TALLAHI
V.
ADABKA

(2018) JELR 39150 (CA)

Court of Appeal · CA/S/17S/2016 · 25 May 2018 · Nigeria

CORAM

HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

lower court

respondent

appeal

record of appeal

issues

credible witnesses

judgment of the trial court

mairin gana

trial court

female witnesses

gift of a house

gift of the house

kebbi state sharia court of appeal

principle of hauzi

credible mujibat witnesses

disposition inter vivos

judgment of the lower court

male witness

present appeal

zuru zone

above grounds of appeal

appellants counsel nasiru sahabi

brief of argument

case of the appellant

central issue

claimants oath

claim of adultery

condition of the gift

credible male witnesses

established principle of islamic law

frederick oziakpono oho

heirs of mairin gana

hussein mukhtar

instant case

judgment of the sharia court of appeal

judgment of the upper sharia court zuru

judgment of upper sharia court zuru

kebbi state

leading judgment

learned kadis of the lower court

learned trial judge

lower courts

particular issue

prove of his case

respondent counsel

said notice of appeal

support of her claim of gift

unimpeachable witnesses

weight of evidence

written document

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Sharia Court of Appeal, Kebbi State delivered on 23/3/2015 affirming the judgment of the Upper Sharia Court Zuru which annulled the gift of a house by Mairin Gana to the appellant. The lower Court ordered that the house be handed over to the heirs of Mairin Gana because the condition of the gift have not been fulfilled as there was no possession.

Dissatisfied with the above, appellant lodged this appeal on 28/5/2015. The said notice of appeal contains 3 grounds of appeal as follows:

1. The judgment of the lower Court is against the weight of evidence.

2. The judgment of the lower Court (Kebbi State Sharia Court of Appeal) holden at Yauri/Zuru Zone which upheld the judgment of Upper Sharia Court Zuru was perverse.

3. The learned Kadis of the lower Court (Kebbi State Sharia Court of Appeal) holden at Yauri/Zuru Zone erred in law for applying the principle of Hauzi (prescription) in t…

TALLAHI V. ADABKA

TALLAHI
V.
ADABKA