(2018) JELR 38806 (CA)    

Court of Appeal  ·  CA/S/78S/2016 ·  18 May 2018 ·  Nigeria
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
kebbi state
question of islamic personal law
sharia court of appeal
court of appeal
islamic personal law
family relationship
hussein mukhtar
judgment of the shari
sharia court
appellants dissatisfaction
application of islamic law
civil proceedings
court jega
court of appeal of kebbi state
decision of the shari
decision of the upper sharia court jega
elementary principle of law
favour of the respondent
frederick oziakpono oho
ground of want of jurisdiction
grounds of appeal
instant appeal
judgment of the upper shari
land dispute
leading judgment
lone issue
long line of decided cases
lower court
lower courts
owner of the land
questions of islamic personal law
root of the case
scope of the jurisdiction of the lower court
simple claim of title
stage of the proceedings
upper sharia court jega
younger brother dikko

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Shari'a Court of Appeal of Kebbi State delivered on 20th March 2013, wherein the judgment of the Upper Shari'a Court Jega, Kebbi State was upturned.

The Respondent commenced the matter at the Sharia Court, Karaye, Kebbi State claiming that the Appellant holds her father's farmland which the father lent to his younger brother Dikko before he died.

The Shari'a Court, Karaye, Kebbi State delivered its judgment in favour of the Respondent, which provoked the Appellants dissatisfaction with the said judgment. The Appellant further appealed to the Upper Sharia Court Jega, Kebbi State which similarly dismissed the appeal and affirmed the decision of the Shari'a Court, Karaye, Kebbi State.

The Respondent was dissatisfied with the decision of the Upper Sharia Court Jega, Kebbi State and as such appealed to the Shari'a Court of Appeal, Kebbi State wherein the Court below reversed the decision…

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