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HUDU TANIMU v. HALIMA ISAH KURA

(2017) JELR 37609 (CA)

Court of Appeal  •  CA/K/406/S/2014  •  13 Apr 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The instant appeal matter is against the decision of Sharia Court of Appeal, Kano State, hereinafter called the Lower Court, delivered on the 20th day of February, 2012 in Appeal No.SCA/KN/CV/168/2011. In the said judgment, the Lower Court affirmed the judgment of the Upper Sharia Court, Kano in respect of Case No. CV/399/2010 and judgment delivered thereon on the 23rd day of February, 2011.

This appeal has a chequered history. The facts in respect thereof are as follows: Initially, Halima Isah Kura, the respondent herein, sued one Danladi Garun Malam, her then husband before the Sharia Court, Kura.

The said suit was anchored on what was described as "application for confirmation of pregnancy." The suit which was filed on the 19th day of April, 2010 and registered as Case No. CV/167/2010, became abruptly terminated and dismissed on the 30th day of July, 2010. Howbeit, the said dismissal cannot be said to have been do…

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