HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal sitting at Argungu Zone delivered on 3rd May, 2012 upturning the decision of the Upper Sharia Court Kamba in appeal no. CVA/AP/NO/04/2010.
The respondent herein initiated the suit as plaintiff against the appellant before the trial Sharia Court Fana in suit no. CV/FI/NO/2010, claiming title over a farmland and judgment was entered in favour of the Respondent on 28th June, 2010. (See pages 1- 5 of the Record of Appeal)
The Appellant felt dissatisfied with the judgment of the trial Court and therefore filed an appeal before the Upper Sharia Court Kamba on 1st July 2010, which appeal was heard and determined on 30th November, 2010 in favour of the Appellant. (See pages 6 - 14 of the Record of Appeal)
The Respondent being aggrieved with the decision of the lower Court, filed an appeal at the Court below on 1st March, 2011 vide notice of appeal no. SCA/KB…