Doka L. Abare v. Hamma Usman Wakilin Magada (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED BABA IDRIS, JCA (Delivering the leading judgment)

This is an appeal against the ruling of the Sharia Court of Appeal, Gombe State sitting on the Gombe appeal session in appeal No. GMSJ/SCA/CUA/KLT/39/2019, delivered on the 28th day of October, 2020 which dismissed the appellants application challenging the jurisdiction of the court below vide a motion dated the 3rd day of December, 2019 and heard on the 3rd day of December, 2020.

The respondent herein as plaintiff, instituted a suit against the appellant as defendant, over a piece of land which he claims belonged to his late father and is part of their family inheritance, before the Area Court Bambam which suit was later transferred to the Upper Area Court Kaltungo (hereinafter referred to as the trial court), by the Area Court Directorate office.

The matter commenced and the appellants son Kabiru Doka represented the appellant throughout the proceedings because he (the appellant) could not appear in person due to the poor state of his health.

The appellant as defendant, denied the claim and in his defense informed the trial court that he initially was in possession of the said land in dispute based on trust, but later on purchased the land from the respondents deceased father and has been in possession of same peacefully ever since.

During the trial, witnesses were called, documents were tendered, and the trial court went on a visit to the disputed land after which it affirmed that the land belongs to the appellant as contained in its judgment at page 37 of the record of appeal.

Dissatisfied with the judgment of the trial court, the respondent appealed to the court below as appellant.

The appellant herein as respondent before the court below, refused to subject himself to the jurisdiction of the lower court and challenged same vide a motion dated the 3rd day of December, 2019 and heard on the 20th day of October, 2020.

The court below dismissed the said application and assumed jurisdiction to hear and determine the appeal and thus leading to this interlocutory appeal to this court.

The appellant noted that he is of the Christian faith and based on the circumstances surrounding the case as heard and determined by the trial court, the appellant refused to subject himself to the jurisdiction of the court below.

The parties thereafter filed their respective briefs of argument. In the appellants brief of argument dated and filed on the 18th day of

February, 2021, these 2 (two) issues were formulated for determination as follows:

a. Whether the Sharia Court of Appeal Gombe is saddled with the requisite jurisdiction to entertain a matter of this nature brought before it vide the respondents appeal? (Distilled from grounds 1 & 2 of the grounds of appeal)

b. Whether the lower court’s ruling is reasonably justified reconciling the facts on record? (Distilled from grounds 2 & 3)