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AMADU TUDU v. MALAMI HAKIMI

(2016) JELR 37122 (CA)

Court of Appeal  •  CA/S/12S/2011  •  11 Mar 2016  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA; MUHAMMED L. SHUAIBU JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant against the decision of the Sharia Court of Appeal, Sokoto State in Suit No.SCA/WR/105/2006.

On 8/2/2005, the Respondent had filed a claim at the Lower Sharia Court Wurno as follows:

"??I Aliyu Buzu Munki hereby sue Malami Hakimi Munki and Ahmadu Aliyu Gwammatse in respect of my father'??s farm. It was entrusted by my father Dantudu to his brother Maidamma when I came back from the travelling, I met it in possession of (these people) Ahmadu Aliyu and Malami Aliyu Gwammatse. I asked them how the farm got to them. They referred me to ask my brother. Whenever I asked him he used to play with my intelligence. That is why I sue him before the Court so that it can be investigated and give me my share and they can have (my brother) his share."

After hearing the parties, the Lower Sharia Court Wurno found that the farm which the plaintiff (respondent) claimed bel…

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