(2000) JELR 44188 (CA)    

Court of Appeal  ·  CA/J/167s/90 ·  10 Feb 2000 ·  Nigeria
Other Citations
Maidawa v. Husaini (2000) 1 NWLR (Pt.662)698
Maidawa v. Husaini (2000) 6 NWLR (Pt. 662) 698
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
islamic personal law
claim of the appellant
islamic law
constitution of the federal republic of nigeria
provisions of section
upper area court
upper area court bauchi
appellate jurisdiction
decision of the court
following cases
grounds of appeal
issue of loan
learned khadis
preview of the lead judgment
sarkin kudu muhammadu maidawa
sharia court of appeal bauchi
sharia court of appeal bauchi state
above claim
amended notice of appeal
briefs of argument
brother muntaka-coomassie
careful scrutiny of the claim of the appellants
court below.the
decision of the trial court
entire hearing of the appeal
favour of the appellant
fundamental nature
futile exercise
hosts of the above interesting authorities
inter alia
i.t. muhammad j.c.a
judgment of the trial court
jurisdiction of a court
jurisdiction of the sharia court of appeal
leading judgment
muntaka-coomassie j.c.a
original jurisdiction
present case
questions of islamic personal law
statement of claim
subject matter
supreme courts decision

MUNTAKA-COOMASSIE, J.C.A.: (Delivering the Leading Judgment): The Plaintiff, now, Appellant, Sarkin Kudu Muhammadu Maidawa instituted an action, before the Upper Area Court Bauchi, against Sarkin Dawaki Hussaini, now Respondent, claiming: a house allegedly belonging to (the Appellant's father Sarkin Kudu Usmanu).

At the end of the hearing and investigation of the matter, the Upper Area Court now, the trial Court, entered judgment in favour of the Appellant. Aggrieved by the decision of the trial Court, the Respondent appealed to the Sharia Court of Appeal Bauchi State hereinafter referred to as Court below.The learned Kadis after thorough review of the records, allowed the appeal and set aside the judgment of the trial Court and awarded the house in dispute to the Respondent.

The Appellant, not being; satisfied with the decision of the court below appealed to this Court and filed an amended Notice of Appeal containing the following two grounds of appeal together with their particular…

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