The Concept of Ownership by Long Possession and Enjoyment Under Islamic Law

CASE TITLE: YAHAYA & ORS v. SABUWA (2023) LPELR-61142(CA)
JUDGMENT DATE: 5TH OCTOBER, 2023
PRACTICE AREA: ISLAMIC LAW
LEAD JUDGMENT: MOHAMMED DANJUMA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Islamic Law and Procedure.

FACTS:
This is an appeal against the judgment of the Sharia Court of Appeal, Katsina State, Funtua Judicial Division in Appeal No. KTS/SCA/DDM/16/2013 delivered on November 19, 2013.

The gist of the case is that the Plaintiffs (now Appellant) commenced an action against the Defendant (now Respondent) at the trial Court (Sharia Court, Sabuwa) claiming share of the assets inherited by their mother from their grandfather.

When confronted with the Appellant’s claim, the Respondent conceded that his late father was the Appellants’ grandfather and the late grandfather’s estates have been shared and distributed among the beneficiaries, which included Hajiya Gambo, the Appellant’ mother.

Thereafter, the trial Judge asked the parties a number of questions. At the end of the various questions and answers session, it was asserted that both the Appellants and the Respondent consented to a fresh distribution of the estate.

Based on this, the trial Court re-distributed the estate among the heirs.

Not satisfied with the decision of the trial Court, the Appellant appealed to the Upper Sharia Court.

After taking the submission of parties and considering the record of proceedings of the trial Court, the Upper Sharia Court partly upheld the decision of the trial Court.

Still aggrieved by the judgment of the Upper Sharia Court, the Appellant appealed to the Sharia Court of Appeal.

The Court took arguments from learned counsel on both sides and, after considering the record of proceedings, dismissed the appeal by affirming the part of the decision of the Upper Sharia Court that set aside the judgment of the trial Sharia Court regarding farm lands and the decision of the Upper Sharia Court and the trial Court with regards to residential houses.

Further aggrieved by the judgment of the Sharia Court of Appeal, the Appellant filed this appeal.

ISSUE(S) FOR DETERMINATION:
The appeal was determined on the following issues:
“1. Whether the lower Court was right in affirming the decision of the Upper Sharia Court Dandume which set aside the decision of the trial Sharia Court, Sabuwa.

2. Whether the lower Court was right to rely on the principle of prescription (Hauzi) to set aside the sharing of the common house between the Appellant and the Respondent as has been affirmed by the Upper Sharia Court Dandume.

3. Whether the lower Court was right when it held that the Appellant lacked locus standi to institute this action and the statement of claim was defective.”

DECISION/HELD:
Having resolved all the issues against the Appellants, the appeal was dismissed for lack of merit.

RATIOS:
● ACTION- LOCUS STANDI: Effect of absence of locus standi
● ISLAMIC LAW AND PROCEDURE- DOCTRINE OF UNDISTURBED LONG POSSESSION: What the doctrine of long and undisturbed possession entails; effect of failure to take action during prescription period
● ISLAMIC LAW AND PROCEDURE- ESTATE OF A MUSLIM: Circumstance(s) when a person’s right to distribution of estate will be said to be statute barred or extinguished under Islamic law
● ISLAMIC LAW AND PROCEDURE- ISLAMIC LAW: Exceptions to the principle of AL-TA’AJIZ
● ISLAMIC LAW AND PROCEDURE- BURDEN OF PROOF: On whom lies the burden of proof under Islamic Law?
● ISLAMIC LAW AND PROCEDURE- ISLAMIC LAW: Factors that determine the competence/validity of an action commenced under Islamic Law

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