MUHAMMADU UMAR SESSEDA V. UMARU NAHARI SESSEDA

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Shari'a Court of Appeal Kebbi State, holden at Argungu Judicial Division in Appeal No. SCA/KBS/GD/29/2003 delivered on the 4th day of August 2003.

The Respondent commenced the action as the plaintiff at the trial Upper Sharia Court Gwandu, where he sued the Appellant as defendant in an action for recovery of his mother's farm which he claimed that the defendant/Appellant is in possession of, as part of his deceased mother's estate. The Appellant/defendant on the other hand claimed to be the owner of the farm land, and he also claimed he was the original founder of the land. The trial Upper Sharia Court Gwandu summoned the Appellant/Defendant who appeared in the Court and denied the Respondent/plaintiffs claim, asserting to be the original founder of the farm through the authority of the Village Head. (See pages 1, 2, 5& 6 of the Record of Appeal)

After hearing the respective partie…