(2022) JELR 109164 (CA)    
Court of Appeal  ·  CA/S/118S/2020 ·  20 Jan 2022 ·  Nigeria
Saidu Tanko Hussaini, JCA Mohammed Baba Idris, JCA Mohammed Danjuma, JCA
Core Terms Beta
trial court
appellate court
record of appeal
appellant’s counsel
lower court
grounds of appeal
supreme court
22nd day of october
appellant’s brief
notice of appeal
sharia court of appeal
statement of claim
upper sharia court
decision of the upper sharia court
determination of the appeal
incomplete records
claim of the respondent suo moto
federal republic of nigeria
islamic law
issue of incompleteness of the statement
issue suo motu
lower court’s procedure
testimonies of the witnesses
thorough investigation
whole proceedings
12th day of february
cognizance of the trial court
complete record
contents of the judgment of the sharia court
copy of the proceedings
failure of the lower court
islamic law principles
issue of the relationship
means of a supplementary record
present appeal
proof of her claim
record of this appeal
respective briefs of argument
said brief of argument
said decision
settlement of records
strength of the contents of the record
such explanation
testimonies of cw11
testimonies of the respondent

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): From the contents of the judgment of the Sharia Court of Appeal which is the lower Court from which this present appeal originated, and the Appellant’s Brief of Argument, the Respondent in this appeal first sued the Appellant before the Upper Sharia Court, Shanga in Kebbi State in Suit No: USC/SHG/CV/123/2017 as Claimant seeking a declaration that there is affinity between her and the Appellant as Respondent. The Court presented the parties and then read the statement of claim to the Appellant and the Respondent in proof of her claim, presented 13 witnesses who all testified before the Court and “IZARI” was performed on the parties by asking them whether anyone of them has anything more to say before the case was decided and both parties said that they have nothing more to say.

The Upper Sharia Court then made its findings where it held that it found it appropriate to consider the testimonies of the witnesses even upon the …

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