K.A. ONAMADE & ANOR VS AFRICAN CONTINENTAL BANK LTD.
July 4, 2025SILAS IKPO & ANOR VS THE STATE
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 82711
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Mon Jan 15, 1996
Suit Number: SC. 285/1989
CORAM
AMINA AUDI WAMBAI JUSTICE, COURT OF APPEAL
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
HAMADU HUNAREALL NIGERIA PEOPLES PARTY (ANPP) APPELLANTS
YAYA NANA JAURO YAYA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was claiming that the farmland in dispute originally belonged to his grandfather, Garba Taliyaje, on whose death the same was inherited by Buba and Umaru, the latter being the father of the appellant. Umaru the appellant’s father lent the farmland to Shehu who was a friend. After the death of the appellant’s father, he made abortive attempts to regain possession of the farmland. Before Shehu died he shared the disputed farmland between the respondents.
HELD
The appeal fails and it is hereby dismissed. The judgment of the Court of Appeal is affirmed with N 1,000.00 costs to the respondents
ISSUES
“(i) What is the true meaning and import of the principle of Islamic law as contained in Mulktasar Khalil Vol. II page 250, namely, “Wabil Mulki Alai Hauzi Li Annal Mulk A Khassu Minal Hauzi” applied (sic) in favour of the plaintiff/respondent by the Sharia Court of Appeal Bauchi? (ii) Whether the Honorable Court of Appeal has properly directed itself to the true meaning and import of the said principle when it held that the Sharia Court of Appeal Bauchi State has misapplied the principle in this case. (iii) Whether the Islamic Doctrine of long possession otherwise known as Hauzi applied even to land which is a subject matter of loan or borrowing. (iv) Whether the period of Islamic Doctrine of long possession is the same irrespective or whether the parties are related by blood. (v) Whether the decision of the Court of Appeal can be supported having regard to the weight of evidence.”
RATIONES DECIDENDI
CASES CITED
Igwego & Ors. v. Ezeugo & Anor. (1992) 6 NWLR (Pt.249) 561;|Fadiora & Anor. v. Gbadebo & Ors. (1978) 3 S.C. 219;|Sosan v. Ademuyiwa (1986) 3 N WLR (Pt.27) 241|Esi v. Chief Secretary (1973) 2 S.C. 189
STATUTES REFERRED TO
None.|
