BUBA MAGAJI DANGI KATSIRA v. ALH. YALLIYA

CORAM

PARTIES

BUBA MAGAJI DANGI KATSIRA APPELLANTS

ALH. YALLIYA

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent (who was the Applicant at the trial court) instituted an action against the Appellant (who was the Respondent at the trial court) at the Upper Sharia Court Gwandu, Kebbi State, seeking to recover the (Muh’dDangajere) farm which the Respondent’s deceased father mortgaged to the Appellant’s father after the expiration of the said mortgage. The trial Court entered judgment in the favour of the Appellant. Dissatisfied with the judgment of the trial Court, the Respondent appealed to the Sharia Court of Appeal, Kebbi State where the decision of the trial Court was reversed. Irked by the decision of the Sharia Court of Appeal of Kebbi State, the Appellant appealed to the Court of Appeal on the ground that the Court below had no jurisdiction to entertain a land matter.

HELD

Appeal Allowed

ISSUES

Whether or not the lower court had jurisdiction to entertain the appeal?

RATIONES DECIDENDI

SHARIA COURT OF APPEAL – WHEN WILL A SHARIA COURT OF APPEAL ENTERTAIN APPEALS BORDERING ON LAND DISPUTE

“It is trite law that a Shariah Court of Appeal can only hear appeals in land disputes if it involves any question of Islamic personal law regarding Wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim see Magaji V Matari [2000] 8 NWLR (PT 670) 722 see also s.277(1)(2 a-e) of the 1999 Constitution.”PER T.O. AWOTOYE, J.C.A

SHARIA COURT OF APPEAL – SEC 244(1) OF THE CONSTITUTION EMPOWERS THE SHARIA COURT OF APPEAL TO HEAR AND DETERMINE MATTERS RELATED TO ISLAMIC PERSONAL LAW

“See 244(1) of the Constitution further demonstrates that the Sharia Court of Appeal can only hear and determine matters that are related to Islamic Personal Law, as it provides for appeals on those matters alone. For avoidance of doubt, the Section provides as follows:-
“244(1) An appeal shall lie from decisions of a Sharia Court of Appeal to the Court of Appeal as to right in any civil proceedings before the Personal Law which the Sharia Court of Appeal is competent to decide” PER GALINJE, J.C.A

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria, 1999

2. Kebbi State Sharia (Administration of Justice) law, 2000

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