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AMADU KOBA & MUSA v. NOMA YAHAYA

(2018) LPELR-44527(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/S/77S/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

AMADU KOBA & MUSA - Appellant(s)

AND

NOMA YAHAYA - 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, Argungu Judicial Division, Kebbi State.

The respondent instituted an action at the Sharia Court, Lailaba, against the appellant, claiming title to a farmland which he claimed, was entrusted to his father by one Mallam Tambo. The trial Sharia Court, Lailaba, conducted trial and held that the respondent's witnesses were credible and entered judgment in his favour.

Dissatisfied, appellant appealed to the Upper Sharia Court, Argungu which reversed the decision of the trial Sharia Court Lailaba and confirmed the disputed farmland to the appellant. Aggrieved, respondent appealed to the Sharia Court of Appeal, which set aside the judgment of the Upper Sharia Court, Argungu and restored the decision of the trial Sharia Court Lailaba. Appellant appealed to the Court of Appeal.

ISSUES:
The issue for determination in the appeal is:
"Whether the Sharia Court of Appeal had jurisdiction to entertain the appeal before it."

DECISION/HELD:
In the result, the appeal was allowed.


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