decision of the trial courts
decision of the upper sharia court
decision of this court
decisions of the federal
decisions of the lower
essence of a preliminary objection
further steps
ground of lack of jurisdiction
grounds of lack of jurisdiction
involved question of law
judgment of the trial court
leading judgment
leave of high court
orders of this court
plethora of decided cases
trial courts
upper sharia court
virtue of section

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Sokoto State in Suit No: SS/USC/3A/14., which affirmed the concurrent decisions of the Upper Sharia Court, Binji, Sokoto and the Lower Sharia Court, Silame. The Appellants had at first appealed to the Sharia Court of Appeal (SCA) Sokoto, in which the concurrent findings of the trial Courts were set aside. This led to the Respondent as Appellant, appealing to this Court in Appeal No. CA/S/152S/2013, in which the judgment of the SCA Sokoto was set aside on ground of lack of jurisdiction and transferred on the orders of this Court to the Court below. The Court below heard and determined the appeal in favor of the Respondent hence this appeal.

At the inception of this matter, at the Lower Sharia Court, Silame where the Respondent as Claimant commenced this action for a Declaration of Title to a piece of land against the Appellants Father, he called a total of six witn…

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