Allamai Dantani V. Alhaji Kakan Daji (1998)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J.C.A.

This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal in which the appellant’s application to appeal to the Sharia Court of Appeal out of time was turned down. The appellant was six months out of statutory period for appeal. The court below refused to extend time for the lady appellant to appeal.

The facts of this case are quite interesting and revealing. The appellant as Plaintiff instituted an action before the Upper Area Court III Birnin Kebbi asking the court to cause the Estate of her late father hitherto with the defendant, Alhaji Kakan Daji Masama, to be distributed in accordance with the dictates of Sharia.

The Estate, according to the plaintiff, herein-after referred to as the appellant, are as follows:-

(1) Thirty five cows;

(2) Forty five sheep

(3) Nine farm land

(4) Two dwelling houses and

(5) One Silo (Rihewa) or grain-store

The defendant, now respondent, flatly denied the claim of the appellant. He stated that he bought some of the items, some were given to him as gifts, inter vivos and the rest were given to the appellant and her daughter. The respondent being junior brother to the appellant. The trial court entered judgment in favour of the respondent and against the appellant on 14/2/95 with 30 days from that date to appeal to the Sharia Court of Appeal.

The appellant did not appeal within time. According to her she fell sick after the judgment was handed down to her. She was only able to file an appeal on 18/9/95, six months four days after the judgment was delivered. She then urged the Sharia Court of Appeal, Birnin Kebbi, now court below, to extend time for her to appeal out of time to the court below. Her reasons being that when the case ended she was very sick and that after she recovered she has no means to file an appeal and there was no one readily available to file an appeal on her behalf.

Learned Kadis of the court below reviewed the grounds of appeal and reasons for failure to file an appeal within time and refused her application to extend time for her to appeal. The court below has this to say:-

“In our view the appellant’s grounds of appeal out of time are not strong to warrant the extending of time for her to appeal. For even if true (sic) she was sick after the termination of their case she has the right to assign her son Aliyu to file the appeal on her behalf…

Similarly her ground that she has no means to file an appeal is baseless for has she come to the court and explain as such … this court will assist her in filing her appeal. And in our view lateness of 6 months (sic) is unreasonable and it shows her lack of interest in the appeal.”