ALHAJI DAN'AZUMI BELLO V. ALH. MUSA ADAMU & ORS

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): In this Notice of Appeal which is founded on three grounds of appeal, namely:

GROUND I

The learned lower Court Judge erred in law when she held that the laws governing Sharia Courts clothed the trial Upper Sharia Court with jurisdiction to entertain interpleader summons thereby occasioning miscarriage of justice.

GROUND TWO

The learned lower Court Judge erred in law when she held that the trial Upper Sharia Court could entertain interpleader application after the statutory period of six months had lapsed thereby occasioning a miscarriage of justice.

GROUND THREE

The learned lower Court Judge misdirected herself in law when she find thus:

"As next issue is whether the Upper Sharia Court I, can entertain the application after the period of six months had lapsed.

The relief being sought in this appeal is for the judgment of the Kaduna State High Court sitting in Zaria presided over by Justice B. F. Isa, and delivered …