YAHAYA & 8 ORS V. MUKHTAR & 6 ORS

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Sharia Court of Appeal, Sokoto, delivered on 2nd November 2022, setting aside the judgment of the Upper Sharia Court, I Sokoto.

The Appellants instituted an action at the city lower Sharia Court, Sokoto claiming ownership and recovery of possession of a plot of land at Aduwar Uwa Area which they inherited from their father Mallam Yahaya part of which hitherto was lent to the 2nd and 3rd Respondents herein. At the hearing, parties presented witnesses and in the end, the Appellants' claim was dismissed and so also the Respondents' preliminary objection challenging the jurisdiction of the trial Court.

The Appellants' appeal to the Upper Sharia Court I, Sokoto was also dismissed for lacking in substance and the Appellants appealed to the lower Court overturned the previous decisions of the two lower Courts at pages 48 to 49 of the record as follows:

“We of this Court, Sharia Court …