CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The suit leading to this appeal was commenced by one Hajiya Zainab Ahmadu as original plaintiff before the Potiskum Upper Area Court, Potiskum claiming for 2 houses belonging to one Hajiya Hauwa (now deceased) being part of inheritance properties of the deceased under the custody of the respondent herein. The original plaintiff on the first day of appearance sought for and was granted that she should subsequently be represented by Ibrahim Ahmadu, her son, whose name should be substituted for her own. From then on, the appellant took over the proceedings up to this court.
The trial court after hearing the parties and their witnesses declared the 2 houses claimed (i.e. one in Potiskum and one in Gombe) as inheritable properties for distribution to the heirs of the deceased, Hajiya Hauwa.
The defendant being dissatisfied with the judgment of the Upper Area Court Potiskum as stated above appealed against same to the High Court…