MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Sokoto State Sharia Court of Appeal (SCA) sitting at Sokoto on appeal No. SCA/WR/128/93, dated 7th December, 1994. The earlier decision of the Wurno Upper Area Court (UAC) in suit No. CV/FI/20/92 was the subject matter of the appeal before the SCA. The plaintiff was claiming before the UAC that when their father died about 40 years ago, his estate, which composed of 2 houses, four farms and some books, was not distributed among the heirs and was being withheld by the defendant. The defendant admitted knowing that their father died and left a house, four farms and some books. He denied knowledge of anything over and above that. Evidence was taken by the UAC and at the end, the trial Judge found that the only estate left by the deceased composed of a house and four farms which were subsequently distributed to the heirs.
Dissatisfied, the plaintiff, now appellant, appealed to the SCA. After…