Abdullahi Sale Usman & Ors v. Alh. Ladiyo & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading judgment)

This appeal is against the judgment of the Sharia Court of Appeal, Kano, allowing the respondents appeal in part by granting an order to join the respondents in suit No. CV/154/2020.

The 1st appellant herein instituted suit No. CV/154/2020 at Dawakin Tofa Sharia Court for confirmation of waqf (Public trust) in respect of a mosque at Lambu Town of Tofa Local Government, Kano State.

The said waqf was confirmed by the trial Sharia Court, the respondents rushed to the Upper Sharia Court, Yan Awaki wherein they filed a motion on notice seeking to be joined in suit No. CV/154/2020 in addition to the notice of appeal filed on 18th February, 2021.

After hearing parties in respect of the said motion for joinder, the Upper Sharia Court, Yan Awaki vide a ruling delivered on 16th February, 20921 dismissed the application for joinder of the applicants therein.

Dissatisfied with the ruling of the Upper Sharia Court, Yan Awaki, the respondents appealed to the lower court (Sharia Court of Appeal, Kano) in appeal No. SCA/KN/46/2021 via motice of appeal filed on 18th February, 2021. In its judgment, delivered on 9/11/2021, the lower court allowed the appeal at page 132 of the record as follows:

Thus, the application before the lower court was not upon the declaration of title, the three issues are raised and it is not an appeal, it is just an application before the court.

Therefore, the court was salient upon his application and this an error for these reasons we amend the judgment of the lower court as follows:

1. We agree the applicants be join in the case No. CV/154/ 2020.
2. If their time to appeal is expired, they should seek for the extension of time within which to appeal at the lower court, but they shall file it within 14 days.

We granted their 1st & 4th prayers but their 2nd & 3rd prayers are hereby rejected. Therefore, we affirm the decision of the lower court with the correction. We allowed the appeal under Order 13 of Sharia Court of Appeal Rules, 2017.

It is against the judgment of the lower court above that the appellants appealed to this court through a notice of appeal filed on 25/01/2022 containing three grounds of appeal at pages 133 – 136 of the record. However, by an order of this court granted on 30/5/2024, the appellants amended their notice of appeal and same contains five grounds of appeal which devoid of their particulars, are hereunder reproduced as follows:

Ground one

The decision of the lower court is against the weight of evidence.

Ground two

The learned Kadis erred in law when their honour ordered that the respondents be joined in suit No. CV/154/2020 which was already determined by the trial court and judgment was since delivered in that case.