Garba Burgu Fada V. Aliyu Ibrahim (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is the Judgment in respect of the appeal lodged by the appellant on 25/6/2012 vide his Notice of Appeal containing 3 grounds of appeal.

The 3 grounds of appeal as per the Notice of Appeal (excluding the particulars) are:

“Ground 1

The Lower Court has no jurisdiction to entertain the suit, therefore the whole decision of the Lower Court is a nullity

Ground 2

The Appellant was not given a fair hearing

Ground 3

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

The claim of the plaintiff at the Sharia Court Ribah was as follows:

“I, Aliyu Ibrahim is suing one Garba Fada over the issue of the farm I inherited from grandfather called Dan Ruwa, more than 50years ago no one has ever claimed and we have been working in this farm for all these years. But now Garba claimed that it is his farm. This is why I am suing him before this court so that my farm will be confirmed to me.”

The court of first instance after hearing the parties gave judgment on 2/9/2010 thus:

“I, Hon. Mal. Nasiru Yalli B/Kebbi Judge of Sharia Court Ribah based on the testimonies of these 3 witnesses presented by Aliyu Ibrahim the authorities cited supra and the long duration of years Aliyu Ibrahim has been in possession of this farm. That since from his grandfather called Dan Ruwa descending to his father and finally to him. I decided this case by confirming this farm to the plaintiff Aliyu Ibrahim.”

The plaintiff not being satisfied with the judgment of the Sharia Court Ribah appealed to the Upper Sharia Court Wasagu. When he lost his appeal, he subsequently lodged an appeal to the Sharia Court of Appeal Kebbi State holden at Yauri/Zuru Zone.