HAKIMI BOYI UMMARU V. AISA BAKOSHI

MUNTAKA-COOMASSIE, JCA (Delivering the Leading Judgment): This appeal is yet another land mark in appreciating the extent of the principles of Hauzi (prescription) in Islamic law. It also discusses the issue of offering of Oath of judgment Yaminul-Qallaa to the person in possession on the grounds of Hauzi. The plaintiff, who is now the respondent before this court, instituted an action against the defendant, now appellant, claiming a number of farms land at Tungar Gawo, under the defendants control and possession, 30 years after the death of the respondent's father Mallam Ummaru. Her father used to work and farm thereon up to the time of his death. The appellant flatly denied the claim and alleged that the farms land belonged initially to Hakimi Bubakar who lent same to the respondent's father Bakoshi. According to him, after two years of the loan the respondent's father migrated to Tungm Wanzan village and abandoned the farm land in question. The respondent's father when leaving for …