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ALH. MUSA DANKOLI v. MUHAMMADU MAIGARI KATU

(2018) JELR 38629 (CA)

Court of Appeal  •  CA/S/167S/2017  •  12 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Kebbi State Sharia Court of Appeal Birnin Kebbi, delivered on 9th November 2016 affirming the Respondent's claims against the Appellant in respect of title to farmlands and a house.

The Appellant instituted this suit at the Upper Sharia Court, Jega claiming that the Respondent is in possession of some farms and a house belonging to his father that was entrusted to the father of the Respondent. The Respondent, however, counter claimed against the Appellant that he inherited same properties from his father.

The trial Upper Sharia Court Jega delivered its judgment in favour of the Respondent. The Appellant was disgruntled with that decision and therefore appealed to the Kebbi State Shari'a Court of Appeal where the decision of the trial Court was affirmed. The Appellant being dissatisfied further appealed to Court by filing a Notice of Appeal dated 2nd February 2017 predicated upon a lo…

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