Whether The Sharia Court of Appeal Has Jurisdiction to Hear and Determine Any Matter Relating to Title to Land

CASE TITLE: MATSERI v. SHARU (2025) LPELR-81178(SC)

JUDGMENT DATE: 9TH MAY, 2025

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

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

FACTS:

On June 3, 2016, the Appellant filed a suit at the Upper Sharia Court, Bunza, Kebbi State, claiming that a disputed farm was part of 13 farms inherited from their father, which had been lent to the Respondent’s father. The Appellant sought recovery of the land.

After hearing nine witnesses, the trial court found only one witness credible and, based on his testimony and the Appellant’s oath, ruled in favor of the Appellant on January 13, 2017, confirming ownership of the farm.

Dissatisfied, the Respondent appealed to the Sharia Court of Appeal, Kebbi State. On August 1, 2017, the appellate court upheld the trial court’s decision, affirming the Appellant’s ownership of the land.

Still aggrieved, the Respondent appealed further to the Court of Appeal, Sokoto Division. On May 25, 2018, the Court of Appeal allowed the appeal, holding that the Sharia Court of Appeal lacked jurisdiction over land title disputes. Consequently, it struck out the decision of the Sharia Court of Appeal as a nullity and referred the case to the Kebbi State High Court, the proper forum for such matters.

Dissatisfied with the decision of the Court of Appeal, the Appellant approached the Supreme Court.

ISSUES FOR DETERMINATION:

The Court adopted the issues raised by the Appellant, thus:

(a) Whether the lower Court was right to countenance the issue of jurisdiction raised by the Respondent considering the circumstances of this case?

(b) Whether the lower Court was right when it held that the dispute relates to a claim of title of land simpliciter and that the Sharia Court of Appeal, Kebbi State, lacked the jurisdiction to hear the appeal?

DECISION/HELD:

In conclusion, the Court dismissed the appeal and upheld the decision of the Court of Appeal, transferring the matter to the High Court from the Sharia Court of Appeal.

RATIOS:

• APPEAL- PARTICULARS OF GROUND OF APPEAL: Functions of particulars of ground of appeal
• APPEAL- OMNIBUS GROUND OF APPEAL: Nature and scope of the omnibus ground of appeal
• COURT- JURISDICTION: Importance of jurisdiction
• EVIDENCE- FACT(S) IN ISSUE: Importance of facts
• JURISDICTION- JURISDICTION OF THE SHARIA COURT OF APPEAL: Jurisdiction of the Sharia Court of Appeal as provided by the Constitution
• JURISDICTION- JURISDICTION OF THE SHARIA COURT OF APPEAL: Extent of the jurisdiction of the Sharia Court of Appeal; whether the Sharia Court of Appeal has jurisdiction to hear and determine any matter relating to title to land
• PRACTICE AND PROCEDURE- ISSUE OF JURISDICTION: When can the issue of jurisdiction be raised and whether Court can raise same suo motu
• PRACTICE AND PROCEDURE- ISSUE OF JURISDICTION: Attitude of the Court where a plaintiff/counter-claimant challenges the jurisdiction of the trial Court on appeal

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