Muhammad Bello V. Muhammad Ruwa (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is the judgment in respect of the decision of the Sharia Court of Appeal, Kebbi State delivered on 9/7/2013.

The Sharia Court of Tungar – Dan Nafe was the Court of first instance where the plaintiff (now the Respondent) initiated the action originally.

The claim of the plaintiff at the Court of first instance read thus:

?I Muh?d Bello Alh. Salah Gwadi is suing one Muh?d Ruwa Alh. Salah Gwadi over the issue of the houses our Father (Alh. Saleh) bought from Dikko Chama. The left the houses under the case (sic) of Muh?d Ruwa, We asked him to give the houses so that they will be divided to rightful heirs. But up to now he refused, this is why I am suing him before this Court, so that the Court will recover the houses and divide them to the heirs.?

The claimant at the Court of first instance won the case, as the decision of the Sharia Court of Tungar – Dan Nufe was in his favour. The respondent, not satisfied with the decision, then appealed to the Upper Sharia Court Bunza which affirmed the decision of the Court of first

instance.

The Respondent who lost at the Upper Sharia Court, Bunza later appealed to the Court below and won. The lower Court set aside the decision of Upper Sharia Court, Bunza.

Now, the original claimant is now the appellant in this Court. He appealed against the decision of the lower Court on the ground that it lacked jurisdiction to hear and determine the appeal.

The record of appeal in this appeal was transmitted to this Court on 11/6/2015 after which parties filed and exchanged briefs of argument.

The appellant?s brief of argument was filed on 11/6/2015. The brief was settled by L. Olaseinde Karim, appellant?s counsel.

The appellant?s counsel formulated one sole issue for determination to wit:

?Whether the Sharia Court of Appeal had jurisdiction to entertain this case having regard to Section 277 of the 1999 Constitution (As amended)?

?Learned counsel submitted that jurisdiction was the linch pin of the entire litigation as well as the foundation upon which every litigation hinged upon. Relying on Section 277 (1) & (2) c of the 1999 Constitution, Learned counsel submitted that the