Alhaji Aminu Musa V. Hajiya Ummu & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is the judgment in respect of the appeal filed vide Notice of Appeal dated 27/1/2011 against the judgment of the Sharia Court of Appeal sitting in Sokoto. The decision appealed against was delivered on 31/12/2010 in favour of the 1st Respondent in appeal No CA/SK/SCA/12/2011.

The plaintiff at the court of first instance was Hajiya Hadiza Buzuwa. Her claim before the Tudun Wada Lower Sharia Court reads thus:

“I am seeking this court to bear witness to and record the gift of a house that I have given to my daughter Hajiya Ummu Ibrahim:

The house is located in Kofar Kware and also length of 105 feet from west to east and a breadth of 118 feet; it has boundaries with Umaru Madugu on the west; BASHIR Musa on the east; Mallam Buhari Yahaya on the South and a main road on the north.

The house contains 30 rooms, 3 kitchens and 4 Toilets. I, Hajiya Hadiza Buzuwa, have given it free as a gift to my daughter Hajiya Ummu Ibrahim. I gave the entire house to her except the room which I am presently occupying.

It is for this reason that I am pleading with this Court to recognize and be witness to this gift and also record it and issue Hajiya Ummu Ibrahim with a certificate.”

After the judgment of the Lower Sharia Court, the plaintiff appealed to the Upper Sharia Court, the daughter of the plaintiff, Hajiya Ummu, later appealed to the Sharia Court of Appeal.

The Sharia Court of Appeal on hearing the appeal gave judgment as follows:

“Based on what transpired above and the reasons which we gave above, we of this Sharia Court of Appeal, Sokoto State, Sokoto hereby quash the judgment of the Upper Sharia Court 1 Sokoto which validated the agreement on taking back a house which has been given out as gift because the judgment is contrary to Islamic law. We quash it. We uphold the ruling of the Lower Court Tudun Wada Sokoto which validated the gift of a house which Hajiya Hadiza Buzuwa made to her daughter Hajiya Ummu Ibrahim. The house measures 105 feet West – East; 118 feet South-North and borders Umaru Madugu on the West; Bashar Musa on the East; Mallam Buhari on the South and on the North a main Road. We uphold this ruling because it is in accordance with Islamic Law.

We accept the appeal!”

The appellant aggrieved by the decision filed a notice of appeal containing four grounds of appeal.

The said grounds of appeal (excluding the particulars) are:-

“GROUND ONE