DANTANI V. GARBA & ANOR

MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment):

At the Upper Sharia Court in Kamba, Kebbi State, the appellant, Mohammed Dantani, commenced an action against the defendants, now respondents to claim possession of a farm, the subject matter of this litigation, which is in possession of the defendants now respondents. The respondents as defendants denied the claim of the plaintiff/appellant that the subject matter was entrusted to them. It was their contention that the farm $'as inherited by them through inheritance under Islamic Law.

In order to establish his case the plaintiff/appellant called four witnesses while the respondents called three witnesses in defence of the appellant's claim.

The trial Upper Sharia Court closely reviewed the case and the evidence before it and stated that the appellant's witnesses evidence were credible and that of defendants/ respondents impeached. Consequently, the trial Upper Sharia Court entered judgment in favour of the plaintiff/appellant…