CaseLaw
Dantani V. Garba & Anor (2016) CLR 1 (i) (SC)
Judgement delivered on January,29th 2016
Brief
Facts
The plaintiff/appellant herein commenced an action against the defendants/respondents at the Upper Sharia Court in Kamba, Kebbi State claiming the possession of a farm in possession of the respondents.
However, the respondents denied the claim and asserted that the land in their possession was entrusted to them. They contended that the land was inherited by them through the inheritance under Islamic law. Upon hearing and reviewing the evidence before it, the Upper Sharia Court entered judgment in favour of the plaintiff/appellant.
Aggrieved, the defendants/respondents lodged an appeal to the Sharia Court of Appeal. In the court’s decision, It was observed that the only the appellant was required under Islamic Principle to call witnesses to prove its case while the respondent(s) will take an oath for their defence. Hence, the Sharia Court of Appeal asked the defendants/respondents to take an Oath with the Holy Quran to the effect that the farm n dispute belonged to them through their father from which they inherited same and were not aware that the farm was entrusted to their father. Consequently, the respondents herein swore by the Holy Quran which led to the reversal of the decision of the trial court; thus they were adjudged the owners of the farm.
Dissatisfied with this decision, the plaintiff/appellant appealed to the Court of Appeal which allowed the appeal on the ground that the Sharia Court of Appeal lack jurisdiction to entertain the matter as there is nothing in the record to show that the claim relates to Islamic Personal Law; therefore its proceedings a nullity and the appeal remitted back to the Chief Judge of Kebbi State for hearing before the High Court in the appellate jurisdiction.
Aggrieved, the plaintiff/appellant appealed to the Supreme Court.
Issues
Whether in the entire circumstances of this case, the court below was right when...