ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAW

ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAW
Where the defendant is in possession and the plaintiff has failed to furnish evidence in support of his claim, as in the instant case, then the defendant will only be required to take an oath of rebuttal (Yaminul Inkar) and the plaintiff’s action will be dismissed or judgment will be entered in favour of the defendant. In the Instant case, therefore, since the appellant had failed to establish his claim through the witnesses he called and since his claim was for an immovable property which had been in possession of the respondent for over 18 years before the appellant’s action, it was wrong for the trial Area Court to ask the appellant to take an oath. In the circumstances it is the respondent that should have been asked to take the oath of rebuttal which would have entitled him to judgment in his favour. To have done otherwise was contrary to the principles of Sharia and led to a miscarriage of Justice.

Authority/reference:
📖TUMBURKAI 🆚 TUMBURKAI (1996) 2 NWLR (PART 433) 745 @ 747;