MUSA
V.
UMMU

(2013) JELR 51080 (CA)    

Court of Appeal  ·  CA/S/29/2011 ·  4 Mar 2013 ·  Nigeria
CORAM
TIJJANI ABDULLAHI JCA (Presided) TUNDE O. AWOTOYE JCA ( Read the Lead Judgment) JAMES S. ABIRIYI JCA
Core Terms Beta
court
sokoto
judgment
counsel
sharia court of appeal
issues
issue no.
lower sharia court
record of appeal
trial court
tudun wada
appellate court
islamic law
suo moto
upper sharia court
appeal of the 1st respondent
appellant’s counsel
favour of the 1st respondent
hajiya hadiza buzuwa
court of first instance
daughter hajiya ummu ibrahim
gift of a house
grounds of appeal
issue of jurisdiction
issue of jurisdiction of the upper sharia court
judgment of the upper sharia court
lead judgment
main road
appeal no. ca
appellate courts
awotoye jca
cases
constitutional right
continuation of an original case
entire house
hearing of the appellant
higher court
issue hajiya ummu ibrahim
joining of the appellant
judgment of the lower sharia court
judgment of the sharia court of appeal
length of 105feet
requisite jurisdiction
respect of the appeal
said grounds of appeal
sokoto state
transmission of record of appeal
umaru madugu
upper sharia court i sokoto

AWOTOYE JCA(Delivering the Lead Judgment): This is the judgment in respect of the appeal filed vide notice of appeal dated 27 January 2011, against the judgment of the Sharia Court of Appeal sitting in Sokoto. The decision appealed against was delivered on 31 December 2010, in favour of the 1st respondent in appeal No. CA/SK/SCA/12/2011. The plaintiff at the court of first instance was Hajiya Hadiza Buzuwa. Her claim before the Tudun Wada lower Sharia Court reads thus: “I am seeking this court to bear witness to and record the gift of a house that I have given to my daughter Hajiya Ummu Ibrahim: The house is located in Kofar Kware and also length of 105feet from west to east and a breadth of 118 feet, it has boundaries with Umaru Madugu on the west, Bashir Musa on the east, Mallam BuhariYahaya on the South and a main road on the north. The house contains 30 rooms, 3 kitchens and 4 Toilets. I, Hajiya Hadiza Buzuwa, have given it free as a gift to my daughter Hajiya Ummu Ibrahim, I …

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