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ALH. BELLO USMAN BUWAI v. ALH. MUHAMMADU BINGEL

(2017) JELR 37499 (CA)

Court of Appeal  •  CA/K/466/2015  •  22 Jun 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

IBRAHIM SHATA BDLIYA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Kastina State High Court (the lower Court) in appeal No. KTH/27A/2014 delivered on 24th of June, 2014 by Abdullahi Yusuf J. Dissatisfied with the judgment, the appellant, appealed to this court by notice of appeal filed on the 30th of November, 2015 on six (6) grounds of appeal. The grounds of appeal without their particulars are as follows:

(1) The learned High Court Judge (appeal session) erred in law by holding that the issue of contradiction as to whether the money in issue was counted in pieces or not is immaterial.

(2) The learned High Court Judge (appeal session) erred in law by upholding the judgment of the trial Court (Upper Sharia Court 2) based on the evidence of the respondent's relations (brother) of the same father and mother.

(3) The learned trial Judge erred in law by refusing to comply with the order of the High Court in suit No. KTH/3A/2011 remitting the matter bac…

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