MAGAJI TINDAFAI V. DANLADI JARA

GALADIMA JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Sokoto Division, deliveredon 29 June 2012, wherein the court allowed the appeal of the respondent therein and set aside the judgment of the Sharia Court of Appeal, Birnin Kebbi delivered on 16 August 2005. The court as well ordered that the respondent’s appeal be remitted to the Chief Judge of Kebbi State for hearing before the State High Court in its appellate jurisdiction. The background facts leading to this protracted case can be summarised as follows: At the Upper Sharia Court, Dakin Gari in Birnin Kebbi, Kebbi State, the appellant, as plaintiff, commenced this action against the respondent as defendant, claiming a “Fadama farmland” which he said was leased to the respondent’s father some 20 years before the action was commenced. The respondent denied the claim. He asserted that he inherited the farm from his father and was not aware that the farm was leased to his father by…