IBRAHIM TANKO MUHAMMAD J.C.A (Delivering the leading Judgment): The direct complaint of the 1st plaintiff at the Kumo Upper Area Court (trial Court), formerly of Bauchi State is quoted as below:
"I Alhaji Ahmadu Jakarawa and 10 others, hereby instituted an action against Sani Alhaji Saini, Modibbo Alh. Saini and Babayo Alhaji Saini.
We are praying the court to receive our house and 26 farmlands from the custody of the respondents and to be handed (it) to us. The house and the farmlands in question are the ownership of our father who is now deceased. After his death, we could not share the inheritance amongst us. We left the said house and the 26 farmlands in the custody of Alhaji Sani, the father of Sani, Modibbo and Babayo. Alhaji Sani is now dead, so, we would like the court to receive the said house and the 26 farmlands from the custody of the respondents and to be handed to us, we should like the court to share the property of our late father Jauro Yakubu amongst us."
(underlining…