KWATTE
V.
ISAH

(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

CORAM

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

appeal

court

sharia court of appeal

jurisdiction

islamic personal law

trial court

law

birnin kebbi

issue

declaration of title

decree no.

muntaka-coomassie

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.

Particulars

(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…

KWATTE V. ISAH

KWATTE
V.
ISAH