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ALHAJI ARI WAKILI V. HARUNA DUNDU GUMEL

(2000) JELR 55664 (CA)

Court of Appeal  •  CA/K/22/S/97 .  •  1 Jun 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, JCA IBRAHIM TANKO MUHAMMAD, JCA (Read the Lead Judgment)

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): The claim of

the plaintiff at the Gyadi Gyadi Upper Area Court (UAC) was that he wanted the defendant and one other to return his alum which he bought for the sum of N240,000.00. Plaintiff claimed further that he already had made a cash down payment of N120,000.00 out of which the defendant gave him alum worth N93,500.00. What remained of the contract amount was N146,500.00 which was not settled by the defendant. The 1st defendant in his response, stated:-

“It is true he has given me the sum of N240,000.00 and it is true what remained as his money is N146,500.00 but as of now, I do not have alum in my possession. Due to that, he has to bring back what we have given him and we have to return back his money.” The 2nd defendant too agreed.

On the strength of their admissions, the trial UAC Judge entered judgment in favour of the plaintiff against the defendants. Dissatisfied, the 1st defendant appealed to the Kano State Sharia Court of Appeal (S…

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