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HAJAIG
V.
HAJAIG

(2011) JELR 56067 (CA)

Court of Appeal 22 Mar 2011 Nigeria
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- The dispute arose from a claim by the respondent for a share in the estate of the late Yusuf Hajaig before the Upper Area Court I, Zaria; the trial court dismissed his claim after he failed to prove paternity per Islamic law procedure. -

Case Details

Suit Number:CA/K/281/2009
Judges:MARY U. PETER-ODILI JCA JOSEPH TINE TUR JCA OBANDE F. OGBUINYA JCA
Counsel:J. Abbas Ibrahim for the Appellants; Abubakar Is’haq holding the brief of A. Ahmed for the 1st Respondent; 2nd and 3rd respondents absent and not represented even though served on 1 January 2011 and they filed no brief.

PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kaduna State High Court presided over by Honourable Justice M. L. Bello sitting in Zaria in a judgment delivered on 28 April 2005. The respondents in the suit now appellants, dissatisfied with the decision of the lower court appealed to this court on eight grounds of appeal.

Facts:

The 1st respondent as applicant for an order of judicial review before the lower court sought to have the decision of the trial Upper Area Court I GRA, Zaria quashed on the grounds inter alia that the trial court had contravened the provision of section 5 of the Area Courts (Civil Procedure) (Amendment) Rules, 1994. The 1st respondent also contested before the lower court that the trial court adopted the Islamic Law mode of trial but had not applied it instead followed the pattern of the common law trial and as such, occasioned a miscarriage of justice. The respondent had claimed his own share as a son from th…

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