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CAPTAIN ABDULLAHI GARBATI v. HAJIYA HADIZA GARBATI & ANOR

(2017) JELR 34310 (CA)

Court of Appeal  •  CA/K/77/S/2016  •  28 Apr 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, JCA (Delivering the Leading Judgment): The Appellant herein who was the Respondent before the Sharia Court of Appeal, Kano (Division III) being dissatisfied with the judgment of the Lower Court quorum: Hon. Kadi Abubakar Ismail Kankarofi (Presiding), Hon. Kadi Tijjani Yahaya Dukawa, Hon. Kadi Mukhtari Muhammad Kunti and Hon. Kadi Ibrahim Ya'u Umar delivered on the 14th day of August, 2014 in which it set aside the judgment of the Upper Sharia Court, Gyadi-Gyadi and ordered for retrial of the matter before Upper Sharia Court, Bompai - Yan kaba; filed a Notice of Appeal dated 18th August, 2014 containing one ground of appeal with its supporting particulars and reliefs sought as follows:-

1. To set aside the judgment of the Lower Court delivered on the 14th of August, 2014.

2. To affirm the decision of the Upper Sharia Court, Gyadi-Gyadi, Kano.

INTRODUCTION AND SUMMARY OF FACTS

The Appellant as Plaintiff before the Upper Sharia Court, Gyadi-Gyadi filed Suit No.CV/27…

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