TSWANYA V. ISAH

SAIDU TANKO HUSSAIN, J.C.A. (Delivering the Leading Judgment): This appeal case has again resonated the vexed question as to whether the Sharia Court of Appeal of a State can exercise appellate or supervisory jurisdiction over matters or claims to title or ownership thereof, in land matters? 

The appellant commenced action at the Upper Sharia Court Minna vide the suit or claim filed on the 8th November, 2001 in suit No. UAC/MNKU II and claimed for declaration of title over the piece of land situated at Paiko village in Paiko Local Government Area of Niger State. The claim was denied hence the stage had been set for the parties to call evidence of witnesses. They did. The appellant herein as the plaintiff or claimant called evidence of two (2) witnesses while four (4) witnesses in all testified for the respondent, then the defendant at the Upper Sharia Court, that is, the trial Court. In the judgment delivered on the 30th April, 2004 the trial Court found in favour of the Appellant. Ag…