(1997) JELR 45412 (CA)    

Court of Appeal  ·  CA/E/965/97 ·  16 Sep 1997 ·  Nigeria
Other Citations
Dauda v. Asabe [1998] 1 NWLR Part 532
Dauda v. Asabe (1998) 1 NWLR (Pt. 532) 102
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
islamic law
burden of proof
danja area court
facts of this case
katsina state sharia court of appeal
supreme court
unimpeachable male witnesses
upper area court funtua
addresses of both parties
appellate courts
civil matters
correct procedure
decision of the sharia court of appeal
earlier decision of the danja area court
evidence of both witnesses
farm lands
father mohammadu
general principle of islamic law
ground of appeal
haruna adamu
issue of safekeeping
katsina state
leading judgment
legal systems
long period
lower courts
magajiya sue m. dauda
position of the importance of procedure
present appellant
prevailing law
proceeding law
proper procedure
role of the appellate courts
sale of the farmland of muhammadu
submission of both parties vis
sufficient evidence
trial judge
way of reply

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Sharia Court of Appeal of Katsina State delivered on 23/11/95 wherein the Court dismissed the appeal by the present appellant against the earlier decision of the Upper Area Court Funtua which had quashed the earlier decision of the Danja Area Court.

The facts of this case briefly put are as follows: The respondents herein as plaintiff before Danja Area Court sued the appellant herein as defendant claiming as per page 1 of the records as follows:

"I, Magajiya sue M. Dauda because my father Mohammadu went and left his farmland in his possession while his mother and my father are brother and sister. I came and asked for our farmlands he told me that he bought the farmlands. We don't have any in his possession that is why I sue him to court and praying to Court to collect back my father's farmlands."

The plaintiff claimed that his father died 8 months earlier. The Court confronted the defendan…

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