Usman V. Kareem (1994)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C

The plaintiff, Alhaji Salihu Kareem sued the defendant, Alhaji Saidu Usman, before Area Court Grade II Oja, Ilorin presided over by Alhaji S.O. Ahmed claiming share of the land donated to the family of the litigants by the Fulanis.

The defendant denied the plaintiff’s claim. He said the Fulanis did not donate the land in dispute to the family but only to two of them- himself and his brother Alhaji Issa.

The case proceeded to trial. The plaintiff gave evidence and called two witnesses. The defendant also gave evidence and called one witness in the person of his sister Nafi Akande. Exhibit A was put in evidence by the defendant to confirm that the gift of the land was made to only himself and his brother.

After each party had closed his case, the trial Judge accompanied by the plaintiff and the defendant inspected the land in dispute at the end of which he reserved judgment.

In the considered judgment delivered, the learned trial Judge opined that the case was governed by Islamic Law and after a painstaking and compassionate consideration of the evidence adduced, he dismissed the plaintiff’s claim.

The plaintiff appealed to the Sharia Court of Appeal, Ilorin, where that court in a well considered judgment, allowed the appeal and ordered that the land in dispute:-

“be divided for the family head/caretakers, Abdulkarem, the father of the plaintiff/appellant: Saidu Usman defendant/respondent and his brother, Alhaji Issa according to the express wish of the family donor which does not run counter to the law.”

Aggrieved by the Sharia Court of Appeal decision, the defendant appealed to the Court of appeal, Kaduna Division, against it.

The Court of Appeal dismissed the defendant’s appeal and affirmed the judgment and order of the Sharia Court of Appeal. The defendant has now further appealed to this Court against that judgment.

In compliance with the rules of this Court, parties filed and exchanged briefs of argument. In the brief of argument filed by the appellant, the following two issues were identified for determination-

“(i) Was it proper to alter, vary amend or modify the contents of document orally; and

(ii) Was the appeal to the Sharia Court of Appeal validly brought.”

The respondent also raised in his brief, the following three issues for determination-