The respondent herein as plaintiff before Upper Area Court Jega in suit No. UAC/JG/CV/F1/29/94 had sued the appellant as defendant claiming a farm which he alleged was given on loan by his father to the father of the appellant and when their fathers died the appellant pleaded with the respondent for the continuation of the loan. The respondent alleged that he had agreed to the request of the appellant on the condition that the appellant like his late father who continue to given certain proportion of what was harvested from the farm and that this should be made to the respondent through his sister Hadiza. He was suing to repossess the farm because after the death of Hadiza the appellant breached the condition. The appellant denied the claim of the respondent and asserted that the farm in question was a gist by the respondent's father to his own father. He (appellant) alleged that after the death of the respondent's father, the respondent revoked the gift and sold the farm at the rate of N7 to the appellant's father.

The trial court upheld the respondent's claim and the appellant appealed to the Sharia court of appeal which affirmed the decision of the trial court.

Appellant further appealed to the Court of appeal.