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SARKIN FULANI MALISA v. AISHATU RUWA TUFARA

(2017) JELR 37230 (CA)

Court of Appeal  •  CA/S/76S/2014  •  30 Nov 2017  •  Nigeria

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

Judgement

HUSSEIN MUKHTAR, J.C.A.(Delivering the Leading Judgment):The Appellant was the Respondent before the Kebbi State Sharia Court of Appeal, Birnin Kebbi, while the Respondent was the Appellant. The Respondent sued the Appellant before the Sharia Court Masama for dissolution of marriage on the ground of nonconception and cruelty. The case was subsequently transferred to Upper Sharia Court Gwandu (herein referred to as the trial Court), which heard and determined the case. The Respondent however succeeded only on ground of cruelty or maltreatment while the claim of non-conception was held to be insufficient to ground dissolution of marriage under Islamic Law. The Respondent was advised to return to her matrimonial home and admonished to be loyal to her husband.

Dissatisfied with the decision of the Upper Sharia Court Gwandu the Respondent/Plaintiff appealed to the Kebbi State Sharia Court of Appeal. The Court below however suo motu appointed two mediators without the consent of the parties …

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