The upper Sharia Court, Tudun Wada, Kaduna, could not sit on the case of self redemption filed by Jamila Muhammad Alheri against Alhaji Habibudeen yesterday because the trial judge is on leave.
The court was to determine whether or not to grant the stay of proceedings or to dismiss the motion and confirm the dissolution of marriage between Jamila and Habibudeen.
The matter has been adjourned to March 25, for ruling.
Blueprint recalled that Jamila had earlier filed a suit against defendant, praying the court to dissolve her marriage and Habibudeen at the Dutsinma Road Sharia Court.
The defence counsel had raised an objection that the court lacked the jurisdiction to trial the case. Arguments were taken for and against the matter and in the end, the court ruled in the plaintiff’s favour.
Dissatisfied with the ruling, the defendant appealed to the Upper Sharia Court and also wrote a petition to the Grand Khadi, alleging bias and lack of fair hearing.
After investigating the allegations, the Grand Khadi transferred the case to the same Tudun Wada Upper Sharia Court. Thereafter, the defendant brought a motion of stay of proceedings until the appeal has been determined.
The plaintiff’s counsel argued that under the Sharia Court civil procedure rules of Kaduna state (2007), there is no stay of proceedings.
He also argued that there is no alleged bias on the matter because the court granted what the defence counsel wanted by transferring the case to the upper Sharia Court.
Meanwhile, the Ibrahim Taiwo Road Magistrate’s Court has adjourned another case filed by Alhaji Habibudeen against Muhammad Alheri, Jamila’s father, to March 4.
