Bello Sani Tungar Gero v. Ibrahim Garba Tungar Gero (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Sharia Court of Appeal, Birnin Kebbi delivered on 9th May, 2023 annulling the decision of Upper Sharia Court, Dakingari and confirming the disputed farmland to the respondent herein.

The plaintiff instituted suit No. USC/DKG/CV/F1/No. 108/ 2022 at the Upper Sharia Court Dakingari against the defendant, claiming some farmland as follows:

“I Bello Sani is suing Ibrahim Garba before this honourable court over the issue of the Farms I inherited from my father (Sani Aliyu) which now Ibrahim Garba is claiming that they belong to him. That somebody entrusted the farms to him. The farms are:

1. Bakin Gari Fann at Tungar Gem Town: East share boundary with Ashibi, West with Maijega, South with Isah Mai Gamma and North with a passage.
2. The farm behind the House of Sajo at Tungar Gem, Town: East share boundary with passage to the town, West with Alu Dan Mai-Jega, South with Alh. Ibrahim and North with Gambun Hakimi.

This is why I am suing him so that the court will interfere between us because he is disturbing me.”

The matter went to trial with parties adducing evidence in support of their respective positions. At the end of the trial and in a reserved judgment delivered on 11/5/2022, learned trial Judge relying on the principle of “Hauzi” entered judgment in favour of the plaintiff.

Dissatisfied with the judgment of the Upper Sharia Court, Dakingari, the defendant appealed to the lower court which upturned the judgment of the trial Upper Sharia Court, Dakingari and confirming the disputed farmland to the appellant thereat at page 14 of the record as follows:

“Based on this Certificate of Ownership presented by the appellant has settled any dispute that can arise over this issue on whoever is disputing. See the Book of Bulgatus Salik VOL. 2 page 444.

Based on the foregoing, we at the Sharia Court of Appeal, Kebbi State Birnin Kebbi have decided this case by annulling the decision of USC Dakingari because it is not based on order. We reversed the decision by confirming the disputing (sic) farm to Alh. Ibrahim. That, is the farm he disputed with Bello Sani based on the grounds of law that entails this.”

Expectedly, the appellant herein was dissatisfied with the above judgment and hence filed the instant appeal on 26/5/2023 predicating it on two (2) grounds. The said grounds of appeal devoid of their particulars are reproduced hereunder as follows:

“Ground one.

The lower court lacks the jurisdiction to entertain the matter being a land dispute not arising from the purview of Islamic Personal Law.

Ground two.

The judgment of the lower court is unreasonable, unwarranted and against the weight of evidence.”