Kararin Alelu A. Faruq V. A. Sani Mai Allon Karfe (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 against the judgment of the Sharia Court of Appeal Kebbi State sitting at Birnin Kebbi delivered on 22/1/2013.

The Upper Sharia Court Jega was the court of first instance in this matter. The plaintiff had instituted an action at the Upper Sharia Court claiming as follows:

“I, Alh. Sani Mai Allon Karfe is suing kararin Alelu, Alh. Faruku because our district area which we Inhertted from our parents, Bawa Waziri. Now, the Kararin Alelu Alh. Faruk claimed that he owed thisdistrict area. Also 12 Kararin Alelu ruled and each of them left this issue to us. But now during his reign he claimed that the area belongs to him. Our grandmother Marliyya is the daughter of Sarkin Kabin Illo. This Marliyya is the mother of Bawa Waziri and the later is my mother. When Karari Modi divided farms to his younger sister, he gave towns to the males. As such Marliyya been the eldest was given the district area of Muazu and Marake area. This district area has been under the title of the descendants of Marliyya for the past 150 years. We have been empowered of this area for all this while. Now, the present “Karari” claimed that since he was appointed as the “Karari”, then the district area is under his jurisdiction.

As such I am suing him wanting the court to warn him to leave our district area (sic).”

After hearing the parties the Upper Sharia Court Jega gave judgment as follows:

“I, Hon. Muh’d sani Randall judge of Upper Sharia Court Jega based on the foregoing deliberation with the parties, and the testimonies of the 4 credible witnesses. Based on the consideration of the provisions of Sharia Law, as this court has affirmed this gift as stated in the court finding. Based on these grounds and authorities stated supra as a king or a village head can give a person a land within his town and the person can take care/possession of it. Under Islamic law it is refers to as “Ikida1”. Therefore I decided this case by confirming to the family of Bawa Waziri the district area given to as gift by Kararin Alelu. Modi to their father. I relied more on the authority from the Book of MINHAJUL – MUSLIM page 332 as follows:

Therefore based on all the foregoing, I decided this case by confirming these 2 district areas to the family of Bawa Waziri (sic). They are:

1. Marake District Area

Length -East to West -4000fts

South to North – 5100fts

East share boundary with Badariya town, West with Atiku, South with Daba’u district and North with Jandutsi road

2. Muazu District Area

East to West – 4553 fts

South to North – 4500 fts

East share boundary with Muazu district, west with Fagada Bawa, south with path to Jandutsi and north with Fagada Babba.