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BARAYA
V.
BELEL & ANOR

(1998) JELR 45686 (CA)

Court of Appeal 3 Dec 1998 Nigeria
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Case Details

Suit Number:CA/J/136S/97
Judges:MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Counsel:Akanmode Abayomi. Esq, For Appellant I. Y. Sambo, Esq For Respondent

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal by Muhammadu Baraya against the decision of the Adamawa State Sharia Court of Appeal sitting in Yola, now court below. At the Upper Area Court No. 1 Yola, herein trial court, the appellant was the defendant and the 1st respondent was then the sole plaintiff and instituted the action, which gave rise to this appeal, against the appellant seeking to inherit the estate of late Selbe Manya (who was alleged to be an emancipated slave) in accordance with the principles of Islamic law. The subject matter in dispute is a house to be distributed among the lawful heirs of a slave deceased. It was claimed by the plaintiff that the defendant now appellant sold out the house in dispute and that the sale be set aside. The crux of the matter, to my own understanding, is that the owner of the house in dispute was her father, and when the said slave died the house devolved to her by the dictate of Sharia.

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