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MALLAM SHEHU TUNGA V. A'I AMARYA

(2018) JELR 38832 (CA)

Court of Appeal  •  CA/S/164S/2017  •  25 May 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
Mahmud Adesina, Esq. For Appellant I. O. Benson, Esq. For Respondent

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Sharia Court of Appeal Kebbi State, delivered on 25th May 2017 wherein the concurrent judgments of both the trial Sharia Court Giro and the Upper Sharia Court Maiyama, Kebbi State was affirmed and the disputed farmland granted to the Respondent.

The Respondent herein commenced the suit at the Sharia Court Giro in Kebbi State claiming the ownership of the farm land in dispute, which she claimed was given to her by the Hakimi of Mudi town. The Appellant on the other hand claims ownership of the same land, which he and his deceased brother lent to the Respondent herein.

The Appellant being dissatisfied with the judgment of the lower Court manifested his grievance with it by filing a Notice of Appeal dated 16th June 2017 founded on the following twin grounds:

1. That the Lower Court has no jurisdiction to hear and determine this case.

2. That the whole decision of the Lower Court is unjustifi…

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