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HAUWA'U TALLAHI v. KASIMU ADABKA

(2018) LPELR-44507(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/S/17S/2016


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

HAUWA'U TALLAHI - Appellant(s)

AND

KASIMU ADABKA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Islamic Law and Procedure.
FACTS:
This appeal is against the Judgment of the Sharia Court of Appeal, Kebbi State delivered on 23/3/2015 affirming the judgment of the Upper Sharia Court Zuru which annulled the gift of a house by Mairin Gana to the appellant. 
The Sharia Court of Appeal ordered that the house be handed over to the heirs of Mairin Gana because the condition of the gift have not been fulfilled as there was no possession.
Dissatisfied with the above, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue it couched as follows:
"Whether having regards to the evidence adduced, the lower Court was right in affirming the judgment of the trial Court."

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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