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TARAUNI V. DARMA

(2022) JELR 110872 (CA)

Court of Appeal  •  CA/KN/290/S/2017  •  13 Apr 2022  •  Nigeria

Coram
Abubakar Mahmud Talba JCA Mohammed Danjuma JCA Usman Alhaji Musale JCA

Appearances
Abubakar Muhammad, Esq. for the Appellant; Saifullahi Oseni, Esq., with him, Dikko & Mahmoud, Esq. for the Respondent.

Judgement

ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Sharia Court of Appeal Kano State (hereinafter referred to as the lower Court) delivered on 3rd of January 2013 in Suit No: SCA/KN/CV/18/2011. The plaintiff/appellants claim before the trial Court, Upper Sharia Court Shahuci Kano is thus: 

“I seek the Court to confirm the sales transaction we conducted with the family of Tasi’u Darma whom they sold to me Plot at Yankaba in the sum of of N3,500,000.00 that is why I want this Court to confirm the sales transaction” 

The heirs were summoned to appear before the Court. They agreed that they sold the plot to the appellant. The trial Court confirmed the sales transaction. The respondent appealed to the lower Court. In its judgment, the lower Court set aside the sales transaction. The appellant appealed to this Court pursuant to the order of this Court dated 21/02/17, granting the appellant 14 days extension of time to file notice of appeal…

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