Buba Magaji Dangi Katsira V. Alh. Yalliya (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is the Judgment in respectof the appeal against the decision of Shariah Court of Appeal Argungu Kebbi State which was delivered on 14/7/2011.

The statement of claim of the applicant at the Upper Sharia Court Gwandu read thus;

“I, Mudari Alh. Ladan is suing Buba Chade Katsira because I want him to give me my father’s (Muh’d Dangajere) farm. My father mortgaged the farm to his father – Magaji Danji. After the death of his father and the duration of the mortgage expired I requested him to give me my father’s farm but he refused. This is why I sued him so that the court will recover my farm for me”

After hearing the parties, the Upper Shariah Court Gwandu gave judgment in favour of the respondent.The appellant at the court below filed an appeal against the judgment of the Upper Shariah Court.

After hearing the appeal, the court below reversed the decision of the Upper Shariah Court and gave judgment by “confirming to Mudari her farm after failure of Buba to swear an Oath, while she swears. This is in accordance with the principles of Islamic Law”

Aggrieved by the decision of the Lower Court the appellant in this court on 19/11/2012 filed an amended Notice of Appeal containing 4 Grounds of Appeal which (leaving out the particulars) read thus:

“GROUND 1

The judgment of the Lower Court is against the weight of evidence.

GROUND 2

The Honourable Kadi’s erred in law when they assumed jurisdiction to try the suit which bordered on title to land.

GROUND 3

The Lower Court erred in law by its failure to strike out the case on grounds that the suit is statute barred.

GROUND 4