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ABDULLAHI SARKIN GOBIR GWABBARE v. DANDARE SARKIN GOBIR GWABBARE

(2018) JELR 38389 (CA)

Court of Appeal  •  CA/S/3S/2017  •  12 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the Kebbi State Shari'a Court of Appeal, Argungu Division, delivered on the 27th day of October 2016, wherein the decision of the Upper Sharia Court Gwandu, Kebbi State was affirmed which also affirmed the decision of the trial Sharia Court, Argungu. Disgruntled with the said decision, the Appellant proceeded to file this appeal vide a Notice of Appeal predicated upon the following twin grounds:

1. The judgment is against the weight of evidence.

2. The learned trial judges erred in law when they assumed jurisdiction on a matter they have no jurisdiction.

PARTICULARS:

a. The matter between the Appellant and the Respondent is in respect of a house dispute.

b. Matter is a dispute of house.

c. The lower Court has jurisdiction to try appeals founded on Islamic Personal Law only.

d. The lower Court cannot try issue not bordering on Islamic personal law.

e. A house dispute is not within Islamic perso…

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