Ruwa Tufara Magama v. Abubakar Karami Masama (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ABUBAKAR SADIQ UMAR, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Sokoto Division, hereinafter called the lower court or the court below in appeal No. CA/S/39S/2016, delivered on the 7th day of December, 2018.

In the said judgment, the lower court set aside the concurrent judgments of both the Sharia Court of Appeal, Kebbi State, hereinafter called the intermediate appellate court in appeal No. SCA/KBS/GD/55/2014 and Upper Sharia Court 1, Gwandu, hereinafter called the trial court in suit No. USC/GD/CV/F1/27/2014.

Briefly put, the facts of the instant appeal are as follows:

The appellant herein, the father of one Zalihatu Muhammadu was the Plaintiff in the trial court. In a suit that was commenced on the 7th day of April, 2014, he stated his claim in the following manner:

I Muhammadu Ruwa is suing one Abubakar Karami because after he seek for the hand of my daughter called Zalihatu in marriage and I granted his request. He also paid the dowry of N40,000.00 but before the marriage was contracted he had an affair with her.

Seven weeks after the marriage was he saw her with pregnancy and he denies it. He return the girl to her elder sisters house. This is why I am suing him so that he will accept responsibility for the pregnancy. (See page 1 of the record.)

Upon being confronted with the claim the respondent herein as defendant, denied the same in the following words:

I heard but it is not true. I did not impregnate his daughter because I am not aware of her pregnancy until when she was brought to my house. It was my mother who told me that she is pregnant.

I then asked her Zaliha it was said that you are pregnant is it true? She said to me that she is not pregnant and for 3 days I was asking her. It was during the course of my investigation that she told me that she is 3 – 4 months pregnant.

I said to her let me tell your elder sister Zuwaira so that you can go to the hospital to confirm the truth. We then went to the hospital at Yauri and it was confirmed that she is 7 months old pregnant.

Still we went to another hospital and it was confirmed that she is 5 months old pregnant.

After this we went to another hospital in Tambuwal with her elder sister Zuwaira and it was confirmed that she has a 5 months and 5 days old pregnancy. Our marriage was contracted 2 months ago that is, it was contracted on the 8/2/2014. As such I took her to her sister because I am not responsible for her pregnancy

(See pages 1 – 2 of the record.)