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UTHMAN MOHAMMED, J.C.A. (Delivering the Leading Judgment): In the Brief of Argument filed by the appellant for the prosecution of this appeal, his counsel formulated the following issues for the determination of the appeal:
(1) Whether the Borno State Sharia Court of Appeal has jurisdiction to entertain an appeal in respect of contract of sale as at 22/5/84 even though Islamic Law of contract was applied.
(2) If it has jurisdiction to so entertain the appeal, whether it was proper to interfere with the decision of the Upper Area Court Nguru, the trial court in view of the weight of evidence before the trial court.
The first question for determination of this appeal which I have reproduced above touches the issue of jurisdiction of the Sharia Court of Appeal to determine the matter in dispute between the parties in this appeal. It is pertinent, therefore, to refer to the claim filed by the respondent, before the Upper Area Court, Nguru, against the appellant. The case is a representat…