HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Sharia Court of Appeal of Jigawa State, delivered on the 13th day of October, 2016, in Appeal No. SCA/JG/CVA/43/2016.
The dispute had its genesis from 1998 when the Respondent's late father filed a case against the Appellant's father before the Auyo Shariah Court in case No. CV/39/1998 accusing him of encroachment into his farmland, which was bought from the Appellant's late father, which transaction was witnessed by the Appellant himself as one of the witnesses to the sale agreement. Judgment was entered on the 3/2/1999, after full trial in favour of the Respondent's father after he took oath on the Holy Qur'an.
Thereafter, the Respondent's father enjoyed peaceful possession of the property until 2012, when the Appellant's father sought for extension of time before Upper Shari'a Court Dutse to appeal against the said judgment which was delivered 13 years back. That Court granted th…