Ratio DecidendiRatio Decidendi


(1998) JELR 45688 (CA)    

Court of Appeal  ·  CA/K/22/S/96 ·  24 Feb 1998 ·  Nigeria
Other Citations
Korau v. Korau (1998) 4 NWLR (Pt. 545)
Ojelade v. Soroye (1998) 5 NWLR (Pt. 549) 284
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
sharia court of appeal
jurisdiction of the sharia court of appeal
trial upper area court
plaintiffs claim
question of islamic law
supreme court
appellate jurisdiction
learned counsel
mortgage fee
sharia court of appeal lacks jurisdiction
claim of plaintiff
grounds of appeal
jurisdiction of the sca
kaduna state sharia court of appeal
leading judgment
lower court
said farmland
way of reply
appellant mr. b. babaji
bazai korau
commencement of decree no.1
constitution sharia court
decision of the trial upper area court
decision of the upper area court
disputed land
facts of this case
high court of kaduna state
issue no.
judgment of the sharia court of appeal
judgment of the trial upper area court
kaduna state
light of the foregoing authorities
mortgage of land
order of this court
piece of farmland
present respondent
prevailing law
provisions of subsection
question of islamic personal law
recent times
records of appeal
respective briefs
supreme court decision
trial court
unreported appeal no. ca

OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Sharia Court of Appeal of Kaduna State delivered on 21/12/94 sitting in Zaria wherein the court allowed the appeal by the present respondent against the earlier decision of the trial Upper Area Court, Ikara.

The facts of this case briefly put were as follows:

The claim of plaintiff/appellant before the trial Upper Area Court as per page 1 of the records was that she mortgaged a piece of farmland to the defendant/respondent at the sum of ₦300.00 and she prayed the court to recover the said farmland for her from the respondent and to order him to take back his ₦300.00 as mortgage fee. The defendant/respondent denied the plaintiffs claim and asserted that he purchased the farmland first from her father at thirty shillings but when she denied that sale, he re-purchased the same farmland from her at the cost of ₦300.00.

At the trial Upper Area Court both parties called witnesses and in the end th…

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