AMADU KOBA & MUSA V. NOMA YAHAYA

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the Sharia Court of Appeal, Argungu, Judicial Division, Kebbi State (hereafter referred to as the lower Court, delivered on 7th April, 2016 wherein it set aside the judgment of the Upper Sharia Court, Argungu.

The respondent instituted an action as the claimant in the Sharia Court, Lailaba, against the Defendant (now appellant) claiming title to a farmland which among others, the claimant stated was entrusted to his father by one Mallam Tambo. At page 1 of the record of appeal, the claimant claimed as follows:

I Mal. Idris Maifari Tungar Mal. Nuhu is suing before this Hon. Court over the issue of one farm which Mal. Tambo entrusted to my grandfather Mal. Nuhu.

The trial Sharia Court, Lailaba summoned the respondents before it and after it read out and explained the claim against them, they all denied the claim. The claimant called witnesses in proof of his claim and thereafter, the Defen…