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Ali v. Julde

ALH.  ABUBAKAR BABAN ALI

V

IDI BUBA JULDE

COURT OF APPEAL

( JOS DIVISION )

UMARU ABDULLAHI, PCA ( Presided )

IBRAHIM TANKO MUHAMMAD, JCA ( Read the Lead Judgment )

ISA ABUBAKAR MANGAJI, JCA

CA/J/287/S/98

THURSDAY, 11TH JULY, 2002

COURT - Appeal court - Jurisdiction of - What determines

COURT - Decision made by court without jurisdiction - Effect

ISLAMIC LAW - Sharia Court of Appeal - Jurisdiction of - What determines -  Whether nature of claim before the Upper Area Court - Whether claim of appellant herein falls thereunder

JURISDICTION - Decision made by court without jurisdiction - Effect

JURISDICTION - Issue of jurisdiction - When raised - Need for to be determined first

Issues:

1.            Whether the Sharia Court of Appeal holden in Jalingo, Taraba State had jurisdiction to determine this appeal filed before it.

2.            Whether the appeal before the Sharia Court of Appeal Jalingo, filed on the 1st day of November, 1996 against the decision of Upper Area Court, Jalingo dated the 17th day of August, 1995  was competent.

3.            Whether in the circumstances of this matter, it was justifiable in law for the Sharia Court of Appeal holden in Jalingo to order retrial as it did.

                                 Ali vs. Julde                                                          1901

Facts:

The appellant herein at the Grade I Area Court, Jalingo, Taraba State ( the trial court) claimed for the recovery of a Fish Pond in Mutum Biyu district and for an ejection of the respondent herein. The appellant alleged that the Fish Pond was entrusted to the respondent’s father by the appellant’s father from whom he inherited the pond.

At the end of the trial, the trial court did not grant the claim of the appellant (i.e for ejection, against the defendant) rather it confirmed to each party the side of the pond in his possession. Dissatisfied, appellant appealed to the Upper Area Court, Jalingo which set aside the trial court’s judgment and confirmed ownership of the whole Fishing Pond to the appellant. The respondent appealed to the Sharia Court of Appeal which set aside the decisions of the trial and Upper Area Courts and ordered a retrial.

Dissatisfied, appellant appealed to the Court of Appeal.