Usman Chiso & Anor V. Mandiya Bello & Anor (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 appeal filed on 27/7/2006 by the appellants, the Court of first instance in this appeal was Sharia Court Dalijon. The claim before the Sharia Court Dalijan reads thus

“I Usman Susu and Ruwa Susu Barama are suing Bello Mai-Gandu, Alu Mai – Gandu and Badiya Mai-Gandu Gudai because our father entrusted farms to our village head. The village head leased one farm to their father called mai – Gandu. Now our father is dead and their father is also dead. We seek that they gave us our farm so that we will divide it, but they refused.

They claim that it is their farm not ours. The village head invited us both and said that he transfer to us the trust that our father gave him. But they disagree. This is why we are suing them so that they will give us our farm which belong to our father – Yahaya.”

The Sharia Court Dalijan heard the parties and gave judgment in favour of the claimants.

The defendants appealed to the Upper Sharia Court Argungu as they were then dissatisfied with the decision of Dalijan Court, the Upper Sharia Court Argungu after hearing the parties also gave judgment affirming the decision of the Dalijan Court.

There was then a further appeal to the Sharia Court of Appeal Kebbi State which sat in Argungu, the lower Court after hearing the parties allowed the appeal and reversed the decision of the Dalijan Court.

Miffed by the decision of the lower Court, the appellants filed Notice of Appeal challenging the said decision, the appellants sought and obtained leave to file and argue additional grounds of appeal as contained in their amended Notice of Appeal filed on 14/5/2015.

The grounds of appeal as per the amended Notice of Appeal are

GROUND ONE: ERROR IN LAW

That Sharia Court of Appeal Kebbi State erred in law when it entertained appeal No SCA/KB/AR/04/05 without jurisdiction.

Particulars

a. The Sharia Court of Appeal Kebbi State has no jurisdiction on matter concerning Islamic Personal Law Status as contained in Section 277 (2) (A-E) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

GROUND TWO: ERROR IN LAW