Judgment
MOHAMMED DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Sharia Court of Appeal, Federal Capital Territory, Abuja based on the judgment of Upper Area Court Garki sitting at Kado, Abuja. Prior to the appeal, the Appellant filed an action to confirm a gift of a house lying and situated at No.: 1, 44 Crescent, Citec Vilars Gwarinpa, Abuja, whereas the Upper Area Court dismissed the Appellant’s claim on appeal to the Sharia Court of Appeal, the Court confirmed the judgment of the Upper Area Court.
Hence, the Appellant filed this appeal to this Court. BRIEF FACTS OF THE CASE The Appellant in the trial Court as Plaintiff issued a civil summons against the heirs of late Hajiya Binta Musa, claiming that the only house owned by late Hajiya Binta Musa during her lifetime was gifted to the Plaintiff. The heirs of late Hajiya Binta Musa are ten (10) in number, all are brothers and sisters and her parents died long ago. The brothers and sisters are; AISHA MUSA, AMINA MUSA, RAKIYYA MUSA, HADIZA MUSA, UMAR MUSA, USMAN MUSA, FALMATA MUSA, FATIME MUSA, ZAINAB MUSA AND ABUBAKAR MUSA.
The house in question is situated at No.: 1 Road 44 Crescent Citec Villars, Gwarimpa, Abuja. The trial Court in its judgment delivered on August 9th, 2021 dismissed the claim of the Appellant and he appealed at the Sharia Court of Appeal, Abuja. The Sharia Court of Appeal also in its judgment delivered on December 9th, 2021, dismissed the appeal. Now, the Appellant has appealed to this Court. ISSUES FOR DETERMINATION The Appellant’s Counsel Mr.
Ahmed Mohammed Jega Esq. filed the Appellant’s Brief on 16th February, 2022 in the Appellant’s Brief of Argument, the following issues were raised for determination of this appeal: – i. Whether the failure of the 1st, 2nd 3rd and 9th Respondent to deny the Appellant’s claim amounted to an admission of the Appellant’s claim based on the Principle of Islamic Law”. Distilled from Ground 1 of the Appellant Notice of Appeal. ii. Whether based on the Principle of Islamic Law, the testimony of Appellant 2nd witness (PW2 Hamidu Musa) is admissible.
Distilled from Ground 2 of the Appellant Notice of Appeal. iii. Whether based on the Principle of Islamic Law Exhibit 1 and 2 Bank Tellers evidencing the payment of rent by the deceased Hajiya Binta Musa Abubakar to the Appellant’s Account Number: 3061000025 domiciled with M and M Micro Finance Ltd, Abuja and not being objected to or impeached by the Respondents, the Exhibits were admissible. Distilled from Ground 3 of the Notice of Appeal. iv.
