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ALH. HABIBU & ORS v. MAL. SA'IDU ALELU

(2018) LPELR-44530(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/S/109S/2014


Before Their Lordships

HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria

MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria

FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria


Between

ALH. HABIBU & 2 ORS - Appellant(s)

AND

MAL. SA'IDU ALELU - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the jurisdiction of the Sharia Court of Appeal.
FACTS:
This appeal is against the judgment of the Sharia Court of Appeal, Birnin Kebbi, Kebbi State, wherein it set aside the judgment of the Upper Sharia Court, Jega, Kebbi State. At the trial Court, respondent had sued the appellants and claimed as follows:
"I Mal. Sa'idu Alelu is suing Alh. Habibu, Alh. Abubakar and Haruna over issue of two farms given to me by my maternal uncle. I was travelling to Borno State and I entrusted these farms to Alh. Rabi'u until I come back. Now I returned and requested for my farms. Mal. Rabi'u said the farms should be returned to me when he was alive. But these people I am suing disagree."

The Upper Sharia Court found in favour of the appellants. Respondent appealed successfully to the Sharia Court of Appeal. Appellant appealed to the Court of Appeal.

ISSUES:
The issue for determination is:
"Whether the Sharia Court of Appeal has jurisdiction to entertain appeals relating to title to land."

DECISION/HELD:
In the final analysis, the appeal was allowed.


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