kAYAMI EBAK IROM VS IREK OKIMBA
July 1, 2025THE COUNCIL OF FEDERAL POLYTECHNIC, MUBI VS YUSUF
July 1, 2025Legalpedia Citation: (1998) Legalpedia (SC) 19111
In the Supreme Court of Nigeria
Fri Jan 16, 1998
Suit Number: SC. 215/94
CORAM
AUGUSTINE NNAMANI,JUSTICE, SUPREME COURT
SALIHU. M. A. BELGORE
IDRIS LEGBO KUTIGI
KUD1RAT MOTONMORI OLATOKUNBO KEKERE- EKUN JUSTICE, SUPREME COURT
PARTIES
JUMARE MAIWADA KOFAR JATAU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Inno (respondent) left Dirin Daji for Zariya, in search for her father Muhammadu Mailafiya. On arrival in Zariya, Inno was taken to a woman whose junior brother was called Muhammadu Mailafiya. The woman told Inno her junior brother left home 60 years ago and has not been seen or heard. Inno sued the appellant for the share of her father’s inheritance from his father- Husaini’s estate.?
HELD
The Court allowed the appeal. The judgment of the Sharia Division of the Court of Appeal Kaduna which affirmed the judgments of the Sharia Court of Appeal Kaduna and the Upper Area Court, Zariya is hereby set aside. The judgments of the Upper Area Court, Zariya and Sharia Court of Appeal, Kaduna are also set aside. The judgment of triad Area Court No. 2 Zariya City which dismissed the claim of Inno is hereby restored.
ISSUES
Whether the Court of Appeal was correct in its conclusion that there was sufficient evidence on the printed record upon which the Sharia Court of Appeal could have reached a decision that the respondent was the daughter of Muhammadu Mailafiya (A missing person) and that she was entitled to inherit his estate, which had become ripe for inheritance?Whether the Court of Appeal was right in granting the respondent a judicial decree that the missing Muhammadu Mailafiya was dead and whether the court could grant reliefs not sought by the respondent ab initio??
RATIONES DECIDENDI
WHETHER PARTIES ARE COMPETENT WITNESSES UNDER ISLAMIC LAW.
Under Islamic Law, unlike English Law, parties are not competent witnesses in their respective claims, hence their statements in court would not be regarded as evidence, but something akin to statement of claim or defence in the High Court.- Per Mohammed. JSC.
CASES CITED
1. Badaruz Zaujaini page 229 to 231.2. Abdullahi Mogaji Mafoluku v. Usman Akanbi Alamu (1985) Sh. LRN 105
STATUTES REFERRED TO
None.
