HUSSEIN MUKHTAR, J.C.A.(Delivering the Leading Judgment): This appeal puts to question the judgment of the Kebbi State Sharia Court of Appeal delivered on the 20th day of August, 2009.
The Respondent herein was charged for criminal breach of trust by the Commissioner of Police Kebbi State before the the Sharia Court Jega in Kebbi State (hereinafter referred to as the trial Court) over a complaint lodged by the Appellant against the Respondent.
The Sharia Court Jega observed that the nature of the case was civil, converted it into a civil suit number CV/17/2008.
At the the trial Court, the Appellant sued the Respondent claiming the return of his plot of land which he bought from one late Ibrahim at a cost of N5,000.00 and thereafter entrusted it to the Respondent. The Respondent denied the claim and asserted ownership of the land in dispute.
The trial Court proceeded to hear the matter and after reviewing the evidence adduced by the parties delivered its judgment on 1st April 2008 in favou…