Amadu Tudu V. Malami Hakimi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the appellant against the decision of the Sharia Court of Appeal, Sokoto State in Suit No.SCA/WR/105/2006.

On 8/2/2005, the Respondent had filed a claim at the Lower Sharia Court Wurno as follows:

“I Aliyu Buzu Munki hereby sue Malami Hakimi Munki and Ahmadu Aliyu Gwammatse in respect of my father’s farm. It was entrusted by my father Dantudu to his brother Maidamma when I came back from the travelling, I met it in possession of (these people) Ahmadu Aliyu and Malami Aliyu Gwammatse. I asked them how the farm got to them. They referred me to ask my brother. Whenever I asked him he used to play with my intelligence. That is why I sue him before the Court so that it can be investigated and give me my share and they can have (my brother) his share.”

After hearing the parties, the Lower Sharia Court Wurno found that the farm which the plaintiff (respondent) claimed belong to the plaintiff.

The Defendant being dissatisfied with the decision of the Wurno Lower Sharia Court appealed to the Upper

Sharia Court Wurno challenging the said decision. After hearing the parties, the Upper Sharia Court allowed the appeal.

The decision of the Upper Sharia Court made the respondent to appeal to the Sharia Court of Appeal. The said appeal was allowed by the Lower Court on 31/7/2006.

Aggrieved by the decision of the Sharia Court of Appeal, the appellant who was the initial defendant at the Court of First Instance, filed an appeal to this Court on 8/8/2006. His Notice of Appeal contains one grounds of appeal namely

“That the Sharia Court of Appeal Sokoto lacks jurisdiction to hear and determined (sic) an appeal from Upper Sharia Court, since the case did not concern Islamic personal law being a dispute over ownership of Farmland”

The record of appeal in this case was transmitted on 21/2/2011 but deemed duly compiled and transmitted on 15/6/2015.

The appellant had on 15/6/2015 sought and obtained leave to amend his Notice of Appeal.

His grounds of appeal are as follows (excluding particulars)

“Ground One