CaseLaw
Salihu Vs. Abdul Wasiu (2016) CLR 1(u) (SC)
Judgement delivered on January 29th 2016
Brief
Facts
The appellant herein commenced an action at the Upper Sharia Court, Jega, Kebbi State against the respondent claiming two farms and a house which were properties to his paternal uncle, known as Abdul muminu. Moreover, it was not disputed that the same Abdulmuminu is the maternal uncle to the respondent. Instead, the appellant’s suit was for the sharing of the properties in question between both parties, since the owner Abdulmuminu had been away from home for about 60 years without news or proof of his existence, on-existence or whether he has children alive or not.
It was the contention of the respondent that three farms belong to their uncle and that the third farm to the two being claimed by the appellant was in possession of same. Nevertheless, there was no proof to back up the contention of the respondent that their uncle had a third farm.
The trial Upper Sharia Court found that since the death of their uncle had not been confirmed and his age mates were alive in his town, his properties would not be distributed until such confirmation or is age mates were no longer alive. Hence, in its judgment, in regard to their uncle’s two farms and a house, the court held that since both parties are entitled, a compromise had to be reached. Thus, the properties were divided in to two by the court and directed each parties to hold one part of each in trust until the return of their uncle Abdulmuminu. Also, none of the parties should erect new structures on the properties, sell or give away any part as gift. The farms were to be used for farming alone and nothing else.
Dissatisfied, the respondent appealed to the Sharia Court of Appeal who unturned the decision of the trial court and allowed the appeal.
Upon the appellant’s dissatisfaction of the decision, an appeal was lodged at the Court of Appeal and sought an order setting aside the judgment of the Sharia Court of Appeal.
The appeal was struck out on the ground that the Sharia Court of Appeal had no jurisdiction to hear and determine the appeal making its decision a nullity. Therefore, the appeal was remitted to the Chief Judge for hearing before the High Court in its appellate jurisdiction.
Further dissatisfied, the appellant appealed to the Apex Court.
Issues
Whether in the entire circumstances of this case, the court below was not wrong,...