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HARUNA MAIGARI BANI ZUMBU v. MARYAM ADAMU BUMA & ORS

(2018) JELR 38538 (CA)

Court of Appeal  •  CA/S/22S/2014  •  25 May 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kebbi State Shari'a Court of Appeal, Birnin Kebbi delivered on 14th November 2013 in appeal No. SCA/KBS/KM/24/2013. The original suit was instituted by the respondents against the appellant at the Shari'a Court Dole Kaina, on the 22/10/2012, claiming title over a house (yard) which they inherited from their grandmother (Bishi). The Respondents wanted to sell the house but the appellant objected asserting that it belongs to him.

After hearing the matter, the trial Court conferred title to the appellant on 28th November 2012. Dissatisfied with the judgment, the respondents appealed to Upper Shari'a Court Kamba, which delivered its judgment 25th April 2013 wherein it affirmed the trial Court that granted title of the house in dispute to the appellant Haruna Maigari. The respondent further appealed to the Sharia Court of Appeal, where the concurrent decision of both Sharia Court Dole Kaina…

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