Alu Hakimi & Anor V. Rabiu Kwakwaba & Anor (2016)

LawGlobal-Hub Lead Judgment Report

TUNDE OYEBANJI AWOTOYE, J.C.A. 

This is the judgment in respect of the appeal filed by the appellant via their notice of appeal dated 7/8/2014. The appeal is against the decision of the Sharia Court of Appeal Kebbi State delivered on 26/6/2014.

The Court of first instance that first heard the suit that went on appeal to the Lower Court was the Upper Sharia Court Kamba.

The claim of the plaintiffs against the Respondent at the Court of first instance was as follows:
“I, Mal. Rabiau Yakubu Kwakkwaba and Mal. Sani Kwakkwaba are suing these three people:
1. Adamu Giwa Buma.
2. Muhad Dan Chankwali Buma
3. Alu Giwa Buma
We want to them to give us our house which we inherited from our father Yakubu, for we want divide the inheritance of our house. That it is our father Yakubu that lended the house to their father called Hakimi Dobi Buma. We want them to return the house lended to their father this is why we are suing them.”

After hearing the parties the trial gave judgment thus:
“Based on the foregoing on the testimony of one witnesses and

1

the swearing by the plaintiffs.
I, Sanusi Sidi Gazzali, Judge of the Upper Sharia Court Kamba had decided to transfer back to Rabi?u Yakubu and Mal. Sani their fathers house which he lended to the father of Adamu and Alu. As such I confirmed to Rabi?u and Mal. Sani this house based on the following authority.?

An appeal against the said decision was later filed at the Sharia Court of Appeal of Kebbi State Argungu Division.

The Lower Court after hearing the parties affirmed the decision of the trial Court and dismissed the appeal.

Miffed by the decision of the Lower Court, the appellants in this appeal challenged the said decision on three grounds.

The grounds of appeal vide the amended notice of appeal (without particulars) filed on 20/10/2014, are
?Ground one
The learned Kadis of the Lower Court erred in law and arrived at a wrong decision when they affirmed the decision of the Upper Sharia Court Kamba which wrongly administered Oath on the Respondents regard been had to the fact that none of the Respondent?s witnesses substantiated their claim before the trial Court.
Ground Two<br< p=””

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2

The whole decision of the Lower Court is unjustified having regard to the weight of evidence adduced.
Ground Three
The Lower Court erred in law when it heard and determined an appeal for which it has no jurisdiction.?