DANMASANI v. ALTINE
(2020)LCN/14776(CA)
In The Court Of Appeal
(SOKOTO JUDICIAL DIVISION)
On Friday, November 27, 2020
CA/S/68S/2018
Before Our Lordships:
Ali Abubakar Babandi Gumel Justice of the Court of Appeal
Frederick Oziakpono Oho Justice of the Court of Appeal
Abubakar Mahmud Talba Justice of the Court of Appeal
Between
TUKUR DANMASANI APPELANT(S)
And
DANBUGA ALTINE RESPONDENT(S)
RATIO
WHETHER OR NOT THE COURT WILL ALLOW AN APPEAL WHERE THE RECORD OF APPEAL IS DEEMED PROPERLY COMPILED AND TRANSMITTED
At the hearing of the appeal on the 28th day of September, 2020 A. M. Dole adopted the appellants brief of argument filed on the 8th day of November, 2018. The record of appeal was filed on the 2nd day of May, 2018, but it was deemed properly compiled and transmitted on the 7th day of November, 2018. The appellants counsel urged the Court to allow the appeal and order the remittance of the case to the High Court of Justice Sokoto State for trial. The respondent counsel G. O Uwadiae informed the Court that he did not file the respondent brief of argument because he was conceding to the appeal. And that the case should be remitted back to the High Court of Justice for trial. PER TALBA, J.C.A.
ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Sharia Court of Appeal Sokoto State, in suit No: SCA/TW/34/2016 delivered on the 10th day of January, 2018.
On the 26th day of September, 2013 the appellant filed a suit against the respondent at the lower Sharia court Kebbe Sokoto State, claiming the return of his farmland from the respondent.
After hearing witnesses from the appellant and the respondent the trial court entered judgment in favour of the appellant. Upon being dissatisfied with the decision, the respondent appealed to the Upper Sharia Court Tambuwal. The Upper Sharia Court affirmed the Judgment of the trial Court. The respondent further appealed to the Sharia Court of Appeal Sokoto (herein referred to as the lower Court). The lower Court gave judgment in favour of the respondent, thereby setting aside the judgment of the trial Court and the Upper Sharia Court. Consequently, the appellant being dissatisfied with the Judgment of the lower Court, he appealed to this Court vide a notice of appeal filed on 23rd day of January, 2018, with two grounds of appeal.
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The two grounds of appeal are as follows: –
GROUND ONE
That the decision of the Court is unreasonably, unwarranted and cannot be supported having regard to the evidence adduced at the trials at the two lower Courts. Lower Sharia Court, Kebbe and Upper Sharia Court Tambuwal.
GROUND TWO
The Sharia Court of Appeal erred in law when it entertained appeal arising from title to landed property.
Particulars of Error
1. the Court below (Sharia Court of Appeal Sokoto State) lack jurisdiction over title to land
2. Section 277 (1) and (2) of the Constitution of Federal Republic of Nigeria, 1999 has limited the jurisdiction of the Sharia Court of Appeal Sokoto to issue on Islamic personal laws.
3. That the Court below (Sharia Court of Appeal) fished from the trouble waters when it assumed an apparent jurisdiction on this case even though it has no jurisdiction legally.
At the hearing of the appeal on the 28th day of September, 2020 A. M. Dole adopted the appellants brief of argument filed on the 8th day of November, 2018. The record of appeal was filed on the 2nd day of May, 2018, but it was deemed properly compiled and transmitted on the 7th
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day of November, 2018. The appellants counsel urged the Court to allow the appeal and order the remittance of the case to the High Court of Justice Sokoto State for trial. The respondent counsel G. O Uwadiae informed the Court that he did not file the respondent brief of argument because he was conceding to the appeal. And that the case should be remitted back to the High Court of Justice for trial.
In consequence thereto, this appeal is allowed and the Judgment of Sharia Court of Appeal Sokoto State, delivered on 10th day of January, 2018 in suit No: SCA/TW/34/2016 is set aside. The case is remitted back to the Hon. Chief Judge of Sokoto State for trial by the High Court of Justice in its appellate jurisdiction. No order for cost.
ALI ABUBAKAR BABANDI GUMEL, J.C.A.: I have had the privilege of reading in draft the very short and straight forward lead judgment of my learned brother Talba, JCA., I fully agree with his conclusion that this appeal, having been conceded by counsel to the Respondent, ought to be allowed and is hereby accordingly allowed by me. I abide by all the consequential orders of my learned brother Talba, JCA.
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FREDERICK OZIAKPONO OHO, J.C.A.: I had the opportunity of reading a draft of the judgment just delivered by my Learned Brother – ABUBAKAR M. TALBA – JCA and I am in complete agreement that the Appeal is meritorious.
I agree equally with the reasoning and conclusion is remitting the case back to the Hon. Chief Judge for re-assignment to the appropriate jurisdiction for a-trial de novo. I abide by other consequential orders made thereto.
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Appearances:
M. Dole, Esq. For Appellant(s)
O Uwadiae, Esq. For Respondent(s)
