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SANUSI IBRAHIM & ANOR v. ISHAQA SARKIN YARBAWA

(2018) JELR 38628 (CA)

Court of Appeal  •  CA/S/111S/2017  •  13 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 is an appeal against the decision of Shari'a Court of Appeal Sokoto State in the Appeal No. SCA/GW/36/2015 delivered on 23rd March 2016, corum;Hon. Grand Khadi Alhaji Abdulkadir S. Tambuwal, Hon. Khadi Muhammadu Tambari Usman and Hon Khadi Dahiru A. Danjega.

The original Plaintiff Hajiya Hadiza Abdullahi (now late) instituted an action before before the trial Shari'a Court Illela against the Defendant/Respondent Alhaji Ishaqa Sarkin Yarbawa for the return of her House, Farmland and proceeds from the sale of her cattle.

The Defendant/Respondent in denying the claim stated that the claims were concocted by the Appellant to vilify him. Four different documents dated 4th May 2011, 23rd October 2012, 4th May 2011 and 28th October 2012 were tendered and one witnesses - Alh Mamman Danyaya gave evidence in support of the gift. The trial Court then delivered its judgment dismissing the claim of the Plaintiff.

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