MAGAJI Muhammad of Tudun Wada, Zaria has dragged his sibling, Alhaji Umar Farouq, to Court of Appeal, Kaduna over issues surrounding inheritance.
The applicant filed an application on April 23, 2018 seeking the Appeal Court to interpret the powers of Grand Khadi to transfer a case from one court to another under Section 41 Laws of Kaduna State Sharia Court of Appeal.
The News Agency of Nigeria (NAN) recalls that the case which borders around the wealth left behind by their late father, Alhaji Muhammad of Tudun Wada, Zaria had been on for almost eight years.
At the hearing of the case on Wednesday, counsel to the respondent, Mr A. H. Bello pleaded with the court to strike out the case.
However, counsel to the applicant, Malam Bello Muhammad-Jahun pleaded with the court to allow the case to continue.
The Presiding Justice, Mr Husseini Muktar held that the case is reserved.
Shedding more light on the issue, Muhammad-Jahun said the case emanated as a result of a case filed against Magaji at Sharia High Court, Zaria.
“Umar Farouq sued Magaji Muhammad seeking the court to interpret the powers of Grand Khadi to transfer a case from one court to another under Section 41 of Kaduna State Sharia Court of Appeal.
“The applicant also prayed the court to refer the case back to Abdulhadi Danjuma, former Upper Sharia Court Judge sitting at GRA, Zaria.
“The High Court, then, delivered judgement that the Grand Khadi according to the court was wrong to have transferred the case from Danjuma to Upper Sharia Court, Daura Road, Kaduna,”he said.
He recalled that both parties appeared before the Upper Sharia Court in Zaria almost five times, but the judge failed to sit.
The counsel said that his client then filed a formal complain to the Grand Khadi that they appeared five times before the court only for the case to be continually adjourned.
Muhammad-Jahun said that the Grand Khadi decided to transfer the case to Daura Road by the provisions of Section 41 of Kaduna State Sharia Court of Appeal.
He said that despite the failure of the Upper Sharia Court judge to entertain the case, yet, High Court ordered that the case be referred back to the same judge.
“My client, Magaji was not satisfied with the judgement because it didn’t consider the failure of Danjuma in five different occasions, this is what brought us to this court.
“We want the court to change the judgement initially delivered by High Court because the application then was for the court to interpret Section 41.
“However, in the entire judgement of the High Court, there was no place the court interpret Section 41, it only succeeded in directing that the case be referred back to the former judge.
“Interpretation is the main issue that took us before High Court in Zaria, but nothing was said about that, we want to know the powers of the Grand Khadi in respect of that section,”he said.
When contacted for his response, counsel to the respondent, A. H. Bello said he was not ready to speak in respect of the case.
NAN reports that joined in the suit were Kaduna State Grand Khadi, Kaduna State Chief Registrar, Sharia Court of Appeal, Upper Sharia Court Judge, Daura Road and office of the Attorney General, Kaduna State.
– Sept. 19, 2019 @ 08: 44 GMT |