Zaki Mamman & Ors V Mall. Dan Hajo (2016)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Sokoto Division, hereinafter referred to as the Lower Court, delivered on 28th June 2012. The brief facts of the case that brought about the appeal are supplied immediately below.

As plaintiff, the respondent herein commenced action against the appellants at the upper Sharia Court I Birnin Kebbi claiming possession of the farm lands he inherited from his father. The farm lands in dispute are situate at Karaye district of Kebbi State. At the conclusion of trial, the trial Court rejected the testimonies of the witnesses called by the respondent to prove his case for same were successfully impeached. Instead, the Court preferred the testimonies of the witnesses of the appellant and entered judgment for him.

Dissatisfied, the respondent appealed to the Sharia Court of Appeal which, on dismissing the appeal, affirmed the trial Court’s judgment. Respondent’s further appeal on three grounds vide his Notice of appeal filed on 15th September 2011 to the Court of Appeal, succeeded. In allowing the appeal, the

1

Lower Court at pages 64 – 67 of the record of Appeal concluded as follows:-

“…On the whole, the instant appeal succeeds only on the ground of want of jurisdiction. The proper Court that has jurisdiction to adjudicate in the matter by hearing and determining same, in my humble view, is the Kebbi State High Court of Justice. Being an appeal heard and determined by the Lower Court without jurisdiction to hear same, the appeal is hereby struck out for want of jurisdiction. As a Corollary, it is hereby remitted to the Kebbi State High Court of Justice to hear and determine it in its appellate jurisdiction same hearing emanated from the Upper Shafia Court No. 1 Birnin Kebbi.”‘

Aggrieved by the foregoing decision, the respondents in that Court have appealed to this Court on an amended Notice of appeal filed on the 28th April 2014 containing four grounds.

At the hearing of the appeal the parties, having identified their briefs including the appellant’s reply brief, adopted and relied on same as their arguments for and against the appeal.

The lone issue distilled by the appellants from their 1st and 4th grounds of appeal reads:-<br< p=””

</br<

2

“Whether in the entire circumstances of this case, the Court below was not wrong after it had struck out the appeal before the Sharia Court of Appeal of Kebbi State for want of jurisdiction, by thereafter making an order to remit the appeal to the Kebbi State High Court of Justice to hear and determine it in its appellate jurisdiction (Grounds 1 and 4).”

Appellants’ 2nd and 3rd grounds of appeal are deemed abandoned and accordingly struck out.