DALHATU ADAMU, J.C.A., CFR (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Tanimu Zailani, judge of the High Court of Justice Kaduna State in exercising the Courts appellate jurisdiction in Suit No. KDH/KAD/175/2009 wherein the learned trial judge entered judgment against the appellants in favour of the Respondents by removing the proceedings of the Upper Sharia Court, Tudun Wada Kaduna to the High Court Kaduna and quashing the same in his judgment. The learned trial judge held that the Upper Sharia Court Judge Mustapha Umar acted without jurisdiction when he shared the estate of the appellants and respondents late father wherein the Trial High Court Judge himself had no jurisdiction to entertain the certiorari application brought by the respondents herein and thereby leading to a miscarriage of justice.
The parties in this appeal filed briefs of arguments with the appellants brief filed and deemed on 23/3/2011. The respondents brief on the ot…