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ALHAJI YAHAYA GWANGWAN V. HAJIYA HASSU GAGARE

(2002) JELR 52698 (CA)

Court of Appeal  •  CA/K/408/2001  •  29 Oct 2002  •  Nigeria

Coram
ISA AYO SALAMI, JCA (Presided) MAHMUD MOHAMMED, JCA (Read the Lead Judgment) BABA ALKALI BA' ABA, JCA

Appearances
A. M Danbaba - for the Appellant. -*- N.A. Ahmed - for the Respondent.

Judgement

MOHAMMED, JCA (Delivering the Lead Judgment) : By an order of court dated 17/2/99, the Sharia Court of Appeal Katsina State after hearing an appeal in this matter between the parties in this appeal which came to it from the Upper Area Court No. 2 Katsina, ordered a retrial of the matter before the Upper Area Court Katsina No. 1 where the respondent as the plaintiff claimed against the appellant as the defendant as follows:- “I am complaining against Alhaji Yahaya because my son Wada has sold a house to him at a cost of N125,000.00 without my knowledge. My said son Wada is insane and Alhaji Yahaya was aware of this when he entered into the purchase transaction with him. It is for this reason that I sue the defendant and l am urging the court to nullify the transaction”. The plaintiff who is now the respondent in this court in support of her claim for the nullification of the sale transaction of a house between her son Wada and the defendant who is now the appellant in this cou…

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