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ABUBAKAR YOLE BIRNIN & ANOR v. MUKTAR ALH. MAIROGO & ANOR

(2018) LPELR-44509(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/S/67/2014


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. ABUBAKAR YOLE BIRNIN
2. ALH. UMARU YOLE BINNIN - Appellant(s)

AND

1. ALH. MUKTAR MAIROGO
2. ZULKARNAINI YOLE BIRNIN - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Jurisdiction of the Sharia Court of Appeal.
FACTS:
This is an appeal against the judgment of the Sokoto State Sharia Court of Appeal delivered on 15th May, 2012.

The 1st respondent at the trial sharia Court D/Daji sued the heirs of Jan Allah Yola Birni and one Alhaji Mamman Maiwake claiming a house and a piece of land.

The claim was read to the Defendants who denied the claim and asserted that the house in dispute was sold and that they have not played any role in the said transaction. The case went into trial in which the claimant called witnesses in proof of his claim against the Defendants and thereafter, the Defendant also called their witnesses. At the end, the learned trial Sharia Court conducted I'izar made its observation/findings and uphold the sale transaction as being valid based on the claimants failure to prove that it was not his mother who sold the house in conjunction with Jan Allah.

Aggrieved, the 1st respondent at the Court of Appeal appealed to the Upper Sharia Court, Tambuwal which affirmed the judgment of the trial Sharia Court D/Daji which validated the sale transaction.

Still aggrieved, the 1st respondent appealed to the Sharia Court of Apppeal which set aside the decisions of the Upper Sharia Court, Tambuwal by nullifying the said sale transaction between Jan Allah and Alh. Umaru who gave the house to Alh. Mamman Maiwake.

Disgruntled with above, appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:

"Whether the claim of the 1st respondent/plaintiff before the trial Court affects any issue of Islamic Personal Law which empowered the Court below to competently entertain the appeal from the decision of the lower Court."

DECISION/HELD:
On the whole, the Court found merit in the appeal and accordingly allowed same. The judgment of the Sharia Court of Appeal delivered on 15/5/2012 was held to be void for want of jurisdiction and was therefore struck out. However, the appeal against the judgment of the Upper Sharia Court, Tambuwal in Suit No. CVA/12/2010 was transferred to the appellate section of the High Court of Sokoto State being the proper forum for adjudication.


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