Judgment
USMAN ALHAJI MUSALE, J.C.A. (Delivering the Leading Judgment) : This appeal is against the decision of the Sharia Court of Appeal, Jigawa State delivered on 24th October, 2017. This matter started from Higher Sharia Court, Kafin Hausa (herein trial Court). At the trial Court, the plaintiff/appellant sued the defendant/respondent claiming his farm. In his words, he said “I Adamu Usman Maruku sued Mai Unguwa Yayaji Maruku claiming my inherited farm from him,” page 16 of the record. The trial Court gave judgment in favour of the plaintiff.
It held on page 30 of the record as follows: “Based on the Court investigation, on this matter that the plaintiff proved his case with reliable witness and the Court accepted their evidence that the farm belongs to plaintiff he inherited it from his for fathers and it is not a royal farm. He inherited it from his fore fathers who cultivated the forest and make the place to become farm…” page 30 of the record. Dissatisfied with this decision, the defendant appealed to Upper Sharia Court of Appeal, Hadejia Zone (herein intermediate Court).
Here, the plaintiff restated his claim as follows; “I sued Yayaji claiming my farmland from him.” See page 67 of the record. The full Court allowed the appeal on the grounds that; the “Court of first instance didn’t understand the claim before it, as it is a claim of trust or ownership by way of inheritance.” See page 73 of the record. The farm was given to the appellant, Mai Unguwa Yayaji, his appeal was successful. The plaintiff/appellant was not satisfied with that decision, so he appealed to Sharia Court of Appeal Jigawa State, (herein lower Court) sitting at Dutse.
The Court on page 83 of the record observed: “The origin of this case, the appellant before this Court and respondent at lower Court stated his statement of claim that, “I’m seeking my farm which I have inherited it from my father which when I decided to leave the village which I am the Village Head at that time I have informed my Ward Head and asked him to look over my farm as trustee, I also meet Alh Toro K/Hausa, we go to Wakili of K/Hausa and moved to District Head K/Hausa and I also informed him by intention and told him I informed them all.” The lower Court came to the conclusion that the plaintiff/appellant’s ownership of the farm was not denied.
