(1998) JELR 45654 (CA)    

Court of Appeal  ·  CA/K/36S/95 ·  19 Nov 1998 ·  Nigeria
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
islamic law
lower courts
sharia court of appeal
lower court
proper islamic law procedure
area court
unimpeachable witnesses
death of the respondent
equal parts
following reasons
said house
alhaji inuwa
appeal court
a. sani gezawa
cases of both parties
claim of the plaintiff
close of evidence of witnesses
contents of the brief
decision of the area court
different language
facts of this case
help of the court
house of my husband
immovable property
instance of the court
judgment of the kano state sharia court of appeal holden
late husband
leading judgment
male children
mr. umoru
m. sani gama
number of the house
onus of proof of such purchase
possession of his brother
presence of the defendant
respect of the respondent
sahon gari area court
sharia court of appeal kano
title document no.

OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State Sharia Court of Appeal holden in Kano delivered on 30-11-94.

The facts of this case briefly put were as follows:

The respondent herein as plaintiff sued the appellant herein as defendant at the Sahon Gari Area Court claiming as per page 7 of the records as follows:

"I am suing Alhaji Inuwa seeking the help of the court to receive the house of my husband in his possession which he has bought from M. Sani Gama for the sum of 190pounds equal to N380 since about 24 years ago. The said house is situate at Gama Quarters and it has neighhours as follows: East - Alhaji Garba: West-M. Sanni: South - Road: North - Alhaji Aminu Mai Gwanjo."

When the parties were invited by the court and the plaintiff was asked to state her claim in the presence of the defendant, she repeated on the same page of the records thus:

"I am seeking the court to divide the inheritance of my husband Sgt. Audu who h…

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