Compulaw - 1st Indigenous Digital Law Library

Brief

Raising issue suo motu
Sharia law

Facts

This case seems to have a chequered history. It’s origin dated back to 1929 when one Umaru from Madabo Quarters, Kano City through his representative, Mallam Maikara complained before the court of Emir of Kano on 21/7/29 that a woman named Bidda who came from the West had entered the house that he inherited from his father Inuwa, claiming the same house to belong to her father Dalha. Bidda and her two sisters namely Rukayya and Gambo were joint defendants to Umaru’s complaint. The matter was referred to the Chief Alkali’s court by Emir’s court for further investigation. At the conclusion of the investigation, the following report was made to the Emir’s court.

“When they were arraigned before the Alkali it was alleged that the boy was a grandson to the owner of the house. The witnesses appeared before the Alkali but they did not testify that the boy was related by blood to the owner of the house and when they came back to us (the Emir’s court) Jekada (emissary between the Emir’s and the Chief Alkali’s courts) told us that the boy had not been ascertained through witnesses to be related by blood to the owner of the house. But there is long residence of his father Inuwa in the house and these women it is the distribution of inheritance which they are demanding” (Words in bracket supplied by me)

It appears from the record of proceedings particularly that of the Sharia Court of Appeal, that there was an appeal against the judgment of the Emir’s court, Kano delivered in 1929 sometime in 1979. The appeal was registered as No. SCA/CA/KN/191/79 and the Sharia Court of Appeal, Kano in its judgment delivered on 4/3/80 allowed the appeal and made an order for a fresh trial.

The case was tried by the Upper Area Court I presided over by Rufai Bello (as he then was) who distributed the house in dispute between the heirs. The then defendants appealed to the Sharia Court of Appeal, Kano which affirmed the decision of the Upper Area Court I and dismissed the appeal. On further appeal by the then defendants to the Court of Appeal Kaduna, the appeal was allowed and a retrial ordered. Hence the trial before Upper Area Court II Kano presided over by Bashir Ahmed (as he then was) leading to the present appeal.

Issues

1
Whether the Court of Appeal was right in taking the issue of the ages of...

Umaru V. Abdul Mutallabi (1998) CLR 10(I) (SC)

Brief

Facts

Issues