Kurman Kurma V. Magadan Sani Sauwa (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the Court of Appeal (Sokoto Division) delivered on 16 March, 2016 wherein the Court ordered that the appeal be transferred to the appellate Division of the High Court Kebbi State for hearing. The course which the proceedings have taken, and the relevant facts shall now be set out.

The appellant as plaintiff sued the respondent (and his heirs) as defendant before a Sharia Court in Kebbi State for compensation for building a house for the defendant. On 16 July, 2013 the Sharia Court entered judgment as follows:

. Therefore, the Court has decided that they should pay him the sum of N30,000 for his structures if they fail to pay, then he should pay them N45,000 for the cost of their plot .

Aggrieved by this judgment, Mohammed Sani Sauwa, who was not a party in the trial Court filed an appeal. The appeal came before the Upper Sharia Court 1, Argungu. On 23 April, 2014 the Court entered judgment. It reads as follows:

“We the Judges of Upper Sharia Court I and Upper Sharia Court II what we have seen is there is

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no trial between Kurma and Moh’d Sani Sauwa. The Sharia Court Gulma said it did not conduct such trial.

In this regard there is nothing we can conduct, apart from directing Moh’d Sani Sauwa to seek for his right from Kurma. Or whoever he thinks he has right over the issue for the house. He should institute another case before the Court at Gulma over whatever he is claiming. Since the copy presented before us does not pertain to his case. We did nothing because none of the parties in the case appeal.

The appeal was dismissed. Now, the plaintiff before the trial Court filed an appeal, it was heard by the Sharia Court of Appeal, Kebbi State.

The respondent was the defendant in the trial Court. This Court affirmed the decision of the Upper Sharia Court. This is what the Court had to say:

. Based on the foregoing, we at the Sharia Court of Appeal Kebbi State, Argungu Division here affirm the decision of Upper Sharia Court, Argungu. The Court has decided that since the Court of Gulma said it did not conduct the trial between Kurman Kurma and Moh’d Sani Sauwa in this regard there is nothing for is to conduct but for Upper Sharia

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Court Argungu to direct Moh’d Sani Sauwa to seek for his right from Kurma or whoever he seems to have claim over.