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(1992) JELR 42040 (SC)

Supreme Court  •  12 Jul 1992  •  Nigeria



MICHAEL EKUNDAYO OGUNDARE, JSC (Delivering the Leading Judgment): This case has had chequered history. It has been heard twice in theUpper Area Court, Keffi, twice in the Sharia Cour of Appeal, Jos, once in the High Court, Jos; and twice in the Court of Appeal, Jos. By the end of this judgment, it is going to be heard for the second time in the High Court of Plateau State, Jos. Jurisdiction has been the bone of contention and it is the only issue for determination in this appeal now before us.Case No CVFI/12/83 between M. AhmaduUsman, as plaintiff (now appellant before us) andM. Sidi Umaru, as defendant (now respondent before us) was first tried by the Upper Area Court 5 Keffi which Court entered judgment for the plaintiff. The dispute was over ownership of a piece of land, each party claiming to be the owner. The defendant appealed to the Sharia Court of Appeal which ordered a retrial. At the retrial before the same Court, that is, the Upper Area Court Keffi,both sides stated their c…

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