Section 54 Sheriffs and Civil Process Act

Section 54 of the Sheriffs and Civil Process Act 1945 is about Application of Islamic law in the Northern States where parties are Muslims. It provides as follows:

(1) In the application of sections 44 to 53 of this Act to the Northern States, the following provisions shall apply-
(a) where all the parties to a suit are Muslims; or
(b) where in any other suit the person applying for a writ of execution and the person against whose property the writ is to be directed are Muslims,
the court to which application is made shall be guided by the principles of Islamic law relating to the levying of execution of immovable property and any writ issued against immovable property shall in such a case as aforesaid be issued subject to Islamic law and the person applying for such writ shall prove the Islamic law on the point whether or not such Islamic law is to his benefit.

(2) For the purpose of this section any firm, body of persons or company, other than a company limited by shares, the members of which are all Muslims, shall be deemed to be a Muslim as if such firm, body of persons or company were an individual person.

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See also  Section 43 Property and Conveyancing Law (PCL) Nigeria 1959

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