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ANGIDA LABBO MAKUKU v. HASSAN MIJIN YAWA

(2016) JELR 37123 (CA)

Court of Appeal  •  CA/S/57S/2012  •  9 Mar 2016  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA; MUHAMMED L. SHUAIBU JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): The Notice of Appeal in this appeal was filed on 10/4/2012. It is to challenge the decision of the Sharia Court of Appeal Kebbi State delivered on 7/3/2012 in suit No SCA/KBS/WSG/21/2009.

On 10/9/2008, the plaintiff at Sharia Court Dirin Daji filed a claim against the defendant claiming as follows:

?I am suing this person because my father leased a farm to his father. Now I asked for the farm but he said that he is not aware of the leasing. This is why I came to the Court so that my farm will be recover (sic) from him.?

The Court of the first instance gave judgment inter alia thus

?Based on lack of credible witnesses on the part of the applicant over his claim, I Hon. Usman A. Besse Judge of the Sharia Court Dirindaji has decided this case confirming to the respondent, Hassan Maijaki the Farm he inherited from his father, based on the witnesses presented and the swearing adduced to him before this Court that BILLAHILLAZI …

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