Abdun Kaka V. Malami Nagwanja (2001)

LawGlobal-Hub Lead Judgment Report

OKUNOLA, J.C.A. 

This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal holden in Birnin, Kebbi delivered on 31/7/96.

The facts of this case which had been laid out in the Kebbi State Sharia Court of Appeal judgment are briefly as follows:

The appellant herein as plaintiff, sued the respondent herein as defendant claiming as per page 1 of the records thus:

I, Abdullahi Kaka Amore is suing Malami Nagwanja over the issue of my 2 farms rented to his father by my relation Sani Sarkin Fawa. These farms were deforested by my grandfather Garba Afa and after his death my father Dodo inherited the farms, later we migrated to Bela, but after the death of my father I returned. I inquired about these farms and was told by my relation that he rented the farm to the deceased respondent’s father now they are under the care of the respondent. Thus, I was pleaded to let him continue working in the farm and he will continue giving the annual due. I said I will have to consult my brothers since the farm was under inheritance and the estate was not yet distributed among the heirs. After they were consulted they agreed to whatever was decided. Therefore, I told Malami that the farms were now under his rented title and he should continue giving the annual due to Sani Sarkin Fawa who will give me and I will divide it into 2, take half and give the rest to the other relations. However, last year he refused to give anything and when Sani Sarkin Fawa asked him he said he will not give. They later told me of this and I invited the respondent before the Magajin Amore (Village Head) he said he knew the farms belonged to my father but if I want the farms we should meet in the court. I sued him at Area Court Dalijan, but he sold the farms to the Judge at the cost of N6,000.00. Therefore I reported this to Birnin Kebbi and the case was referred to U.A.C Gwandu. The issue was decided to be retried in this court, Area Court, Gwandu. However, the appellant repeated his claim before the trial Gwandu Area Court.

The respondent also denied that what the appellant claimed was not true since he inherited the farms from his father Manu Kure in the last 73 years before he died 30 years ago and no one has ever objected that the farm belong to him until now. The respondent added that one of the farms was deforested by his father on the permission of Dikko Alu, while the other farm was a gift to his father by Sarkin Fawa Sani.

The Area Court asked the appellant to present witnesses over his assertion. He said he has witnesses but he wished to present his son Labaran Abdu to represent him. On this note, the court assigned the farms to be measured. The farms on Amore Road, East to West measured 250ft while South to North measure 190ft East in boundary line with Abdu Kaka, West with Muhammadu Dodo, South with the Road and North Alhaji Umaru. Second farm, the Rogo farm. East to West measured 500ft. South to North measured 240ft. From the East in boundary with Umaru, West with Bagudu Boara, South with Sarkin Fawa, and North with the Road.

PW 1 – Sarkin Fawa Sani, 50 years old testified that the farm on the road to Amore was given as a gift by Dodo to Manu Kure because he is marrying his grand-daughter. And the farm at Rogo was given to the respondent’s father by Sarkin Fawa. Respondent did not agree with this testimony because the farm was a forest given to his father by Dikko Alu.

PW2 – Malami Sarkin Fawa – testified that his grand-father rented the farm to Manu Kure. The respondent did not agree with the testimony because the farm was given to his father by Dikko Alu.

PW3 – Umar Makan, 45 years old.

PW4 – Muhammadu Magaji Amore, 80 years old.

PW5 – Mamman Danyaya, 80 years old.

PW6 – Umoru Amci Awo, 60 years old.

PW 7 – Haliru Sarkin, 65 years old.