AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Niger State Sharia Court of Appeal, Minna, (Now referred to as "The Court Below") contained in its ruling delivered on the 4th April, 2016 Coram: Hon Khadi Abubakar Sadiq Hassan and Hon. Khadi Suleiman Abubakar Kutigi and Khadi Saidu Hassan, whereby the Court below after finding that the Appellant has not presented before it, enough material upon which it is called upon to act, went further to also directed the parties to go back to the Upper Sharia Court Lemu (Now referred to as the Lower Court") in the interest of justice, for the matter to be completed. The Respondents in this Appeal filed an appeal at the lower Court against the decision of the Sharia Court Edozhigi, (Now referred to as "The Trial Court").
The Respondents filed an appeal against the decision of the trial Court in suit No. ED/CV/2/2013 before the lower Court. The Appellant herein filed a notice of prelim…