Does the Sharia Court of Appeal Have Jurisdiction to Entertain Appeals in Respect of Contractual Transactions?

CASE TITLE: DANDAWA & ANOR v. DANDAWA (2025) LPELR-82098(CA)

JUDGMENT DATE: 19TH SEPTEMBER, 2025

PRACTICE AREA: JURISDICTION

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 appeal is against the judgment of the Sharia Court of Appeal, Birnin Kebbi, Kebbi State, delivered on the 13th day of March, 2020.

The plaintiff, vide Suru Suit No. 2 CV/14/15/2021, prayed the Sharia Court, Suru, for breach of contract of sale of a parcel of land with the defendant. After taking evidence, the trial Court found for the plaintiff and granted the reliefs thereby sought against the defendant.

Dissatisfied with the judgment, the Appellant appealed to the Upper Sharia Court, Bunza, which affirmed the judgment of the trial Court. Appellants’ subsequent appeal to the Upper Sharia Court was also dismissed. Also displeased with the judgment of the appellate Court, Appellant filed the instant appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on this sole issue, thus:

Whether the Law, the Sharia Court of appeal has jurisdiction to hear and determine a matter outside the Islamic Personal Law?

DECISION/HELD:

In the final analysis, the appeal was allowed.

RATIOS:

• JURISDICTION- JURISDICTION OF THE SHARIA COURT OF APPEAL: Whether the Sharia Court of Appeal has jurisdiction to entertain appeals in respect of contractual transactions
• 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

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