CaseLaw
Usman V. Kareem (1995) CLR 3 (G) (SC)
Brief
Facts
The plaintiff, Alhaji Salihu Kareem sued the defendant. Alhaji Saidu Usman, before Area Court Grade II Oja, Ilorin presided over by Alhaji S.O. Ahmed claiming share of the land donated to the family of the litigants by the Fulanis.
The defendant denied the plaintiff’s claim. He said the Fulanis did not donate the land in dispute to the family but only to two of them - himself and his brother Alhaji Issa.
The case proceeded to trial. The plaintiff gave evidence and called two witnesses. The defendant also gave evidence and called one witness in the person of his sister Nafi Akande. Exhibit A was put in evidence by the defendant to confirm that the gift of the land was made to only himself and his brother.
After each party had closed his case, the trial Judge accompanied by the plaintiff and the defendant inspected the land in dispute at the end of which he reserved judgment.
In the considered judgment delivered, the learned trial Judge opined that the case was governed by Islamic Law and after a painstaking and compassionate consideration of the evidence adduced, he dismissed the plaintiff’s claim.
The plaintiff appealed to the Sharia Court of Appeal, Ilorin, where that court in a well considered Judgment, allowed the appeal and ordered that the land in dispute;