BASHIR GIDAN KANAWA V. ALHAJI SANI MAIKASET

ABDULLAHI, P.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Sharia Court of Appeal Sakata.

The matter principally relates to purchase of a house in Sokoto.

The matter started before the Tudun Wada Lower Sharia Court, which affirmed the purchase.

The appellant was dissatisfied with the decision of the Lower Sharia Court and he appealed to Upper Sharia Court, Sokoto.

In its judgment, the Upper Sharia Court Sokoto affirmed the decision of the Tudun Wada Lower Sharia Court and dismissed the appeal.

The appellant still not satisfied with the decision of the Upper Sharia Court, further appealed to the Sharia Court of Appeal, Sokoto State. Issue of jurisdiction was raised by counsel for appellant for the first time, when the matter was being argued before the Sharia Court of Appeal. The counsel based his submission on the provision of section 39 of the Land Use Act, 1978. He also makes reference to section 22 of the same Land Use Act referring to lack of perm…