MAMMAN MAIGARI, MOHAMMADU TSADU & ALHAJI GANA V. ALHAJI TSWASHAGI RABA BIDA

D. MUSDAPHER, J.C.A. (Delivering the Leading Judgment): Alhaji Tswashagi Raba Bida, the respondent herein, was the plaintiff before the Area Court Agaie. He sued the appellants herein for the recovery of a farmland which was entrusted to one Muhammadu Guzau. In accordance with Islamic law procedure when the respondent's claims were read to the appellants they denied the claims, they also set up the defence of estoppel per rem judicatam, claiming that the same issues were adjudged to finality between the parties by the Civil Upper Area Court Bida in suit No. UAC/BD/FX/311. The trial court investigated this special defence and rejected it. Thereafter the proceedings commenced under the provisions of Islamic law and procedure. The respondent as the plaintiff was asked to produce his witnesses. The appellants as defendants were represented by counsel who demanded that both the plaintiff and the defendants and their witnesses should all be sworn with the Holy Koran so that this will ease t…