CaseLaw
Mamman & Anor Vs. Hajo (2016) CLR 1 (o) (SC)
Judgement delivered on January 29th 2016
Brief
Facts
The plaintiff/respondent herein commenced an action against the defendants/appellants at the Upper Shari Court, Birnin Kebbi, Kebbi State claiming possession of the farm lands situate at Karaye district, Kebbi State inherited from his father.
At the conclusion of trial, the testimonies of the appellants’ witnesses were preferred and judgment entered in favour of the appellant.
Dissatisfied, the respondent appealed to the Sharia Court of Appeal which affirmed the judgment of the trial court and dismissed the appeal.
A further appeal was filed to the Court of Appeal by the respondent.
The Court of Appeal allowed the appeal on the ground that being one heard and determined by the lower court without jurisdiction to hear same. The proper court that has jurisdiction to adjudicate in the matter by hearing and determining it is the Kebbi State High Court of Justice in its appellate jurisdiction. Hence, the appeal was struck out for want of jurisdiction.
Aggrieved, the appellants appealed to the Supreme Court.
Issues
Whether in the entire circumstances of this case, the court below was right when...