ISAH FADA V. MAGAJI MAKIRA

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): The Appellant sued the respondents father one Makira Sule before Sharia Court Yauri (hereinafter referred to as the trial Court) claiming the recovery of a farmland which the Appellant claimed to have inherited from his father.

The Respondent denied the claim and counter claimed that he too inherited the farm land in dispute from his ancestors.

At the end of the trial, the Court entered judgment for the respondent's father. Dissatisfied with that decision of the trial Court, the appellant appealed to the Upper Sharia Court Yauri, which reversed the decision of the trial Court.

The respondent was similarly dissatisfied with the decision of the Upper Sharia Court Yauri and he further appealed to the Kebbi State Sharia Court of Appeal (hereinafter referred to as the Court below) which, after hearing the parties, allowed the appeal, and restored the decision of the trial Court.

Dissatisfied with the decision of the Court below, the ap…