FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the Sharia Court of Appeal of Zamfara State sitting at Gusau in Appeal No. SCA/KN/H2/2012 and delivered on the 6-5-2013 in which the Sharia Court of Appeal dismissed the Appeal of the Appellant against his conviction and sentence for mischief and criminal trespass by the Upper Sharia Court, Kaura Namoda in case No. CR/F1/35/2011 delivered on the 4-1-2011. By a direct complaint of Criminal Trespass and Mischief at the Upper Sharia Court, Kaura Namoda, the Respondent herein made this complaint to the Court, thus;
I Sarkin Fawa Magizawa Kada is hereby suing Alhaji Hashimu Magizawa for committing criminal trespass and mischief. He trespassed to my land a place of our business which I inherited from my father which he inherited from his father. He (Respondent) entered and cut down the trees and erected a building without my consent and permission."
The Appellant as Defendant before the U…