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YUGUDA V. DANIYA & ORS

(2022) JELR 110683 (CA)

Court of Appeal  •  CA/S/150S/2017  •  30 Jun 2022  •  Nigeria

Coram
Ali Abubakar Babandi Gumel JCA Saidu Tanko Hussaini JCA Mohammed Danjuma JCA

Appearances
M. Shehu, Esq, with him, A. S. Maiwada, Esq, for the Appellant; No representation for the Respondents.

Judgement

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Sharia Court of Appeal of Zamfara State delivered on the 31st March, 2015 in Suit No SCA/GS1/153/2015. The appellant commenced action as the plaintiff at the Upper Sharia Court, Samaru, Gusau and claimed against the Respondents as defendants the return of his father’s farmland sold to them without the consent of appellant’s family members since his father was not mentally sound to engage in that kind of transaction. The claim of the Appellant at the trial Court was denied by the Respondent. The trial Upper Sharia Court Samaru, Gusau went ahead and took evidence of witnesses for the Appellant and those of the Respondents respectively. In the judgment delivered at the Upper Sharia Court, Samaru, on 25th April, 2013 the Court found reason not to revoke or set aside the sale transaction but rather modified the terms of sale. Refer to pages 102–103 of the record of Appeal. Respondents…

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