HUSSEIN MUKHTAR, J.C.A.(Delivering the Leading Judgment): This appeal is brought against the judgment of the Sharia Court of Appeal, Kebbi State sitting in Argungu delivered on the 27th day of September 2004 in appeal No SCA/KBS/ARG/07/2004.
The Appellants claim against the Respondent at the trial Upper Sharia Court is as follows;
"I, Musa Mairakumi Bayawa is suing one Alhaji Isah Naibi Bayawa because we had trial before the Sharia Court of Appeal Argungu Zone. The Court confirmed to me my farm but they refused to vacate the farm and destroyed my crops and rice in the FADAMA farm. This is why I am suing them before this honourable Court so that the Court will render my right from him."
At the close of trial, the Upper Sharia Court held that the Appellant (the plaintiff) had failed to prove his claim of trespass against the Respondent and dismissed appellant's case.
The judgment was upheld by the Kebbi State Sharia Court of Appeal hence this appeal seeking that the concurrent decisions of…