(1998) JELR 45630 (CA)    

Court of Appeal  ·  CA/K/232/95 ·  9 Dec 1998 ·  Nigeria
Other Citations
Kwatte v. Isah (1999) 1 NWLR (Pt. 588) 638
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
Core Terms Beta
sharia court of appeal
islamic personal law
trial court
birnin kebbi
declaration of title
decree no.
personal law
provisions of section
constitution of the federal republic of nigeria
decision of the court
grounds of appeal
issue of jurisdiction
lower court
said amendment
upper area court argungu
amended notice of appeal
claim of ownership of a farm land
evidence of the parties
farm land
fundamental issue
future considerations of the remaining issue
good cause
inheritance of the farm land
introduction of the amendment
islamic personal laws
issue of size
judgment of the kebbi state sharia court of appeal
judgment of the sharia court of appeal
judgment of the trial court
judgment of the upper area court yeldu
leading judgment
notice of appeal
ownership of a farm land
ownership of the farmland
services of a counsel
sharia court of appeal birnin kebbi
sharia court of appeal kebbi state
similar situation
submissions of the learned counsel
supreme court decision
upper area court
weight of evidence

MUNTAKA-COOMASSIE, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal delivered on the 24th January. 1995 hereinafter called the court below.

In the Upper Area Court Argungu, herein referred to as the trial court, the plaintiff, now appellant, sued the defendant/respondent herein claiming for a declaration of title and ownership of the farmland, in dispute and got judgment. The respondent appealed to the court below sitting at Birnin Kebbi which court allowed the appeal and set aside the judgment of the trial court. The appellant then appealed against the decision of the court below and filed a notice of appeal, the amended notice of appeal contains four grounds of appeal thus:-

1. The Sharia Court of Appeal, Birnin Kebbi lacks jurisdiction to entertain the appeal.


(a) The dispute regarding title to and ownership of a farm land are not matters bordering on inheritance of the farm land.

(b) The appella…

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