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SARKIN KUDUN MATSERI
V.
MALAM DAN SHARU

(2025) JELR 113877 (SC)

Supreme Court 9 May 2025 Nigeria
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Case Details

Suit Number:SC/1371/2019
Judges:IBRAHIM MOHAMMED MUSA SAULAWA, JSC HABEEB ADEWALE OLUMUYIWA ABIRU, JSC JAMILU YAMMAMA TUKUR, JSC ABUBAKAR SADIQ UMAR, JSC MOHAMMED BABA IDRIS, JSC
Counsel:Alex Muoka, Esq., with him, OIusola Jolayemi Esq., for the Appellant. Babajimi Ayorinde Esq. for the Respondent.

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (DELIVERING THE LEADING JUDGMENT): The present appeal is a fall-out of the judgment of the Court of Appeal, Sokoto Judicial Division, delivered on May 25, 2018 in appeal No. CA/S/163S/2017. By the judgment inquestion, the court below coram: H, Mukhtar, M. L. Shuaibu and F. O. Oho, JJCA allowed the Respondent's appeal, "struck out" the judgment of the Kebbi State Sharia Court of Appeal for want of jurisdiction, and remitted the suit No. CV/FI/TR/67/2016 to the Kebbi State High Court for hearing and determination.

BACKGROUND FACTS

On 03/6/2016, the Appellant herein instituted the suit (CV/FI/TR/67/2016) at the trial Upper Sharia Court Bunza, Kebbi State against the Respondent.

By the statement of claim thereof (contained at page 1 of the Record of Appeal), the Appellant claimed against the Respondent.

I, Sarkin Kudun Matseri – is suing Muhammad Dan Sharu Matseri because our father Sarkin Kudun Matseri Muhammadu Umaru lent a farm to Malam Yahaya (the resp. …

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