Dandare Hakimi Bela’uwa v. Noma Gado (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading judgment)

This appeal emanated from the judgment of the Sharia Court of Appeal, Yauri/Zuru Judicial Division of Kebbi State, delivered on 26th June, 2023.

The appellant, Dandare Hakimi Belauwa sued the respondents at the Upper Sharia Court, Shanga claiming the return of farmland leased to the respondents by his late father. The appellants claim located at page 1 of the record reads as follows:

I, Dandare Hakimi is suing Noma Gado, Hakimi Zaura and Nayaya before this hon. court over the issue of the farms which was confirmed to my late father after a court case. They requested to lend the farm from my father in return for which they will be giving him some benefits annually.

Now he is dead and I asked them to transfer what they lend but they refused. As such I sued them so that they will vacate my estate.

The respondents denied the appellants claim claiming that he deforested the farm at the time when the appellants father was the village head of Belauwa wherein he remained in possession thereof.

The matter proceeded to trial with the appellant calling a total number of sixteen (16) witnesses in substantiating his claim. In the end, the trial upper Sharia Court, Shanga dismissed the claim for want of credible witnesses. The appellants appeal to the lower court was also dismissed and thereby affirming the judgment of the trial court.

Appellant was dissatisfied and hence approached this court vide a notice of appeal filed on 27th July, 2023. The said notice of appeal contains three grounds of appeal, devoid of their particulars, are hereunder reproduced as follows: –

Ground one

The learned Khadis of the Sharia Court of Appeal, Kebbi State erred in law and acted without jurisdiction when it entertained appeal No. SCA/KBS/SHG/26/2022 when there is nothing to show that it has jurisdiction where the subject matter of the dispute between the parties is land occasioned a miscarriage of justice.

Ground two

The learned Khadis of the Sharia Court of Appeal, Kebbi State erred in law and prejudiced the constitutional right of fair hearing of the appellant as enshrined in section 36(1) of the 1999 Constitution (as amended) when it failed togive the appellant right to address the court otherwise known in Islamic Law as IZAAR.

Ground three

The learned Khadi of the Sharia Court of Appeal, Kebbi State erred in law when they held that the appellant failed to produce his witnesses while in fact opportunity was not given to him to be heard and this has occasioned a miscarriage of justice.