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ALHAJI KERI & ORS v. BAFASHI AZUGA MAKADA & ANOR

(2018) LPELR-44525(CA)

In The Court of Appeal of Nigeria

On Friday, the 25th day of May, 2018

CA/S/79S/2013


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. ALHAJI KERI
2. JIMRI DOMSO
3. HARUNA YARI MAI RAKUMI - Appellant(s)

AND

1. BAFASHI AZUGA MAKADA
2. MERI AZUGA MAKADA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Jurisdiction of the Sharia Court of Appeal.
FACTS:
This appeal is against the judgment of the Sharia Court of Appeal, Birnin Kebbi, Kebbi State.
The respondents instituted an action against the appellants before the trial Sharia Court, Mahuta claiming title over some farmlands as follows:
"We act as solicitors to the plaintiffs and on whose behalf we hereby present their claim as follows: -
We Bafashi Azuga Makada and Mairi Azuga Makada hereby sue Giwa Ubankasa Birnin Tudu, Alh. Keri Jimri Damso and Haruna Yari Mairakumi before this Honourable Court because at a point in time there about, the month of May, 2008, Giwa Ubankasa B/Tudu caused the detention of Bafashi Azuga Makada, her son and her husband that we had to pay N10, 000. While we were under detention Ubankasa B/Tudu called upon Alh. Keri, Jimri Domso and Haruna Yari Mairakumi and said they should enter into our farmland which we inherited from our father, Azuga Makada who deforested the land for the past 80 years. And we are the one in possession of the farmland are farming thereon which bears the following bounders:-
East bounded by Keri's farmland
West bounded by Jimri's farmland
North bounded by Haruna Farmland
South bounded by Tagda Burmi.
Moreover, we are the one harvesting the fruit of the economic trees on the farmland every year. That is why we are suing them so that the Court can order them to vacate out of our father's farmland. We also pray the Court to order that Ubankasa should refund back to us the N10, 000= which he collected from us. We also pray the Court to order them to pay us the sum of N50, 000 for wrongly entry into our farmland."
At the trial, both parties led evidence and the trial Court, after administering oath on the defendants, confirmed title to the farmland in their favour. The aggrieved party appealed to the Upper Sharia Court, Zuru. There was a further appeal to the Sharia Court of Appeal, which set aside the decision of the Upper Sharia Court. Dissatisfied, appellants appealed to the Court of Appeal.

ISSUES:
The issue for determination in the appeal is:
"Whether the lower Court has the jurisdiction to hear and determine the case having regard to Section 277 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)."

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


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