OLABODE RHODES-VIVOUR, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the Court of Appeal (Sokoto Division) delivered on 16 March, 2016 wherein the Court ordered that the appeal be transferred to the appellate Division of the High Court Kebbi State for hearing. The course which the proceedings have taken, and the relevant facts shall now be set out.
The appellant as plaintiff sued the respondent (and his heirs) as defendant before a Sharia Court in Kebbi State for compensation for building a house for the defendant. On 16 July, 2013 the Sharia Court entered judgment as follows:
Therefore, the Court has decided that they should pay him the sum of N30,000 for his structures if they fail to pay, then he should pay them N45,000 for the cost of their plot.
Aggrieved by this judgment, Mohammed Sani Sauwa, who was not a party in the trial Court filed an appeal. The appeal came before the Upper Sharia Court 1, Argungu. On 23 April, 2014 the Court entered judgment. It reads as fol…