(2018) JELR 39150 (CA)    

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

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