- Ali v. Julde
- ₦ 200
Ali v. Julde
ABUBAKAR BABAN ALI
IDI BUBA JULDE
COURT OF APPEAL
( JOS DIVISION )
UMARU ABDULLAHI, PCA ( Presided )
IBRAHIM TANKO MUHAMMAD, JCA ( Read the Lead Judgment )
ISA ABUBAKAR MANGAJI, JCA
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
Whether the Sharia Court of Appeal holden in Jalingo,
Taraba State had jurisdiction to determine this appeal filed before it.
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.
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.
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
respondentâ€™s father by the appellantâ€™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 courtâ€™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.
appealed to the Court of Appeal.