Angida Labbo Makuku V. Hassan Mijin Yawa (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The Notice of Appeal in this appeal was filed on 10/4/2012. It is to challenge the decision of the Sharia Court of Appeal Kebbi State delivered on 7/3/2012 in suit No SCA/KBS/WSG/21/2009.

On 10/9/2008, the plaintiff at Sharia Court Dirin Daji filed a claim against the defendant claiming as follows:

?I am suing this person because my father leased a farm to his father. Now I asked for the farm but he said that he is not aware of the leasing. This is why I came to the Court so that my farm will be recover (sic) from him.?

The Court of the first instance gave judgment inter alia thus

?Based on lack of credible witnesses on the part of the applicant over his claim, I Hon. Usman A. Besse Judge of the Sharia Court Dirindaji has decided this case confirming to the respondent, Hassan Maijaki the Farm he inherited from his father, based on the witnesses presented and the swearing adduced to him before this Court that BILLAHILLAZI LA? ILAHA ILLA HUWA?

The plaintiff dissatisfied with the above decision appealed to

the Upper Sharia Court Wasagu. On hearing the parties the Wasagu Upper Sharia Court quashed the decision of the Court below and ordered the Sharia Court Zuru to hear the case afresh.

The above decision of Wasagu Upper Sharia Court was challenged on appeal at the Sharia Court of Appeal Kebbi State holding at YAIRI/ZURU ZONE.

The Sharia Court of Appeal affirmed the decision of the Court of First Instance and allowed the appeal.

The decision of the Sharia Court of Appeal is what is now presently being challenged in this appeal, on one sole ground namely

“The Kebbi State Sharia Court of Appeal lacks the jurisdiction to hear and determine the instant case which is in respect of declaration of title to the land and therefore rendered its decision null and void.

PARTICULARS

1. Whereas it can be discerned from the plaintiff?s claim before the trial Court, it is in respect of declaration of title of land.
2. Whereas being purely issue of title to land not affecting Islamic Personal law robs the jurisdiction of Kebbi State Sharia Court of Appeal and rendered its decision to nullity”

The record of appeal was transmitted to this Court on 10/7/2012.