CASE TITLE: MAMUDA & ANOR v. UPPER SHARIA COURT KASUWA & ANOR (2023) LPELR-61562(CA)
JUDGMENT DATE: 11TH DECEMBER, 2023
PRACTICE AREA: ISLAMIC LAW
LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Inheritance under Islamic Law.
FACTS:
This appeal emanated from the decision of the Kano State High Court in Suit No. K/M710/2020, delivered on January 14, 2021, by Hon. Justice Ibrahim Musa Karaye.
At the trial Court, the Appellants sought an Order of Certiorari through Judicial Review to quash the ruling of the Upper Sharia Court, Kasuwa, citing lack of jurisdiction. The trial Court, after considering the application, exhibits, and arguments, held that the Sharia Court had the jurisdiction to handle inheritance matters related to Islamic personal law, including a limited liability company.
The trial Court emphasized that, according to Section 277(2)(a)(b)(c) and (d) of the 1999 Constitution, claims involving the inheritance of property subject to Islamic personal law fall within the jurisdiction of the Sharia Court, not the High Court. The trial Court ruled in favor of the Respondent, stating that the Upper Sharia Court, Kasuwa, had the power and jurisdiction to distribute the estate of the deceased Muslim, including the company, Asuani Shoe Industries Ltd. The Court dismissed the Applicants’ (Appellants) request for Judicial Review to quash the ruling of the Upper Sharia Court, Kasuwa.
Dissatisfied, the Appellants appealed.
ISSUES FOR DETERMINATION:
The Court determined the appeal on the following issues:
(1) Whether the lower Court has the requisite power and jurisdiction to determine questions regarding title to landed property within an urban area?
(2) Whether the Upper Sharia Court, Kasuwa, has the requisite jurisdiction to entertain the distribution of a company and its properties, when the ownership of the company is an issue?
(3) Whether the lower Court was right in abandoning and not making any pronouncements on the issues raised by the appellants as applicants before it?
DECISION/HELD:
In the final analysis, the Court allowed the appeal.
RATIOS:
• APPEAL – OMNIBUS GROUND OF APPEAL – Effect where no issue for determination is formulated from an omnibus ground of appeal
• ISLAMIC LAW AND PROCEDURE – ESTATE OF A MUSLIM – Whether ownership, management and operation of a limited liability company can be included for distribution as part of the Estate of a deceased under the Islamic Personal Law
• JURISDICTION – JURISDICTION OF THE SHARIA COURT OF APPEAL – Whether the Sharia Court of Appeal and Upper Sharia Court have jurisdiction over matters of inheritance of estate where a limited liability company is involved
• JUDGMENT AND ORDER—ORDER OF CERTIORARI—Purpose of granting an order of Certiorari
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