Extent of the Jurisdiction of the Sharia Court of Appeal

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CASE TITLE: TARAUNI v. DARMA (2022) LPELR-57402(CA)

JUDGMENT DATE: 13TH APRIL, 2022

PRACTICE AREA: COURT (JURISDICTION)

LEAD JUDGMENT: ABUBAKAR MAHMUD TALBA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

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

FACTS

This appeal is against the judgment of Sharia Court of Appeal Kano State delivered on 3rd of January 2013 in Suit No: SCA/KN/CV/18/2011. The plaintiff/appellant’s claim before the trial Court, Upper Sharia Court Shahuci Kano is thus:

“I seek the Court to confirm the sales transaction we conducted with the family of Tasi’u Darma whom they sold to me Plot at Yankaba in the sum of N3,500,000.00 that is why I want this Court to confirm the sales transaction”

The heirs were summoned to appear before the Court. They agreed that they sold the plot to the appellant. The trial Court confirmed the sales transaction. The respondent appealed to the Sharia Court of Appeal. In its judgment, the Sharia Court of Appeal set aside the sales transaction hence this further appeal to the Court of Appeal.

ISSUES FOR DETERMINATION

The appeal was determined on:

Whether the lower Court has the jurisdiction to entertain the appeal.

DECISION/HELD

The appeal was allowed.

RATIOS:

  • COURT – JURISDICTION: Importance of jurisdiction of Court; what determines whether a court has jurisdiction
  • JURISDICTION – JURISDICTION OF THE SHARIA COURT OF APPEAL: Instance in which the Sharia Court of Appeal will lack jurisdiction to adjudicate; whether the Sharia Court of Appeal will have jurisdiction to hear and determine any matter outside Islamic personal law

SOURCE: LAW PAVILLION

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