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SAMAILA BALA v. HINDE BADAMASI GUMEI & ANOR

(2014) JELR 36463 (CA)

Court of Appeal  •  CA/K/246/2011  •  27 Jun 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; J. S. IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The 1st Respondent commenced an action against the Appellant at the Upper Sharia Court, Bichi, Kano State by a Civil Summons filed on 8/9/09 seeking the custody of the five children of her marriage with the Appellant. On 18/6/09, when the matter was mentioned at the said trial Upper Sharia Court Bichi, the Appellant was absent, but, the trial Court however remarked and ordered thus:

"He who was sued was absent in the Court, and also his counsel absent but with all that, the court had directed the registrar Rufai Ahmed Tijjani to write letter of transfer to another U.S.C of Gumel Jigawa State, because they had understood that, this suit was supposed to be filed in Gumel, since the marriage done, and the children given birth to were also in Gumel in Jigawa State, as such, the applicant was living in Gumel Jigawa State as such the matter was transferred to Gumel U.S.C. Jigawa State from 22-7-09."

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