OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State Sharia Court of Appeal holden at Funtua delivered in Appeal No. K73/SCA/FT/136/91 on 18/2/92 whereby the appeal from the Upper Area Court was dismissed.
The facts of this case briefly put were as follows:-
"The appellants herein, as plaintiffs, sued M. Yusufu their Uncle and the respondent as defendants at the Dandume Area Court claiming the farmland which their deceased father left in the possession of M. Yusufu but which they saw in the possession of the respondent. The 1st defendant admitted that the farmland belonged to the deceased father of the appellants but claimed that the appellants gave him the farmland which he sold to the respondent at the cost of N180.00 but collected only N80.00.
The appellants called 2 witnesses, Yarbaba their stepmother and one Alhaji Ya'u. After hearing the evidence of the 2 witnesses, the trial area court gave judgment in favour of the app…