(2002) JELR 44726 (CA)    

Court of Appeal  ·  CA/K/123/S/92 ·  15 Nov 2002 ·  Nigeria
Other Citations
Rabiu v. Amadu [2003] 5 NWLR (Pt.813)343
Rabiu v. Amadu (2003) 5 NWLR (Pt. 813) 343
MAHMUD MOHAMMED 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
sexual intercourse
islamic law
medical report
trial court
lower court
grounds of appeal
upper area court
i. t. muhammad
parents house
sharia court of appeal
wife of the prophet
acceptable periods of gestation
actual date of her delivery
appropriate time
area court no.3
claim of the plaintiff
date of the medical examination
dr. bello sada clinic
existence of a valid marriage bear
famous hadith of the prophet
first issue
general circumstances
general understanding of majority of jurists
hon. kadi isa mohammed dodo
husband tasiu
ibn hanbal
ihyau al
imams maliki
islamic month of zul-hajj
katsina state
leading judgment
learned counsel
learned jurists
muwatta imam maliki
paternity of a child
paternity of the baby
prescribed period
principle of law
record of the trial court
services of a counsel
style of the child
taju al-jamiu
trial court judge
turath al-arabi
understanding of the position of sharia

I. T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The respondent herein, was the plaintiff at the Area Court No.3, Katsina, Katsina State. The appellant was the defendant. The claim of the plaintiff before the trial court reads as follows:-

"I Aisha, I am suing my husband Tasiu because since I delivered he did not do any thing to me and he also removed my properties and claiming that the child I gave birth to is not his own. So I want to know my stand that was the reason I sue him to court. I also want him to pay me back what I spent when I delivered along with my properties he removed. We got married in the Islamic month of Zul-Hajj. Moreover, he had received his properties that he brought to me for the marriage but all my belongings which I took to my house he removed half of them. Also, I spent only two months in his house he divorced me, therefore I delivered 4 months ago now I spent 2 months in his house while I spent 2 months in my parents house totalled 4 months."

The …

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