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ALIYU SALIHU v. ALHAJI ABDUL WASIU

(2016) JELR 37187 (SC)

Supreme Court  •  SC.203/2014  •  29 Jan 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Sokoto Judicial Division, (hereinafter referred to as the "Court below") delivered on the 27th day of June, 2012. The Court below had allowed the appeal of the present appellant and set aside the judgment of the Sharia Court of Appeal, Kebbi State, delivered on 30/11/2011. The Court below, however remitted the appeal to the Chief Judge of Kebbi State for hearing before the High Court in its appellate jurisdiction.

The facts of the case that culminated into the instant appeal go thus:-

The appellant had commenced an action against the respondent at the?Upper Sharia Court, Jega, Kebbi State claiming two farms and a house which were the properties of his paternal uncle, known as Abdulmuminu. It was not disputed that the same Abdulmuminu is the maternal uncle of the respondent. The appellant's action before the Upper Sharia Court, Jega was meant to have the properties…

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