KAWU, J.S.C. (Delivering the Leading Judgment): In the Upper Area Court, Zaria, the appellant herein was the defendant in a suit instituted by the respondent in which she stated her claim as follows: -
"I am sueing (sic) Alhaji Amadu because I want him to give me back my father's farmlands. They are situated at Shika, Jushi, U/Kaya and also here at Kwarbai."
The trial Upper Area Court, in an apparent endeavour to determine the exact nature of her claim said; -
"You are co-inheritors with him or he has his own separate one ?"
Answer:
"They have sold their own farmlands, these ones belong to my father only. My father is Abdulkadir Dan Wambai, he left the farmlands in the care of Alhaji Babale (Father of the defendant Alhaji Ahmadu)"
In his reply to the claim the defendant stated as follows:-
"I do not agree with what she said, because these farmlands she is talking about belongs (sic) to my father (Alhaji Babale) who inherited same from his father (Dallatu Muhammadu). I lived with…