NNAMANI JSC (DELIVERING THE LEADING JUDGMENT): By Suit No.MAC.9/79 filed in the Muslim Area Court of Makurdi, Benue State, the respondent in this appeal sued the appellant and two others "seeking court assistance for revocation of sale of Plot No.3 Bank Road Makurdi done contrary to the Islamic principle of contract of sale".
At the trial which commenced on 28th January, 1980, neither party was represented by counsel. All the parties except the 1st defendant therein, Alhaji M. Fari, who sent a letter protesting against the trial on grounds of what he called "non-Islamic objectivity", were present. After a trial in which the respondent, his 2 witnesses as well as two of the defendants gave evidence, judgment was entered in favour of the respondent. Being dissatisfied with this judgment, the appellant herein appealed to the Benue State High Court which on 7th May, 1982, allowed the appeal and set aside the judgment of the Muslim Area Court. The respondent appealed to the Court of Appeal,…