This is an appeal against the judgment of the Sharia Court of Appeal of Taraba State of Nigeria sitting at Jalingo. The respondent herein Ali Usman was the plaintiff before the Civil Area Court Zing wherein he sued the defendant, Dajo Bello, claiming twenty five (25) cows from him as a reward for rearing 105 cows belonging to the appellant. According to the respondent, the appellant entrusted some cows to him for rearing. He then called the son of the appellant who testified as plaintiff witness one. His evidence was to the effect that the appellant sent him to the respondent to collect certain cows. The respondent, according to the PW1, handed over those cows still with him to the PW1, who brought them to the appellant.

The appellant, after denying the claim of the respondent, agreed that he engaged the respondent for rearing his cows some ten years ago. And that he paid compensation to the respondent covering the period of five years at the rate of one cow per five months. He agreed that he has not paid such compensation for the remaining five years.

At the end of the trial the learned Area Court Judge held that since there was no sufficient evidence from both parties oath shall be offered to any party to supplement the evidence already given. He then offered oath first to the appellant, who was the defendant at the trial court of which he declined. The said oath was shifted to the respondent, who was then the plaintiff, who also decline to subscribe to the oath. That being the case, the trial court held, it was proved that the respondent has reared the said cattle for the appellant for ten years and that the appellant paid to the respondent only three cows instead of twenty five (25) cows as mutually agreed by the parties. He then ordered that the appellant should give twenty two (22) cows to the respondent as the balance of compensation within two weeks from 12/3/93.

Aggrieved by the above decision the appellant lodge an appeal in the Upper Area Court Jalingo allowed the appeal.

Aggrieved the respondent (herein) appealed to the Sharia Court of Appeal which set aside the decision and restored that of the trial court and ordering that the appellant (herein) should pay to the respondent twenty heads of cow instead of twenty-two as adjudged by the trial court.

Appellant appealed to the Court of Appeal.