CORAM

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KARIBI WHYTE JUSTICE, SUPREME COURT

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PARTIES

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1. ZAKI MAMMAN

2. ANGO DAN ABA

APPELLANTS 

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 MALL. DAN HAJO

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Plaintiffs/Respondents at the Upper Sharia Court in Birnin Kebbi claimed possession of  the lands he inherited from his father. After hearing both parties the trial Court rejected testimonies of the witnesses called by the Plaintiffs/Respondents stating that the testimonies were successfully impeached and entered judgment in favour of the Defendant/Appellant. Dissatisfied with the decision, the Plaintiff/Respondent appealed to the Sharia Court of Appeal which affirmed the decision of  the Upper Sharia Court. Aggrieved, the Plaintiffs/Respondents appealed to the Court of Appeal where his appeal was allowed by the Court on the ground that the Sharia Court of Appeal has no jurisdiction to hear the appeal as the proper Court was  Kebbi State High Court of Justice. Hence the Court of Appeal overruled the decision reached by the Sharia Court of Appeal and remitted the matter to the Kebbi State High Court of justice to hear and determine in its appellate jurisdiction. The Defendant/Appellant not satisfied with the decision of the Court of Appeal has appealed to the Supreme Court.

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HELD

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Appeal Dismissed

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ISSUES

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1. Whether in the entire circumstances of this case, the court below was right when it made an order remitting the appeal to the Chief Judge of Kebbi State for hearing before the High Court in its appellate jurisdiction having already declared the proceedings before the Sharia Court of Appeal a nullity on grounds of want of jurisdiction and consequently struck out the appeal.(Grounds 1 and 4).

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RATIONES DECIDENDI

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APPEAL COURT- APPROPRIATE ORDER TO BE MADE BY AN APPEAL COURT AFTER HEARING APPEAL BEFORE IT.

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“I think I should remind your lordships that where an appeal court sits to determine an appeal, at the tail end of the proceedings, the ultimate order to be made by the appeal court is either it “allows” the appeal or it “dismisses” the appeal. Whichever of the two orders is made, there, certainly, are some consequential orders which follow the main or principal order/relief” PER I.T.MUHAMMED JSC.

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REFERRAL OF APPEAL – POWER OF COURT OF APPEAL TO REMIT CASES TO HIGH COURTS

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“In Folomo Bamigbe (1998) 7 NWIR (Pt 557) 679 at 701 this Court in dwelling on the two
provisions stated as follows:-
“ln the first place, there is Section 16 of the court of Appeal Act, 7976 which empowers the Court of Appeal to exercise full jurisdiction over all matters before it and may, inter alia, remit case to the court below for the purpose of rehearing or may give such other directions as to the manner in which the court below shall deal with the case, or, in case of an appeal from the court below in that court’s appellate jurisdiction, order the case to be reheard by a court of competent jurisdiction. See lyaji v Eyigebe (1987) 3 NWLR (Pt, 51) 523 at 530 E-G; Igboho, lrepo L.G.A. and another v The Boundary Settlement Commissioner (1988) 2 S.C.N.J. 28; (1988) I NWLR (Pt. 69) 789 etc.
There is also the provision of Order 3 Rule 23 of the Court of Appeal Rules,1981 which, inter alia, empowers the Court of Appeal to give any judgment or make such further or other order as a case may require .These powers are exercisable by the court in favour of all or any of the parties although such parties may not have appealed from or complain of the decision (Underlining mine for emphasis).” PER. M. D. MUHAMMAD

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COURTS- DUTY OF COURTS TO PROVIDE GUIDANCE AND SUCCOUR

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“Although courts of law are not to be seen as Father-Christmas, doing out gifts here and there, they must equally, provide necessary guidance and succour wherever and whenever necessary.” PER I.T.MUHAMMED JSC.

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CASES CITED

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STATUTES REFERRED TO

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1. Constitution of the Federal Republic of Nigeria 1999(As Amended)

2. Court of Appeal Act CAP C36, (as amended) Laws of the Federation 2004.

3. Court of Appeal Rules, 2002, Kebbi State Sharia

4. Court of Appeal Law, Cap. 133 Laws of Kebbi State, 1996.

5. Sharia Court of Appeal Law CAP 133 Laws of Kebbi State 1996.

 

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