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ALH. USMAN KOJIYO & ORS v. SARKIN RIMA KOJIYO MAHAMMADU SALISU

(2018) LPELR-44508(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/S/31S/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

1. ALH. USMAN KOJIYO
2. ALH. HALI KOJIYO
3. ALH. MUSA KOJIYO - Appellant(s)

AND

SARKIN RIMA KOJIYO MAHAMMADU SALISU - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Islamic Law.
FACTS:
This is an appeal against the decision of  the Sharia Court of Appeal, Sokoto, Sokoto State delivered on 30/9/2013 in which judgment was entered in favour of the respondent herein. 
The respondent was the plaintiff at the lower Sharia Court Goronyo wherein he instituted a suit against the appellants claiming that the farmlands in their possession belongs to the authorities of Kojiyo chiefdoms.
The trial Sharia Court Goronyo, summoned the defendants (now appellants) before it and after it read out and explained the claim against them, they all denied the claim insisting that they inherited the farmlands from their parents. The plaintiff called 7 witnesses and tendered one exhibit while the appellants called no witness. The Court conducted l'izari made its observation/findings and opine that the defendants have no right to hold possession of the farms given to them on loan and upon which they were giving "sufari" and therefore entered judgment in favour of the plaintiff (now respondent). 
Dissatisfied with the judgment, the appellants appealed to the Upper Sharia Court, Wurno which affirmed the judgment of the trial lower Sharia Court Goronyo. Still dissatisfied, the appellants appealed to the Sharia Court of Appeal, Sokoto State which also affirmed the judgments of the trial Sharia Court and Upper Sharia Courts.
Being dissatisfied, the appellants have further appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal based on the following  issue for determination:
"Whether the Court below was right in affirming the decision of the lower Courts under Islamic Law."

DECISION/HELD:
In the final analysis, the Court of Appeal held the appeal as lacking in merit and it was accordingly dismissed.


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