Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 44165 (SC)    

Supreme Court  ·  SC.136/1994 ·  12 May 2000 ·  Nigeria
Other Citations
Magaji v. Matari (2000) 8 NWLR (Pt.670)722
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
sharia court of appeal
court of appeal
question of islamic personal law
jurisdiction of the sharia court of appeal
family relationship
farm land
sharia court of appeal bauchi
defendant alhaji usman magaji
upper area court bauchi
decision of nabardo area court
leading judgment
nabardo area court
paragraphs c-f
plaintiff's claim
provisions of order
subject matter
upper area court toro
a. b. wali
a. g. karibi-whyte
ambit of section
case no. cva
civil procedure
company of the parties
constitutional amendment
court hold
decision of uac bauchi
following complaint
futile attempts
inapplicability of islamic law principle of hauzi
islamic law principle of hauzi
judgment of nabardo area court
judgment of toro upper area court
late father
learned trial judge
order of the upper area court toro
plaintiff maidorowa matari
proof of their respective claims
respective parties
single person
subject matter of this case
toro upper area court

A. B. WALI, JSC (Delivering the Leading Judgment): Following the order for a retrial made by the Sharia Court of Appeal Bauchi in 1986, the plaintiff Maidorowa Matari lodged the following complaint in the Nabardo Area Court against the defendant Alhaji Usman Magaji -

"I sued (sic) the defendant about the farm land I inherited from my late father (called Zaranda), which the defendant took to use with the assertion that it is his own. And this is land that has been cultivated long ago by my parents, then how could the defendant a stranger as he is could claim its ownership just of a sudden?"

The defendant Alhaji Usman Magaji denied the plaintiff's claim with the assertion that he inherited the farmland in dispute from his father, Magaji.

The learned trial Judge after hearing evidence called by the plaintiff and the defendant in proof of their respective claims, visited the farmland in dispute in company of the parties and their witnesses and decided as follows:-

"In my opinion since the…

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