KOJIYO & ORS
V.
SALISU

(2018) JELR 39151 (CA)    

Court of Appeal  ·  CA/S/31S/2014 ·  25 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
evidence
appellants
appeal
defence counsel
grounds of appeal
issue no.2
record of appeal
evidence of pw1
witnesses
lone issue
sharia court of appeal
sokoto state
adverse party
appellants counsel
notice of appeal
sharia law
upper sharia court
favour of the respondent
issues
lower courts
lower sharia court goronyo
ratio decidendi of the case
additional grounds of appeal
additional grounds of appeal of the appellants
amended grounds of appeal
authourity of hashiyatul dasuki vol.4 page
cbn v okojie
credible witnesses
elendu v ekwoaba
evaluation of evidence
grounds of appeal of the appellants
impeachment of the testimony of the respondent witnesses
incompetent grounds
judgment of the sharia court of appeal
judgments of the trial sharia court
junior brother
leading judgment
learned justice
nimpa v pyendang
preliminary objection of the competence of grounds
present case
pw2 pw4
respective arguments
said grounds
support of such issue
tenets of islamic law
trial sharia court goronyo
unimpeachable witness
upper sharia courts
weight of evidence

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Sharia Court of Appeal, Sokoto, Sokoto State delivered on 30/9/2013 in which judgment was entered in favour of the respondent herein. The respondent was the plaintiff at the lower Sharia Court Goronyo wherein he instituted a suit against the appellants claiming that the farmlands in their possession belongs to the authorities of Kojiyo chiefdoms.

The trial Sharia Court Goronyo, summoned the defendants (now appellants) before it and after it read out and explained the claim against them, they all denied the claim insisting that they inherited the farmlands from their parents. The plaintiff called 7 witnesses and tendered one exhibit while the appellants called no witness. The Court conducted lizari made its observation/findings and opine that the defendants have no right to hold possession of the farms given to them on loan and upon which they were giving sufari and therefore …

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