HALIMA & 6 ORS V. BANDE

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the majority decision of the Kebbi State Sharia Court of Appeal, sitting at Argungu Judicial Division, delivered on 7th November, 2024 upholding the Respondent's preliminary objection and thereby dismissing the Appellants' case.

At the trial Upper Sharia Court I, Gwandu, the plaintiff's now-Appellants commenced a civil action claiming ownership over some farmlands. Upon service of originating processes on the Respondent, his counsel raised an objection as to the competence of the suit and the jurisdiction of the trial Court on the ground that the subject matter of the plaintiff's suit was hitherto litigated upon in a previous suit.

Aggrieved with the decision of the trial Court, Appellants appeal to the lower Court which dismissed the appeal by majority. Still dissatisfied, Appellants lodged the instant appeal on 6th January, 2025. The notice of appeal located on pages 78 to 83 of the record contain…