ABUBAKAR YOLE BIRNIN & ANOR V. MUKTAR ALH. MAIROGO & ANOR

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Sokoto State Sharia Court of Appeal delivered on 15th May, 2012 wherein, judgment was entered in favour of the 1st respondent, the appellant at the lower Court. The 1st respondent at the trial lower sharia Court D/Daji sued the heirs of Jan Allah Yola Birni and one Alhaji Mamman Maiwake claiming a house and a piece of land. The said claim is at pages 1 and 2 of the record of appeal and it read as follows:

I Muktari Mairogo Yola Birni am bringing a law suit against the heirs of Jan Allah Yola Birni and Alhaji Mamman Maiwake Tambuwal over the fact that Jan Allah sold my house and a piece of land both of which I inherited from my father, to Alhaji Mamman Maiwake Tambuwal without my consent and I was not aware that he had sold both the house and the land until this year (2008). I met Mamman Maiwake erecting some structures on the land within the house. When I enquired from him as…