<p><strong> ABIRIYI JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Sharia Court of Appeal, Kebbi State (hereinafter referred to as the lower court) which affirmed the decision of the Upper Sharia Court sitting at Zuru (hereinafter referred to as the trial court). At the trial court, the respondent who was the plaintiff made the following claim against the appellant who was the defendant: “I Nallo Yahi I am suing one by name Jimri Sakaba because I want him to give me back my farm which my father borrow to him before his death and my father relation demanded for the return of the land in dispute and he Jimri Sakaba refused and my father relation is the one who harvest the locus bean trees that are in the said piece of land up till today.” The trial court heard witnesses and entered judgment in favour of the respondent on 1 September 2008. The appellant was dissatisfied with the decision of the trial court and appealed to the lower court. The lower court heard th…</p>