TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal lodged by the appellant against the judgment of the Sharia Court of Appeal Kebbi State sitting at Birnin Kebbi delivered on 22/1/2013.
The Upper Sharia Court Jega was the court of first instance in this matter. The plaintiff had instituted an action at the Upper Sharia Court claiming as follows:
"I, Alh. Sani Mai Allon Karfe is suing kararin Alelu, Alh. Faruku because our district area which we Inhertted from our parents, Bawa Waziri. Now, the Kararin Alelu Alh. Faruk claimed that he owed thisdistrict area. Also 12 Kararin Alelu ruled and each of them left this issue to us. But now during his reign he claimed that the area belongs to him. Our grandmother Marliyya is the daughter of Sarkin Kabin Illo. This Marliyya is the mother of Bawa Waziri and the later is my mother. When Karari Modi divided farms to his younger sister, he gave towns to the males. As such Marliyya been the eld…