Dije Mamman Dahiru Kinfau V. Musa Na Zara Kinfau (2005)

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BABA ALKALI BA’ABA, J.C.A.

This is an appeal against the judgment of the Katsina State High Court, sitting in its appellate jurisdiction, holden at Dutsinma Judicial Division, Dutsinma, delivered on 25th day of May, 2000. The appellant, Dije Mamman Dahiru Kinfau, was the plaintiff at the Ruma Area Court, Batsari, where she instituted an action against Musa Nazara Kinfau, the respondent in this appeal. The appellant’s claim before the Ruma Area Court, Batsari as stated by the appellant reads:

“I, Dije Kinfau, I am suing Musa and Sabe because there is a farmland which belongs to my father Ali, which is situated at Kinfau when he is about to travel to Mecca, he gave Mai Unguwa Bako the father of Musa and Sabe the farmland for safe keeping, he spent 13 years then he came back, when he came back, he collected his farmland from Musa the son of Mai Unguwan Bako, he gave the said farm to us and we cultivated it for one year. Then when he came back, he found that Mai Unguwan Bako died, remain only his sons. In the two years, we went back to the farm for cultivation we found that Musa are cultivating it. I informed that I am going to sue him to my father Alhaji Ali, he said I will never collected the said farm because there is supporters, (Gamakai) then we leave the farm in there hand and it now 13 years ago when the farm was collected and my father died 12 years ago. That is why I came to the court to sue him so that the court will collected my farm.”

The respondent in reply said,

“My statement is that I heard what she said and it is not true because her father did not gave our father a farmland for safe keeping. This farm was given to our father by Alhaji Ila for safe keeping and they are at Saudiya (Mecca) and also the father of Ila is the guardian to Alhaji Ali that is Dije’s father… But this farmland it was given to our father for safe keeping (Amana) and it is also in our custody for safe keeping to the time when Alhaji Ila came back, that is my statement.”

In support of her claim, the appellant called three witnesses, the respondent also called three witnesses before the Ruma Area, Court, Batsari.

At the conclusion of the evidence of the parties, the trial Judge in his judgment said:

“Court reconciled between Dije and Musa and Sabe Kinfau the farm is divided into two and it was given to them as safe keeping and any date Sarna, Ila Sarna from Mecca they should give him his farm as it was given to them for safe keeping, but he did not return back if his children came the farm should be given to them.”

Dissatisfied with the judgment, the respondent appealed to the Upper Area Court, Dutsinma.

After hearing the appeal, the Upper Area Court Judge, Dutsinma in his judgment, held,

“I, Alhaji Abashe Barun, Upper Area Court Judge Dutsinma confirm the complete farm to Dije but of any one want his share, he can sue Dije or Nana or Ila but not Musa Nazara.”

The respondent still dissatisfied further appealed to the Katsina State High Court which heard the appeal and in its judgment delivered on 25/5/2000 allowed the appeal and set aside the decisions of Area Court Batsari and Upper Area Court Dutsinma.

The lower court ordered that the respondent, Musa Nazara should continue to look after the farm until the mandate is taken away from him.

The appellant is aggrieved and dissatisfied with the judgment of the lower court as a result she appealed to this court by a notice of appeal filed on 31/7/2000 containing four grounds of appeal. However, Y.J. Nzuwe, Esq, learned Counsel for the appellant was on 6/4/05 granted leave by this court to appeal against the ruling and final decision of the Katsina State High Court sitting in its appellate jurisdiction.