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ALHAJI KERI & ORS V. BAFASHI AZUGA MAKADA & ANOR

(2018) JELR 39153 (CA)

Court of Appeal  •  CA/S/79S/2013  •  25 May 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
Nasiru Sahabi (HB of S.M. Danyaro) For Appellant Y. Y. Gwazawa (HB of Garba A. Shehu) For Respondent

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Sharia Court of Appeal Birnin Kebbi, Kebbi State delivered on the 24th September, 2012 wherein it set aside the judgment of the Upper Sharia Court, Zuru, Kebbi State.

The respondents herein instituted this suit against the appellants before the trial Sharia Court Mahuta claiming title over some farmlands in Suit No. USC/ZUR/CV/167/09. The said claim is at pages 1 and 2 of the record of appeal and it read thus:

We act as solicitors to the plaintiffs and on whose behalf we hereby present their claim as follows: -

We Bafashi Azuga Makada and Mairi Azuga Makada hereby sue Giwa Ubankasa Birnin Tudu, Alh. Keri Jimri Damso and Haruna Yari Mairakumi before this Honourable Court because at a point in time there about the month of May, 2008, Giwa Ubankasa B/Tudu caused the detention of Bafashi Azuga Makada, her son and her husband that we had to pay N10, 000. While we were under detention U…

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