Alhaji Sule S. K. K. v. Aliyu Yusuf Isi (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading judgment)

This is an appeal against the decision of the High Court of Zamfara State delivered on 14th November, 2016 wherein the appellant`s application was refused.

By a motion on notice filed on 24/6/2016, the applicant prayed the lower court for the tripod prayers i.e. extension of time to seek leave to appeal against the decision of Upper Sharia Court, Kaura Namoda delivered on 20/10/2010, leave to appeal and an extension of time to appeal against the said decision.

In reaction, the respondent file a counter-affidavit of 5 paragraphs and the pertinent paragraphs 4 reads as follows:

4. That paragraph 2 (viii, ix, x, and xi) are not true.

(i) The delay to file an appeal by the applicant was deliberate because since the time the court executed the judgment he was in his shop and did not take any step until in 2005 when he briefs Messrs Bello Umar & Co. Kaura Chamber.

(ii) That there was no brief given to Messrs Bello Umar & Co. which was to take any step that was not taken and the appointment of Bello Umar as the Attorney General Zamfara, Zamfara State has nothing to do with any instruction from the applicant, to a composite chamber because even before the appointment it was B. T. Aza, Esq., that handled the application for judicial review.

(iii) That there were no errors, inadvertence or omissions of his former solicitors Messrs Bello Umar & Co.

(iv) That paragraph 2(xii) of the affidavit is not true, there was no change of the court of coordinate jurisdiction, the court assessed the rent and stated the length of time which the time has even expired as the rent some shops reverting to the applicant.

(v) That paragraph 2(xiii) is not true, the applicant was the applicant who took the matter to court and throughout was in court to the conclusion of the execution.

(vi) That end of justice will never be served if the application is granted because equity will help the innocent than help vigilant.

(vii) That the respondent will be highly prejudiced if the application is granted.

(viii) That the respondent has since filed his appeal and motion for stay of execution of judgment to the Court of Appeal Sokoto in suit No: SCA/KN/10/2013 vide receipt No: 000341651 dated 20/4/2010, photocopy of same is attached hereto and marked as exhibit.

(ix) That grounds of appeal to the Court of Appeal was prepared by his counsel Moh’d B. Isah, Esq., averting the full record of proceeding not only judgment portion. Same is hereby attached and marked as exhibit B.

(x) That copy of proceedings is up till today been perused and the court consistently refused to give the record.