(2014) JELR 40292 (CA)    

Court of Appeal  ·  CA/S/68s/2012 ·  28 Mar 2014 ·  Nigeria
Other Citations
Dabai v. Kwama (2014) 14 NWLR (Pt. 1426) 96
JAFARU MIKA'ILU Justice of The Court of Appeal of Nigeria TUNDE OLAREWAJU AWOTOYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed against the decision of the Sharia Court of Appeal Kebbi State delivered on 29/7/2009.

The appellant as plaintiff had earlier on instituted an action against the Respondent at the Upper Sharia Court Zuru claiming as follows.

"I Wawa Kwama Giro, a resident of Dabai town is suing one Giwa Kumu Dabai because he is my relation but he started and stalling out inheritance I talked to him that the issue should be divided and allotted to each heir is entitlement. But he said that he will take his own share because he will not join his inheritance with anyone. Whereas his father died a traditional believer while he is a Muslim. He will not pay the traditional alm in respect of tradition. As such I am suing him so that he will remove his hand because it was my brother that is his father that we share inheritance with."

The Upper Sharia Court after hearing the parties gave judgment aft…

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