CaseLaw
This is an appeal against the judgment of the Kebbi State Sharia Court of Appeal herein referred to as court below. The plaintiff, Umaru Dobi, herein respondent, sued the defendant Mohammed Dan-Ige, herein the appellant. The claim of the plaintiff at the Upper Area Court II Birnin Kebbi now called trial court was over the issue of two farms which allegedly inherited from his late father Abubakar – which farms are still in the possession of the appellant who alleged that he bought the two farms from the respondent's brother, Umaru, who is now deceased. He was not aware of the sale.
This is actually a transferred case from the Inspectorate Division of the State judiciary. The defendants, now appellant, all along were of the view that the farms the subject matter of this dispute belonged to his father who bought same from Umaru Bakatara the deceased brother of the respondent.
The plaintiff/respondent was allowed by the trial court to call his witnesses to prove his claim which he did. This appellant, at the close for the case of the respondent, also called witnesses to prove that the land in dispute belonged to his father by way of a sale between his father and the respondent's brother both now deceased. After 'izhar the trial court found in favour of the respondent. The appellant being dissatisfied with the above decision appealed to the Sharia Court of Appeal Birnin Kebbi.