MUSTAPHA ALKALI & ANOR V. ALI ALKALI

MANGAJI, J.C.A. (Delivering the Leading Judgment): This appeal once more raises the fundamental issue about the crucial importance of jurisdiction in our adversary system of adjudication. It is an appeal against the judgment of the Yobe State Sharia Court of Appeal dated 27th January, 1994 in which that court, after holding that it had jurisdiction to entertain the appeal, reversed the decision of the Upper Area Court, Damaturu of 13/4/93 and confirmed the transaction between the appellants and the respondent wherein the appellants as vendors sold a house belonging to the 2nd appellant to the said respondent. Aggrieved by the decision, the appellants, on 16/2/94 filed a notice of appeal which contained one ground of appeal questioning the aspect of the judgment of the Sharia Court of Appeal wherein the court held that it had jurisdiction and competence to hear and determine the appeal brought before it. I should perhaps reproduce the ground of appeal. It is couched in the following te…