Whether the Jurisdiction of the Sharia Court of Appeal Is Limited to Question(s) of Islamic Personal Law

CASE TITLE: IBRAHIM v. DILLE & ANOR (2024) LPELR-62931(CA)
JUDGMENT DATE: 20TH SEPTEMBER, 2024
PRACTICE AREA: JURISDICTION OF COURT
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the jurisdiction of the Sharia Court of Appeal.

FACTS:

This is an appeal against the judgment of the Zamfara State Sharia Court of Appeal, sitting at Gusau, delivered on March 1, 2022.

The appellant herein commenced a civil action at the Higher Sharia Court, Kasuwar Daji seeking for the repossession of some farmland allegedly sold to the respondents herein (the defendants) without the consent of all their siblings. The defendant (Lawali Umaru Magargari) admitted selling the said farmlands to the respondents.

When the trial Higher Sharia Court summoned the persons who purchased the farmland, who are the respondents herein, both confirmed buying the farmlands not from the defendant but from his father, Umaru. Consequent to this twist of events, the trial Court went into trial to ascertain the true position of the sale. At the end of the trial, the trial Higher Sharia Court entered judgment against the respondents herein, who appealed to the Upper Sharia Court, Kaura Namoda contending that the trial Higher Sharia Court erred in not countenancing the sale agreement between them and the real owner of the farmlands, Umaru Giwa but the judgment of the trial Court was affirmed. Still dissatisfied, the respondents appealed to the Sharia Court of Appeal which set aside the concurrent judgment of the two previous Courts.

Dissatisfied with the judgment of the Sharia Court of Appeal, the appellant appealed against same in the instant appeal.

ISSUE(S) FOR DETERMINATION:

The Court adopted the sole issue formulated by the appellant in the determination of the appeal, thus:

“Whether in view of the provisions of Section 277 (1) and (2) of the Constitution, the lower Court has jurisdiction to entertain matters pertaining to disputes involving title to land.”

DECISION/HELD:

In the final analysis, the appeal succeeded and the judgment of the Sharia Court of Appeal was set aside.

RATIOS:

• COURT- JURISDICTION: Duty of Court where its jurisdiction is challenged; effect of proceedings conducted in the absence of jurisdiction
• COURT- JURISDICTION: How to ascertain the jurisdiction of courts over a matter
• JURISDICTION- JURISDICTION OF THE SHARIA COURT OF APPEAL: Whether the jurisdiction of the Sharia Court of Appeal is limited to question(s) of Islamic Personal Law
• JURISDICTION- JURISDICTION OF THE SHARIA COURT OF APPEAL: Jurisdiction of the Sharia Court of Appeal as provided by the Constitution

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