Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MANU
V.
MUHAMMAD

(1997) JELR 45418 (CA)    

Court of Appeal  ·  CA/J/74S/96 ·  11 Jul 1997 ·  Nigeria
 · 
Other Citations
Manu v. Muhammad (1997) 11 NWLR (Pt. 526)
Manu v. Muhammad (1997) 11 NWLR (Pt. 528) 323
CORAM
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appeal
witnesses
defendant
plaintiff
islamic law
law
upper area court
issues
lower courts
principles of islamic law
p.ws
such evidence
due constitution of the court
issue of jurisdiction
light of the foregoing
modification decree no.
proof of his claim
appellate courts
basic issues
bauchi state sharia court of appeal
control of the defendant
counsel evidence
court of appeal
decision of the bauchi state shari
decision of the upper area court
decision of the upper area court azare
direct evidence
facts of this case
fair hearing
following terms
grand father of the parties
grounds of appeal
grounds of this appeal
kadis of the sharia court of appeal
key witnesses
leading judgment
learned kadis
legal argument
legal principles
present appellant
present respondent
provisions of 233e of the constitution suspension
review of the evidence
testimonies of the witnesses
upper area court judge
various grounds
way of reply

OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Bauchi State Shari'a Court of Appeal holden at Azare (hereinafter referred to as the SCA) whereat the present appellant appealed against the decision of the Upper Area Court Azare (hereinafter referred to as the UAC) which gave judgment in favour of the respondent/plaintiff in respect of the five disputed farms.

The facts of this case briefly put were as follows:

At the Upper Area Court where the present respondent as plaintiff sued the appellant here as the defendant claiming on behalf of his brothers and sisters the five farms inherited from their deceased father left under the control of the defendant/appellant who denied the claim. At the trial seven witnesses testified for the plaintiff/respondent out of which three of them, viz P.W. I, P.W. VI and P.W. VII gave direct evidence that they know some of the farms and knew the grand father of the parties and that the farms were not shared i…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login