Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MUSA
V.
YAHAYA

(2018) JELR 39152 (CA)    

Court of Appeal  ·  CA/S/77S/2016 ·  25 May 2018 ·  Nigeria
CORAM
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appeal
jurisdiction
court
sharia court of appeal
lower court
section
case
claim
grounds of appeal
issue
question of islamic personal law
respondent
first time
issue of jurisdiction
lone issue
record of appeal
decision of the trial sharia court lailaba
family relationship
following grounds
judgment of the upper sharia court
kebbi state
lawal shuaibu
sharia court
trial sharia court
upper sharia court
above grounds
appellants counsel
appellate court
appellate courts
appellate jurisdiction
birnin kebbi
brother m. l. shuaibu
decision of sharia court lailaba
decision of upper sharia court argungu
dogon yaro
fresh issue of law
hon. court
hussein mukhtar
islamic law
judgment of the sharia court of appeal
leading judgment
learned counsel
notice of appeal
notice of preliminary objection
principles of islamic law
proof of his claim
said notice of preliminary objection
special circumstances
supreme court
whole judgment of the lower court

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the Sharia Court of Appeal, Argungu, Judicial Division, Kebbi State (hereafter referred to as the lower Court, delivered on 7th April, 2016 wherein it set aside the judgment of the Upper Sharia Court, Argungu.

The respondent instituted an action as the claimant in the Sharia Court, Lailaba, against the Defendant (now appellant) claiming title to a farmland which among others, the claimant stated was entrusted to his father by one Mallam Tambo. At page 1 of the record of appeal, the claimant claimed as follows:

I Mal. Idris Maifari Tungar Mal. Nuhu is suing before this Hon. Court over the issue of one farm which Mal. Tambo entrusted to my grandfather Mal. Nuhu.

The trial Sharia Court, Lailaba summoned the respondents before it and after it read out and explained the claim against them, they all denied the claim. The claimant called witnesses in proof of his claim and thereafter, the Defen…

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