SANI WATA V. MALAMA GADO

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): From the contents of the judgment of the Sharia Court of Appeal which is the lower Court from which this present appeal originated, and the Appellant’s Brief of Argument, the Respondent in this appeal first sued the Appellant before the Upper Sharia Court, Shanga in Kebbi State in Suit No: USC/SHG/CV/123/2017 as Claimant seeking a declaration that there is affinity between her and the Appellant as Respondent. The Court presented the parties and then read the statement of claim to the Appellant and the Respondent in proof of her claim, presented 13 witnesses who all testified before the Court and “IZARI” was performed on the parties by asking them whether anyone of them has anything more to say before the case was decided and both parties said that they have nothing more to say.

The Upper Sharia Court then made its findings where it held that it found it appropriate to consider the testimonies of the witnesses even upon the …