UMMARU MATANKARI -Vs- HAJIYA RABI YARON MANYA

UMMARU MATANKARI -Vs- HAJIYA RABI YARON MANYA

September 2025

Subject Matters

  • Court: Sharia Court of Appeal – jurisdiction thereof – where the claim is based on a gift – whether it falls within Islamic Personal Law – sec.277(1) of the constitution considered

    Court: Sharia Court of Appeal – jurisdiction thereof – whether has jurisdiction in respect of a Muslim personal law regarding “Wakf, gift, will or succession etc” – sec.277(1)(2) of the CFRN considered

    Court: Sharia Court of Appeal of a State – whether does not have jurisdiction in respect of pure declaration or ownership or title to land

    Gift: Validity thereof – when in issue – whether when expressly challenged in an action

    Gift: Meaning thereof – validity of gift under Islamic Law – the principle in Hari vs. Tsoho (2016)4 SQLR (Pt. 111) 563

    Jurisdiction: Issues of succession and inheritance under the Islamic Law – whether it is within jurisdiction of Sharia Court of Appeal – sec.277(2)(c) of the constitution considered

    Jurisdiction: Where the subject matter is gift rather than declaration of title – whether the Sharia Court of Appeal of a State has jurisdiction

    Jurisdiction: Source – whether it is statutorily conferred on a court – implication thereof

    Jurisdiction: Ingredients thereof – whether all the ingredients must exist for court to competently exercise jurisdiction – the principle in Madukolu vs. Nkemdilim

    Jurisdiction: Relevance thereof – whether it is considered as the life wire of the adjudication process

    Jurisdiction: How determined – whether to look at the statement of claim of a plaintiff

    Jurisdiction: Decision of court – where a decision is reached without jurisdiction – whether such decision is nullity – position in Islamic Law considered

    Statute: Constitution of Federal Republic of Nigeria, 1999 – sec.277 thereof – whether deals with Islamic Personal Law that is within the jurisdiction of Sharia Court of Appeal – the principle in Ali vs. Maiduguri (2024)17 NWLR (pt. 1967)

    Words and Phrases: Wakf – meaning – the principle in Ungwan Garji vs. Ungwan Garji

Issue:

Whether the claim of the plaintiff/respondent before the trial court over the gift of a house in question is within the issue of Islamic personal law, as stipulated under section 227(2) (a) (c) of the 1999 constitution as amended.”

Facts:

The Plaintiff/Respondent sued the Defendant/Appellant at the Upper Area Court Kebbi and sought certain declaratory reliefs in respect of a house which the Plaintiff /Respondent claimed was a gift to her late husband. She further claimed that prior the death of her late husband, the Appellant did not make any claim of ownership over the house. In proof of her case, the Plaintiff /Respondent called two witnesses who established the house was a gift while Defendant /Appellant counter claimed ownership of the same house and called three witnesses who testified that the Defendant /Appellant inherited the house from his maternal grandfather.

At the close of hearing, the trial court gave judgment in favor of the Defendant/ Appellant. The Plaintiff /Respondent successfully appealed to the Sharia Court of Appeal, Kebbi. Dissatisfied, the Defendant/Appellant unsuccessfully appealed to the Court of Appeal Sokoto Division, hence a further appeal to the Supreme Court.

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