Abubakar Faransi V. Habsatu Noma (2007)

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ABDULLAHI, P.C.A.

This appeal is from the decision of the Sharia Court of Appeal, Kebbi State. The matter was started before Gwandu, Upper Sharia Court, Kebbi State.

The respondent in this appeal sued the appellant, praying the court to order the appellant to transfer her father’s farm in his possession to her.

The evidence as contained in the record indicated that infact the farm land now in dispute belonged to the father of the respondent, who handed over the farm, when he was going for further studies to the father of the appellant. The appellant denied the claim of the respondent.

At the end of the trial, the trial Upper Sharia Court, gave judgment in favour of the respondent and ordered for the transfer of the farm land to her.

The appellant was not happy with the decision of the Upper Sharia Court and he appealed to the Sharia Court of Appeal, Argungu Zone, Kebbi State. The Sharia Court of Appeal, heard the appeal, but at the end affirmed the decision of the upper Sharia Court and dismissed the appeal. The appellant was still not satisfied and filed this appeal before this court.

On 19/1/05, the counsel for appellant, by leave of the court filed three (3) additional grounds of appeal and abandoned the original grounds of appeal. The appeal was argued on the additional grounds. They read as follows:

“Ground 1 – The Khadis of the Sharia Court of Appeal, Kebbi State erred in law when they entertained and determined this appeal relating to title to farmland when it is not a dispute of inheritance of the farmland between the parties.

Particulars of Error

(a) The jurisdiction of the Sharia Court of Appeal, Kebbi State is governed by the provisions of section 277 of the 1999 Constitution of the Federal Republic of Nigeria.

(b) The Sharia Court of Appeal, Kebbi State has no jurisdiction to entertain suits relating to title to land. Ground 2 – The Khadis of the Sharia Court of Appeal, Kebbi State erred in law when they held that:

“Based on the foregoing, we at the Sharia Court of Appeal, Kebbi State, Argungu Zone, having affirmed the decision of the Upper Sharia Court Gwandu, who (sic) has confirmed the disputing (sic) farm to Habsatu Noma. The decision is in accordance with the principles of Islamic Law.”

When the suit was at the trial Upper Sharia Court Gwandu was incompetent and the order of the trial court on 16/4/2002 for the measurement of the farmland was not effected.

Particulars of error