This appeal is sequel to an action instituted in the civil Area court Gombe, Gombe State of Nigeria, whereby the appellant Mallam Saini Danjuwa, claimed a land in the possession of a lady, Hajja Ba'aji. He claimed that the land in dispute was subject of a litigation between him and one Buba Yero. The defendant, Hajja Ba'aji denied the claim and explained that her in-law Mallam Ibrahim bought the land for her from Mallam Muhammadu Badara who was in possession of same for over seventeen years. The claim of the plaintiff was given to the defendant by the Civil Area Court Gombe and the land in dispute was given to the defendant – Hajja Ba'aji. On appeal to the Upper Area court Gombe the decision of the lower was affirmed and appeal dismissed under section 59(1) (a) of the Area Court Edict. The plaintiff unsuccessfully further appealed to Gombe State Sharia Court of Appeal. That court decided that the plaintiff has slept on his right for over 17 years and the principles of prescription in Islamic law (HAUZI) has caught up with him. The decisions of both Upper Area Court and Civil Area Courts have been affirmed and his appeal dismissed.

Dissatisfied with the judgement of the Gombe State Sharia Court of Appeal, the plaintiff, now appellant, appealed to the Court of Appeal.