Giwa Kumu Dabai V. Mauchi Wawan Kwama (2014)

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 filed against the decision of the Sharia Court of Appeal Kebbi State delivered on 29/7/2009.

The appellant as plaintiff had earlier on instituted an action against the Respondent at the Upper Sharia Court Zuru claiming as follows.

“I Wawa Kwama Giro, a resident of Dabai town is suing one Giwa Kumu Dabai because he is my relation but he started & stalling out inheritance I talked to him that the issue should be divided and allotted to each heir is entitlement. But he said that he will take his own share because he will not join his inheritance with anyone.

Whereas his father died a traditional believer while he is a Muslim. He will not pay the traditional alm in respect of tradition. As such I am suing him so that he will remove his hand because it was my brother that is his father that we share inheritance with.”

The Upper Sharia Court after hearing the parties gave judgment after being satisfied with the testimonies of the plaintiff witnesses and ordered the division of the farm to the following:

1. Wawan Kwama
2. Dan – dizi
3. Baba
4. Muse
5. Kumu (father of Giwa)

The defendant not satisfied with the judgment of the Upper Sharia Court appealed to the Lower Court on the following grounds:

1. “The judge was not far to me because he judge that the farm be distributed which farm I inherited from my father called Kumu Kane for about 68 years I had been farming it not those that claimed to have a share on it.
2. The judge said I should bring witness, I brought 4 witnesses and they gave evidence according to the claim.
3. I am praying this court to overturn the decision of U.S.C Zuru to leave my farm for me”

After hearing the parties the lower court dismissed the appeal as follows:

“Because of what happen we at this court we have ruled and confirmed the decision of the trial U.S.C. Zuru which ruled for the distribution of the farm disputed farm between the Appellant and the Respondent and the other hairs according to the Shariah.

We dismissed the appeal.”

It is against the above decision of the Lower court that the appellant filed Notice of Appeal containing 6 grounds.

The 6 grounds of appeal (Shorn of the particulars) are

GROUND 1

The Trial Upper Shari’ah Court Zuru, Kebbi State erred in law when it entertained an Appeal on an issue which it lacked jurisdiction.