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DAUDA ADAMU HELENDE v. SAMA'ILA MUSA & ORS

(2018) JELR 38540 (CA)

Court of Appeal  •  CA/S/24S/2016  •  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 emanated from the decision of the Kebbi State Shari'a Court of Appeal, Argungu Division, delivered on the 14th day of April 2015. The Kebbi State Shari'a Court of Appeal (herein referred to as the Court Below) affirming the decision of the Upper Sharia Court 1, Argungu, Kebbi State. Disgruntled with the said decision, the Appellant filed his Notice and Grounds of Appeal before this Court based on the following sole ground of appeal:

The Sharia Court of Appeal, Argungu Division, Kebbi State erred in law when it entertained an appeal on issue, which it lacks the requisite jurisdiction to adjudicate upon.

PARTICULARS OF ERROR

a. The jurisdiction of the Sharia Court of Appeal is limited to issues relating to Islamic Personal Law as enshrined under Section 277 (1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

b. The issue before the lower Court (Sharia Court of Appeal, Argungu Division, K…

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