(1997) JELR 45505 (CA)    

Court of Appeal  ·  CA/K/185/S/94 ·  5 Sep 1997 ·  Nigeria
Other Citations
Maishanu v. Hardo (1997) 11 NWLR (Pt.526)
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
claim of the plaintiff
sharia court of appeal
trial court
islamic personal law
upper area court
sharia court of appeal katsina state
upper area court daura
yanduna area court
basis of adjudication
case de novo
constitution of the federal republic of nigeria
court lacks jurisdiction
decision of the sharia court of appeal
decision of the trial court
decision of the upper area court daura
decision of the yanduna area court
disputed land
end of the trial
facts of the case
hardo s
judgment of that court
judgment of the katsina state sharia court of appeal
leading judgment
lower court
lower courts
nature of the claim of the plaintiff
none of the party
notice of appeal
plaintiffs brother
prevailing law
record of proceedings
record of yanduna area court
respective cases
subject matter
trite law

MUNTAKA-COOMASSIE, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State Sharia Court of Appeal herein court below. The matter started from Yanduna Area Court (trial court). In that court the plaintiff (Appellant) instituted an action against the defendant, now respondent claiming his brother's farm from the defendant. This is because his (plaintiffs) brother died and the respondent occupied the land in dispute and was using same as his own. The defendant denied the claim and countered it by saying that the land in dispute initially belongs to his own father who gave the same land to the plaintiffs brother and when he migrated he took over the land he is now working on it for the first 30 years undisturbed. The respondent was so magnanimous when he agreed that since they are living together with the plaintiff/appellant the disputed land be shared equally to them. According to the record of Yanduna Area Court the appellant acceded to this…

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